GEN. RUDENKO: You do not remember it? I shall not examine you about it

closely but you see that the document plans the seizure of Gibraltar

with the active participation of Spain. In addition it provides for an

attack on Syria, Palestine, Egypt, and so forth. And you say that you

know nothing of this document?

KEITEL: I shall be glad to give information about that. An attack to

seize Gibraltar, the entrance to the Mediterranean straits, had already

been planned for the preceding winter but had not been carried out, that

is, during the winter of 1939-40. It was nothing new and the other

topics which have been mentioned were those which developed ideas based

on the situation existing north of the Caucasus as a result of the

operations. I do not at all mean to say that these ideas were not given

any thought, but I do not remember it and I did not read every document

or paper of the Wehrmacht Operations Staff when it was in the drafting

stage.

GEN. RUDENKO: If you consider as mere scraps of paper documents

concerning the seizure of foreign countries, then what documents do you

consider as important?

KEITEL: I can state only the following, which is true and sincere. In

wartime one makes many plans and considers various possibilities which

are not and cannot be carried out in the face of the hard facts of

reality; and therefore it is not permissible to regard such papers

afterwards from an historical point of view, as representing throughout

the will and intention of the operational and strategic war leadership.

GEN. RUDENKO: I agree with you that from an historical point of view

this document is at present of no importance whatsoever. But taken in

conjunction with the plan of the German General Staff at a time when

this Staff thought it was going to defeat the Soviet Union, the document

does acquire a very different meaning. However, I shall not examine you

any further about this document, for the time being.

I now pass on to the subject of atrocities and of your attitude towards

these crimes. Your counsel, Dr. Nelte, has already handed you the

principal documents of the Prosecution on the subject of atrocities. I

do not therefore intend either to submit them again or to enter into any

detailed argument on the subject. I shall merely examine you on the

basic principles of these documents which were submitted by your counsel

when he interrogated you.

I shall first of all refer to a document entitled, “Directive on the

Introduction of Military Jurisdiction in Region Barbarossa and on the

Adoption of Special Military Measures.” Do you remember that document?

It was drawn up on 13 May 1941 more than a month before the outbreak of

war against the Soviet Union. Do you remember that in that document,

drawn up before the war, instructions were given that suspect elements

should immediately be brought before an officer and that he would decide

whether they were to be shot? Do you remember that directive? Did you

sign the document?

KEITEL: Yes, I have never denied that. But I have given the necessary

explanations as to how the document came into being and who was its

originator.

THE PRESIDENT: What is the number of the document?

GEN. RUDENKO: Document C-50, dated 13 May 1941.

THE PRESIDENT: Very well.

GEN. RUDENKO: [_To the defendant_]: Although you declare that you have

already elucidated the matter to your counsel, I am nevertheless obliged

to put this question to you in a slightly different form: Did you

consider that an officer had a right to shoot people without trial or

investigation?

KEITEL: In the German Army there have always been courts-martial for our

own soldiers as well as for our enemies, which could always be set up,

consisting of one officer and one or two soldiers all three of whom

would act as judges. That is what we call a court-martial

(Standgericht); the only requisite is always that an officer must

preside at this court. But as a matter of principle I have to repeat the

statement which I have made yesterday...

GEN. RUDENKO: One moment! Please reply to this question. Did not this

document do away with judicial proceedings in the case of so-called

suspects, at the same time leaving to an officer of the German Army the

right to shoot them? Is that correct?

KEITEL: In the case of German soldiers it was correct and was permitted.

There is a military tribunal with judicial officers and there is a

court-martial which consists of soldiers. These have the right to pass

and to execute an appropriate sentence against any soldier of the German

Army in court-martial proceedings.

THE PRESIDENT: You are not answering the question. The question is, what

right does this document give, not what the orders in the German Army

are.

GEN. RUDENKO: Can you reply to the following question? Did this document

do away with judicial proceedings and did it give the German officer the

right to shoot suspects, as stated herein?

KEITEL: That was an order which was given to me by Hitler. He had given

me that order and I put my name under it. What that means, I explained

in detail yesterday.

GEN. RUDENKO: You, a Field Marshal, signed that decree. You considered

that the decree was irregular; you understood what the consequences of

that decree were likely to be. Then why did you sign it?

KEITEL: I cannot say any more than that I put my name to it and I

thereby, personally, assumed in my position a degree of responsibility.

GEN. RUDENKO: And one more question. This decree was dated 13 May 1941,

almost a month before the outbreak of war. So you had planned the murder

of human beings beforehand?

KEITEL: That I do not understand. It is correct that this order was

issued about 4 weeks before the beginning of the campaign Barbarossa,

and another 4 weeks earlier it had been communicated to the generals in

a statement by Hitler. They knew that weeks before.

GEN. RUDENKO: Do you know how this decree was actually applied?

KEITEL: I have also told my opinion to the interrogating General of the

Soviet Army in the preliminary interrogations; whether generals

discussed this order with me has not been mentioned, but I wish to point

out that it says specifically here that the higher commanders have the

right to suspend this order concerning court jurisdiction as soon as

their area is pacified. I have given the same answer to every general

who has asked me about the reasons for this order and its effect. I said

that it provides that they were allowed to suspend this order as soon as

they considered their area to be pacified. That is an individual

subjective question for the discretion of the commanders and it is

provided therein.

GEN. RUDENKO: And now for the final question in connection with this

order or directive. This order actually assured German soldiers and

officers impunity for arbitrary actions and actions of lawlessness?

KEITEL: Within certain limits, within certain limits! The limit was

strictly defined in the oral order to the generals, namely, application

of severest disciplinary measures among their own troops.

GEN. RUDENKO: I think, Defendant Keitel, that you have seen these

“certain limits” in the documents submitted to the Tribunal and in the

documentary films.

I shall now ask you the following question: On 12 May 1941 the question

of the treatment of captured Russian political commissars and military

prisoners was under consideration. Do you remember that document?

KEITEL: At the moment I cannot recall which one you mean. It is not

clear to me what you are referring to at the moment.

GEN. RUDENKO: I refer to the document dated 12 May 1941, which

established that the political leaders of the Red Army should not be

recognized as prisoners of war but should be destroyed.

KEITEL: I have seen only notes on it. I do not recall the document at

present but I know the facts. I cannot recall the document at the

moment. May I see it please?

GEN. RUDENKO: If you please. [_The document was handed to the

defendant._]

THE PRESIDENT: What number is it?

GEN. RUDENKO: Number 884-PS. It is a document dated 12 May 1941 and

entitled: “Treatment of Political and Military Russian Functionaries.”

KEITEL: It is not an order but a memorandum on a report by the

Department of National Defense, with the remark that decisions by the

Führer are still required. The memorandum probably refers to a suggested

order, I remember this now; I saw it at the time and the result of the

report is not mentioned but merely a suggestion which was put down for

the ruling. As far as I know, the ruling was taken on those lines then

communicated to the High Command of the Army as having been approved by

the Führer or having been attended to, or discussed, or agreed upon,

directly between the Führer and the Commander-in-Chief of the Army.

GEN. RUDENKO: What do you mean when you speak of “regulation”? We have

learned so many expressions from German Army terminology, such as

“regulation,” “special treatment,” “execution,” but they all, translated

into vulgar parlance, mean one thing, and one thing only—murder. What

are you thinking of when you say “regulation”?

KEITEL: I did not say “regulation.” I do not know which word was

understood to mean regulation. I said that, in the sense of that

memorandum, according to my recollection, directives had been issued by

Hitler to the Army at that time, that is, an approval to the suggestion

which has been made in the memorandum.

GEN. RUDENKO: In that case you do not deny that as far back as May, more

than a month before the outbreak of war, the document had already been

drafted which provided for the annihilation of Russian political

commissars and military personnel? You do not deny this?

KEITEL: No, that I do not deny. That was the result of the directives

which had been communicated and which had been worked out here in

writing by the generals.

THE PRESIDENT: The Tribunal will adjourn now.

[_The Tribunal adjourned until 6 April 1946 at 1000 hours._]

ONE HUNDRED AND FIRST DAY

Saturday, 6 April 1946

_Morning Session_

GEN. RUDENKO: Defendant Keitel, I am asking you about the directive

concerning the so-called communist insurrectionary movement in the

occupied territories. Yesterday your counsel showed you this directive.

It is an order of 16 September 1941, Number R-98. I shall remind you of

one passage from this order. It states:

“In order to nip in the bud any conspiracy, the strongest

measures should be taken at the first sign of trouble in order

to maintain the authority of the occupying power and to prevent

the conspiracy from spreading...”;

and furthermore:

“...one must bear in mind that in the countries affected human

life has absolutely no value and that a deterrent effect can be

achieved only through the application of extraordinarily harsh

measures.”

You remember this basic idea of the order, that human life absolutely

does not amount to anything. Do you remember this statement, the basic

statement of the order, that “human life has absolutely no value”? Do

you remember this sentence?

KEITEL: Yes.

GEN. RUDENKO: You signed the order containing this statement?

KEITEL: Yes.

GEN. RUDENKO: Do you consider that necessity demanded this extremely

evil order?

KEITEL: I explained some of the reasons for this order yesterday and I

pointed out that these instructions were addressed in the first place to

the Commander-in-Chief of the Wehrmacht offices in the Southeast; that

is, the Balkan regions, where extensive partisan warfare and a war

between the leaders had assumed enormous proportions, and secondly,

because the same phenomena had been observed and established on the same

or similar scale in certain defined areas of the occupied Soviet

territory.

GEN. RUDENKO: Does this mean that you consider this order to have been

entirely correct?

KEITEL: I have already explained in detail, in replying to questions, my

fundamental standpoint with regard to all orders concerning the

treatment of the population. I signed the order and by doing so I

assumed responsibility within the scope of my official jurisdiction.

THE PRESIDENT: The Tribunal considers that you are not answering the

question. The question was perfectly capable of an answer “yes” or “no”

and an explanation afterwards. It is not an answer to the question to

say that you have already explained to your counsel.

GEN. RUDENKO: I ask you once more, do you consider this order, this

particular order—and I emphasize, in which it is stated that “human

life has absolutely no value”—do you consider this order correct?

KEITEL: It does not contain these words; but I knew from years of

experience that in the Southeastern territories and in certain parts of

the Soviet territory, human life was not respected to the same degree.

GEN. RUDENKO: You say that these words do not exist in the order?

KEITEL: To my knowledge those exact words do not appear; but it says

that human life has very little value in these territories. I remember

something like that.

GEN. RUDENKO: According to your recollection now, you remember that you

were interrogated by General Alexandrov on 9 November 1945. To a

question in regard to the meaning of this sentence you replied: “I must

admit that this sentence is authentic, although the Führer himself

inserted this sentence in the order.”

Do you remember your explanation?

KEITEL: That is correct. That is true.

GEN. RUDENKO: I can produce this order for you. I did not produce it

because you were familiarizing yourself with it yesterday.

KEITEL: I did not read through all the points yesterday. I merely

admitted its actual existence.

THE PRESIDENT: It would help the Tribunal if you got a translation of

the document. When you are cross-examining upon a document and as to the

actual words of it, it is very inconvenient for us not to have the

document before us.

GEN. RUDENKO: Mr. President, I shall at once present this order to the

defendant.

[_Handing the document to the defendant._]

THE PRESIDENT: Is it Document 389-PS?

GEN. RUDENKO: Yes, this is Document 389-PS.

THE PRESIDENT: When you are citing a document it would be a good thing

if you would cite the number rather slowly because very often the

translation does not come through accurately to us.

GEN. RUDENKO: All right, I shall observe this in the future, Mr.

President. I numbered this document R-98, but it has a double number,

R-98 and 389-PS. I cited Subparagraph 3 b) of this order.

Defendant Keitel, have you familiarized yourself with the document?

KEITEL: Yes. The text in the German language says that “in the countries

affected human life frequently has no value...”

GEN. RUDENKO: And further?

KEITEL: Yes, “...and a deterrent effect can be obtained only by extreme

harshness. To atone for the life of a German soldier...”

GEN. RUDENKO: Quite clear. And in this same order, in this same

Subparagraph “b,” it is stated that:

“To atone for the life of one German soldier, 50 to 100

Communists must, as a rule, be sentenced to death. The method of

execution should strengthen the measure of determent.”

Is that correct?

KEITEL: The German text is slightly different. It says: “In such cases

in general, the death penalty for 50 to 100 Communists may be considered

adequate.”

That is the German wording.

GEN. RUDENKO: For one German soldier?

KEITEL: Yes. I know that and I see it here.

GEN. RUDENKO: That is what I was asking you about. So now I ask you once

more...

KEITEL: Do you want an explanation of that or am I not to say any more?

GEN. RUDENKO: I shall now interrogate you on this matter. I ask you

whether, when signing this order you thereby expressed your personal

opinion on these cruel measures? In other words, were you in agreement

with Hitler?

KEITEL: I signed the order but the figures contained in it are

alterations made personally by Hitler himself.

GEN. RUDENKO: And what figures did you present to Hitler?

KEITEL: The figures in the original were 5 to 10.

GEN. RUDENKO: In other words, the divergence between you and Hitler

consisted merely in the figures and not in the spirit of the document?

KEITEL: The idea was that the only way of deterring them was to demand

several sacrifices for the life of one soldier, as is stated here.

GEN. RUDENKO: You...

THE PRESIDENT: That was not an answer to the question. The question was

whether the only difference between you and Hitler on this document was

a question of figures. That admits of the answer, “yes” or “no.” Was the

only difference between you and Hitler a question of figures?

KEITEL: Then I must say that with reference to the underlying principle

there was a difference of opinion, the final results of which I no

longer feel myself in a position to justify, since I added my signature

on behalf of my department. There was a fundamental difference of

opinion on the entire question.

GEN. RUDENKO: All right. Let us continue.

I would like to remind you of one more order. It is the order dated 16

December 1942, referring to the so-called “Fight against the Partisans.”

This document was submitted to the Tribunal as Exhibit Number USSR-16; I

shall not examine you in detail with regard to this order. It was

presented to you yesterday by your defense counsel.

KEITEL: I do not remember that at the moment.

GEN. RUDENKO: You do not remember?

KEITEL: Not the one that was presented yesterday.

GEN. RUDENKO: All right. If you do not remember I can hand you this

document in order to refresh your memory.

THE PRESIDENT: What was the PS number of this document?

GEN. RUDENKO: This is the document submitted by the Soviet Prosecution

as Exhibit Number USSR-16 (Document Number USSR-16).

THE PRESIDENT: I just took down that it was USA-516, but I suppose I was

wrong in hearing. It is USSR-16, is it?

GEN. RUDENKO: Yes, USSR-16.

THE PRESIDENT: Very well.

GEN. RUDENKO: [_Handing the document to the defendant._] I shall

interrogate you, Defendant Keitel, only on one question in connection

with this order. In Subparagraph 1 of this order, Paragraph 3, it is

stated, and I would draw your attention to the following sentence:

“The troops are therefore authorized and ordered in this

struggle to take any measures without restriction even against

women and children, if that is necessary to achieve success.”

Have you found this passage?

KEITEL: Yes.

GEN. RUDENKO: Have you found the order calling for the application of

any kind of measures you like without restriction, also against women

and children?

KEITEL: “To employ without restriction any means, even against women and

children, if it is necessary.” I have found that.

GEN. RUDENKO: That is exactly what I am asking you about. I ask you,

Defendant Keitel, Field Marshal of the former German Army, do you

consider that this order is a just one, that measures may be employed at

will against women and children?

KEITEL: Measures, insofar as it means that women and children were also

to be removed from territories where there was partisan warfare, never

atrocities or the murder of women or children. Never!

GEN. RUDENKO: To remove—a German term—means to kill?

KEITEL: No. I do not think it would ever have been necessary to tell

German soldiers that they could not and must not kill women and

children.

GEN. RUDENKO: You did not answer my question.

Do you consider this order a just one in regard to measures against

women and children or do you consider it unjust? Answer “yes” or “no.”

Is it just or unjust? Explain the matter later.

KEITEL: I considered these measures to be right and as such I admit

them; but not measures to kill. That was a crime.

GEN. RUDENKO: “Any kind of measures” includes murder.

KEITEL: Yes, but not of women and children.

GEN. RUDENKO: Yes, but it says here “Any kind of measures against women

and children.”

KEITEL: No, it does not say “any measures.” It says “...and not to

shrink from taking measures against women and children.” That is what it

says.

No German soldier or German officer ever thought of killing women and

children.

GEN. RUDENKO: And in reality...?

KEITEL: I cannot say in every individual case, since I do not know and I

could not be everywhere and since I received no reports about it.

GEN. RUDENKO: But there were millions of such cases?

KEITEL: I have no knowledge of that and I do not believe that it

happened in millions of cases.

GEN. RUDENKO: You do not believe it?

KEITEL: No.

GEN. RUDENKO: I shall proceed to another question. I shall now refer to

one question, the question of the treatment of Soviet prisoners of war.

I do not intend to examine you in regard to the branding of Soviet

prisoners of war and other facts; they are sufficiently well known to

the Tribunal. I want to examine you in regard to one document, the

report of Admiral Canaris, which was presented to you yesterday. You

remember yesterday your counsel submitted to you the Canaris report; it

is dated 15 September 1941 and registered under Document Number EC-338.

As you will remember, even a German officer drew attention to the

exceptional arbitrariness and lawlessness admitted in connection with

the Soviet prisoners of war. Canaris in this report pointed to the mass

murders of Soviet prisoners of war and spoke of the necessity of

definitely eliminating this arbitrariness. Did you agree with the

statements advanced by Canaris in his report, with reference to

yourself?

KEITEL: I did not understand the last statement. With reference to

myself?

GEN. RUDENKO: The last question amounts to this: Were you, Keitel,

personally in agreement with the proposals made by Canaris in his

report, that the arbitrary treatment permitted should be done away with

where Soviet prisoners of war were concerned?

KEITEL: I answered my counsel yesterday...

GEN. RUDENKO: You can answer my question briefly; were you in agreement

with it?

KEITEL: Yes, I will be brief—on receiving that letter, I immediately

submitted it to the Führer, Adolf Hitler, especially on account of the

enclosed publication by the Peoples’ Commissars, which was dated the

beginning of July, and I asked for a new decision. On the whole I shared

the objections raised by Canaris, but I must supplement that...

GEN. RUDENKO: You shared them? Very well. I shall now present you with

the original copy of Canaris’ report, containing your decision.

Mr. President, I shall now present to the defendant the document

containing his decision. This decision was not read into the record in

court and I shall also present the text of his final decision to the

Tribunal.

THE PRESIDENT: Do you have the original?

GEN. RUDENKO: Yes, I gave it to the defendant.

And now, Witness Keitel, will you please follow?

KEITEL: I know the document with the marginal notes.

GEN. RUDENKO: Listen to me and follow the text of the decision. This is

Canaris’ document, which you consider a just one. The following are the

contents of your decision:

“These objections arise from the military conception of

chivalrous warfare. We are dealing here with the destruction of

an ideology and, therefore, I approve such measures and I

sanction them.” Signed: “Keitel.”

Is this your resolution?

KEITEL: Yes, I wrote that after it had been submitted to the Führer for

decision. I wrote it then.

GEN. RUDENKO: It is not written there that the Führer said so; it is

said “I sanction them”—meaning Keitel.

KEITEL: And I state this on oath; and I said it even before I read it.

GEN. RUDENKO: This means that you acknowledge the decision. I will now

draw your attention to another passage of this document. I draw your

attention to Page 2. Please observe that the text of Canaris’ report

mentions the following:

“The separation of civilians and prisoners of war who are

politically undesirable, and decisions to be made in regard to

their fate, is to be effected by task forces (Einsatzkommando)

belonging to the Security Police and the SD in accordance with

directives not known to the Wehrmacht establishments and whose

execution cannot be checked by the latter.”

Canaris writes this; your decision, Defendant Keitel, is written in the

margin. It says, “Highly expedient.” Is that correct?

KEITEL: Please repeat the last question. The last words I heard were

“Canaris writes.”

GEN. RUDENKO: Yes, and I am now mentioning the fact that your decision

“Highly expedient” appears in the margin, opposite that paragraph, and

written by your own hand. Have you found this?

KEITEL: Yes. The word “expedient” refers to the fact that the army

offices had nothing to do with these Einsatzkommandos and knew nothing

about them. It states that they are not known to the Wehrmacht.

GEN. RUDENKO: And furthermore it refers to the fact that the Security

Police and the SD should wreak vengeance on civilians and prisoners of

war? You consider that expedient?

KEITEL: No, I thought it expedient that the activities of these

Kommandos be unknown to the Armed Forces. That is what I meant. That

appears here and I underlined “unknown.”

GEN. RUDENKO: I am asking you, Defendant Keitel, known as Field Marshal

and one who, before this Tribunal, has repeatedly referred to yourself

as a soldier, whether you, in your own blood-thirsty decision of

September 1941, confirmed and sanctioned the murder of the unarmed

soldiers whom you had captured? Is that right?

KEITEL: I signed both decrees and I, therefore, bear the responsibility

within the sphere of my office; I assume the responsibility.

GEN. RUDENKO: That is quite clear. In this connection I would like to

ask you, since you have repeatedly mentioned it before the Tribunal,

about the duty of a soldier. I want to ask you: Is it in accordance with

the concept of a “soldier’s duty” and the “honor of an officer” to

promulgate such orders for reprisals on prisoners of war and on peaceful

citizens?

KEITEL: Yes, as far as the reprisals of August and September are

concerned, in view of what happened to German prisoners of war whom we

found in the field of battle, and in Lvov where we found them murdered

by the hundreds.

GEN. RUDENKO: Defendant Keitel, do you again wish to follow the path to

which you resorted once before, and revive the question of the alleged

butchery of German prisoners of war? You and I agreed yesterday that as

far back as May 1941, prior to the beginning of the war, you had signed

a directive on the shooting of political and military workers in the Red

Army. I have some...

KEITEL: Yes, I also signed the orders before the war but they did not

contain the word “murder.”

GEN. RUDENKO: I am not going to argue with you since this means arguing

against documents; and documents speak for themselves.

I have a few last questions to ask you: You informed the Tribunal that

the generals of the German Army were only blindly carrying out Hitler’s

orders?

KEITEL: I have stated that I do not know if any generals raised

objections or who they were, and I said that it did not happen in my

presence when Hitler proclaimed the principles of the ideological war

and ordered them to be put into practice.

GEN. RUDENKO: And do you know that the generals, on their own

initiative, promulgated orders on atrocities and on the violation of the

laws and customs of war, and that these orders were approved by Hitler?

KEITEL: I know that high authorities in the Army issued orders altering,

modifying, and even cancelling in part; for instance, as regards

jurisdiction, the March decree and other measures, because they also

discussed it with me.

GEN. RUDENKO: You do not understand me. I did not ask about

modifications, but whether the generals, on their own initiative, ever

promulgated orders inciting to the violation of the laws and customs of

war.

KEITEL: I do not know of that. I do not know what order you are

referring to, General. At the moment I cannot say that I know that.

GEN. RUDENKO: I shall refer to one order only. What I have in mind is

General Field Marshal Reichenau’s order governing the conduct of troops

in the East.

This document, Mr. President, was presented by the Soviet Prosecution as

Exhibit Number USSR-12 (Document Number USSR-12). The passages to which

I refer are underlined in this document, and I shall read into the

record one quotation from this order governing the conduct of troops in

the East:

“Feeding the inhabitants and prisoners of war...is...a mistaken

humanity...”

KEITEL: I know the order. It was shown to me during a preliminary

interrogation.

GEN. RUDENKO: This order, issued on Reichenau’s initiative and approved

by Hitler, was distributed as a model order among all the army

commanders.

KEITEL: I did not know that; I heard about it here for the first time.

To my knowledge I never saw the order either.

GEN. RUDENKO: Of course you would, quite obviously, consider such orders

as entirely insignificant. After all, could the fate of Soviet prisoners

of war and of the civilian population be of any possible interest to the

Chief of the OKW, since their lives were of no value whatsoever?

KEITEL: I had no contact with the commanders at the front and had no

official connection with them. The Commander-in-Chief of the Army was

the only one who had.

GEN. RUDENKO: I am finishing your cross-examination. When testifying

before the Tribunal you very often referred, as did your accomplices,

the Defendants Göring and Ribbentrop, to the Treaty of Versailles, and I

am asking you, were Vienna, Prague, Belgrade and the Crimea part of

Germany before the Treaty of Versailles?

KEITEL: No.

GEN. RUDENKO: You stated here that in 1944, after the law had been

amended, you received an offer to join the Nazi Party. You accepted this

offer, presented your personal credentials to the leadership of the

Party, and paid your membership fees. Tell us, did not your acceptance

to join the membership of the Nazi Party signify that you were in

agreement with the program, objectives, and methods of the Party?

KEITEL: As I had already been in possession of the Golden Party Badge

for three or four years, I thought that this request for my personal

particulars was only a formal registration; and I paid the required

Party membership subscription. I did both these things and have admitted

doing them.

GEN. RUDENKO: In other words, before this formal offer was ever made,

you already, _de facto_, considered yourself a member of the Nazi Party?

KEITEL: I have always thought of myself as a soldier; not as a political

soldier or politician.

GEN. RUDENKO: Should we not conclude, after all that has been said here,

that you were a Hitler-General, not because duty called you but on

account of your own convictions?

KEITEL: I have stated here that I was a loyal and obedient soldier of my

Führer. And I do not think that there are generals in Russia who do not

give Marshal Stalin implicit obedience.

GEN. RUDENKO: I have exhausted all my questions.

SIR DAVID MAXWELL-FYFE: Defendant, do you remember on the 2d of October

1945 writing a letter to Colonel Amen, explaining your position? It was

after your interrogations, and in your own time you wrote a letter

explaining your point of view. Do you remember that?

KEITEL: Yes, I think I did write a letter; but I no longer remember the

contents. It referred to the interrogations, however.

SIR DAVID MAXWELL-FYFE: Yes.

KEITEL: And I think it contained a request that I be given a further

opportunity of thinking things over, as the questions put to me took me

by surprise and I was often unable to remember the answers.

SIR DAVID MAXWELL-FYFE: I want to remind you of one passage and ask you

whether it correctly expresses your view:

“In carrying out these thankless and difficult tasks, I had to

fulfill my duty under the hardest exigencies of war, often

acting against the inner voice of my conscience and against my

own convictions. The fulfillment of urgent tasks assigned by

Hitler, to whom I was directly responsible, demanded complete

self-abnegation.”

Do you remember that?

KEITEL: Yes.

SIR DAVID MAXWELL-FYFE: Well, now, I just want you to tell the Tribunal,

what were the worst matters in your view in which you often acted

against the inner voice of your conscience? Just tell us some of the

worst matters in which you acted against the inner voice of your

conscience.

KEITEL: I found myself in such a situation quite frequently, but the

decisive questions which conflicted most violently with my conscience

and my convictions were those which were contrary to the training which

I had undergone during my 37 years as an officer in the German Army.

That was a blow at my most intimate personal principles.

SIR DAVID MAXWELL-FYFE: I wanted it to come from you, Defendant. Can you

tell the Tribunal the three worst things you had to do which were

against the inner voice of your conscience? What do you pick out as the

three worst things you had to do?

KEITEL: Perhaps, to start with the last, the orders given for the

conduct of the war in the East, insofar as they were contrary to the

acknowledged usage of war; then something which particularly concerns

the British Delegation, the question of the 50 R.A.F. officers, the

question which weighed particularly heavy on my mind, that of the

terror-fliers and, worst of all, the Nacht und Nebel Decree and the

actual consequences it entailed at a later stage and about which I did

not know. Those were the worst struggles which I had with myself.

SIR DAVID MAXWELL-FYFE: We will take the Nacht und Nebel.

My Lord, this document and a good many to which I shall refer are in the

British Document Book Number 7, Wilhelm Keitel and Alfred Jodl, and it

occurs on Page 279. It is L-90, Exhibit USA-503.

[_Turning to the defendant._] Defendant, I will give you the German

document book. It is 279 of the British document book, and 289...

KEITEL: Number 731?

SIR DAVID MAXWELL-FYFE: It is Page 289. I do not know which volume it

is; Part 2, I think it is.

You see, the purpose of the decree is set out a few lines from the

start, where they say that in all cases where the death penalty is not

pronounced and not carried out within a week,

“...the accused are in the future to be deported to Germany

secretly, and further proceedings in connection with the

offenses will take place here. The deterrent effect of these

measures lies in: (a) the complete disappearance of the accused;

(b) the fact that no information may be given as to their

whereabouts or their fate.”

Both these purposes, you will agree, were extremely cruel and brutal,

were they not?

KEITEL: I said both at the time and yesterday, that I personally thought

that to deport individuals secretly was very much more cruel than to

impose a sentence of death. I have...

SIR DAVID MAXWELL-FYFE: Would you turn to Page 281—291 of yours—281 of

the English Book?

KEITEL: Yes, I have it.

SIR DAVID MAXWELL-FYFE: You say that this is your covering letter:

“The Führer is of the opinion:”—Line 4—“In the case of

offenses such as these, punishment by imprisonment, or even

penal servitude for life, will be considered a sign of weakness.

Effective and lasting intimidation can only be achieved either

by capital punishment or by measures which keep the culprit’s

relatives and the population generally uncertain as to his

fate.”

You will agree that there again these sentences of the Führer which you

are here transmitting were cruel and brutal, were they not?

KEITEL: Yes.

SIR DAVID MAXWELL-FYFE: Now, what I...

KEITEL: May I add something?

SIR DAVID MAXWELL-FYFE: Certainly, as shortly as you can.

KEITEL: I made a statement yesterday on this subject and I drew your

attention particularly to the words: “It is the Führer’s long considered

will,” which were intended to convey to the generals who were receiving

these orders what was written between the lines.

SIR DAVID MAXWELL-FYFE: But, you know, Defendant, that that was by no

means the end of this series of orders, was it? This order was

unsuccessful despite its cruelty and brutality in achieving its purpose,

was it not? This order, the Nacht und Nebel Order, in that form was

unsuccessful in achieving its purpose; it did not stop what it was

designed to stop? Is that right?

KEITEL: No, it did not cease.

SIR DAVID MAXWELL-FYFE: So that in 1944 you had to make a still more

severe order. Would you look at Document D-762? My Lord, that will

become Exhibit GB-298.

[_Turning to the defendant._] It says:

“The constant increase in acts of terror and sabotage in the

occupied territories, committed more and more by bands under

unified leadership, compels us to take the sternest

countermeasures in a degree corresponding to the ferocity of the

war which is forced upon us. Those who attack us from the rear

at the crisis of our fight for existence deserve no

consideration.

“I therefore order:

“All acts of violence committed by non-German civilians in the

occupied territories against the German Wehrmacht, the SS, or

the Police, or against installations used by them, are to be

combated in the following manner as acts of terrorism and

sabotage:”—(1)—“The troops,”—the SS and so on—“are to fight

down on the spot...all terrorists and saboteurs.”—(2)—“Those

who are apprehended later are to be handed over to the nearest

local Security Police and the SD office.”—(3)—“Accomplices,

especially women, who take no active part in the fighting, are

to be employed on labor. Children are to be spared.”

Now, would you look at Paragraph II:

“The Chief of the OKW will issue the necessary executive

instructions. He is entitled to make alterations and additions

as far as required by the exigencies of war operations.”

Did you think that was a cruel and severe order or not?

KEITEL: Yes, I do think so, but may I make one small correction? It must

have been incorrectly translated. The actual wording is: “Women are to

be employed on labor. Children are to be spared.” So it says in the

original version which I have before me.

SIR DAVID MAXWELL-FYFE: I said “spared.” “Spared” meant that they were

not to be treated thus. I was careful to mention that.

KEITEL: Yes.

SIR DAVID MAXWELL-FYFE: Now, you had authority to make alterations and

additions. Did you, by your alterations and additions, attempt to

mitigate the severity of that order in any way?

KEITEL: I have no recollection of having issued any additional orders to

mitigate its severity. I may also say that I never would have issued

anything without first presenting it to the Führer.

SIR DAVID MAXWELL-FYFE: Just let us see what you did issue. Would you

look at Document D-764, which will be Exhibit GB-299?

Now, that is your executive order, countersigned I think by the Senior

Military Judge, putting forward your order based on that decree; and

would you look at Paragraphs 4 and 5:

“All legal proceedings now going on in connection with acts of

terrorism, sabotage, or other crimes committed by non-German

civilians in the occupied territories which imperil the security

or readiness for action of the occupying power are to be

suspended. Indictments are to be dropped. Sentences already

pronounced are not to be carried out. The culprits are to be

handed over with a report on the proceedings to the nearest

local Security Police and SD office. In the case of death

sentences which have already become final, the regulations now

in force will continue to apply.

“Crimes affecting German interests but which do not imperil the

security or readiness for action of the occupying power do not

justify the retention of jurisdiction over non-German civilians

in the occupied territories. I authorize the commanders of the

occupied territories to draw up new regulations in agreement

with the Higher SS and the Police Leader.”

And then you ask them to consider among the first, one handing them over

to the SD for forced labor.

That was certainly not mitigation of the order, was it? You were not

making it any easier.

KEITEL: There are a few sentences to be added here. This arose out of

the daily discussion of these matters which I dealt with later on the

same lines as the first decree. I made suitable annotations, and signed

them.

SIR DAVID MAXWELL-FYFE: Well, now, that is what you called terrorism and

sabotage. Let us look at what happened to people who were guilty of

something less than terrorism or sabotage. Look at Document D-763. That

will be GB-300. “Non-German civilians...”

KEITEL: Yes.

SIR DAVID MAXWELL-FYFE: “Non-German civilians in the occupied

territories who endanger the security or tactical preparedness

of the occupying power otherwise than through acts of terrorism

and sabotage, are to be handed over to the SD. Section I, Number

3...”—that is the part that says women will be employed on

labor and children will be spared—“of the Führer’s order also

applies to them.”

Well, you knew perfectly well what would happen to anyone who was handed

over to the SD, that he would probably be killed, certainly be put into

a concentration camp, did you not?

KEITEL: I did not interpret it that way; the words “to be allocated on

labor” were always used; but it has become clear to me from what I have

learned that they frequently ended in the concentration camp. However,

it was always described to us, to me, as a labor camp. That was the

description, “labor camps of the Secret State Police.”

SIR DAVID MAXWELL-FYFE: But this is August 1944. You will agree that

that is a most severe course to take with people who have been guilty of

something less than terrorism or sabotage, do you not?

KEITEL: Yes.

SIR DAVID MAXWELL-FYFE: Now, let us...

KEITEL: I assume that you do not wish me to discuss this origin and

development here. Otherwise I could explain them; but I will merely

answer the question. The answer is, yes, it was a very severe measure.

The explanation, if I may state it very briefly, is that, as is known,

during the interminable daily situation reports on the incidents in all

the occupied territories, I received from the Führer instructions and

orders which were afterwards crystallized in a form similar to this

document; and I think I have already described in detail the way in

which I discussed these things with him and how I worked, that on

principle I never issued or signed anything which did not agree in

principle with his wishes.

SIR DAVID MAXWELL-FYFE: That was severe enough for you for only 3 weeks,

was it not, because on 4 September, which is barely 3 weeks later, you

issued another order, Document D-766, Exhibit GB-301. Now, this was

issued, as it shows, as an agreement with Himmler, Kaltenbrunner, the

Reich Minister of Justice and Dr. Lammers. Now look at I:

“Non-German civilians in occupied territories who have been

sentenced by German courts for a criminal act against the

security or tactical preparedness of the occupying power, the

sentence having become final, and who are in custody in the

occupied territories or in the home front area, are to be handed

over, together with a report on the facts, to the nearest local

Security Police and SD office. An exception is made only in the

case of those sentenced to death for whom the execution of the

penalty has been ordered.

“II. Persons convicted of criminal acts against the Reich or the

occupying power and prohibited, in accordance with the

directives...issued by the Führer for the prosecution of such

acts, from intercourse with the outside world, are to be given a

distinguishing mark.”

Now, had you any idea how many people would be affected by that order?

KEITEL: No, I cannot say anything about that. I know only that it was

made necessary by the increasing tension in the occupied territories,

due to lack of troops to keep order.

SIR DAVID MAXWELL-FYFE: Well, let me remind you. You called a conference

to consider this matter. That is shown in Document D-765, and I also

show you D-767, the report of the conference. You need not worry about

765, which just says that there is to be a conference, but in Document

D-767, which will be Exhibit GB-303, there is a report of the

conference. The second paragraph says:

“The Reichsführer SS”—Himmler—“demands in his letter the

immediate surrender to the SD of approximately 24,000 non-German

civilians who are under arrest or held for interrogation.”—Now

listen to this: “No answer was given to the question raised

during the discussion as to why they must be surrendered to the

SD at the present moment, in spite of the considerable amount of

administrative work involved.”

Can you give any answer now as to why 24,000 people who had been

sentenced should be transferred to the tender mercies of the SD?

KEITEL: May I read this note? I do not know it; may I read it now,

please?

SIR DAVID MAXWELL-FYFE: Certainly. You will see that I did not trouble

you with it all, but it says what I had already put to you earlier, that

the Nacht und Nebel Decree had become superfluous as a result of the

terror and sabotage decree, and that the Wehrmacht Legal Department had

presented these things for discussion.

Now, can you give us any answer as to why these 24,000 unfortunate

persons who had been sentenced should be handed over to the tender

mercies of the SD?

KEITEL: I must say that I am surprised by the whole incident. I did not

attend the conference, and apparently I did not read the note since, as

a matter of principle, I always marked every document which had been

presented to me with my initials. I am not acquainted with the figures

quoted; this is the first time I have seen them; I am not acquainted

with them and I do not remember them, unless another order was...

SIR DAVID MAXWELL-FYFE: I will give you something which you have read.

KEITEL: As regards the facts about which you ask, I must answer in the

affirmative. I do not know the figures, only the facts.

SIR DAVID MAXWELL-FYFE: And you cannot answer my question. You cannot

give us any reason as to why the Wehrmacht and these other offices were

sending the 24,000 people, who had been sentenced by ordinary courts,

over to the SD? You cannot give us any reason for that?

KEITEL: No; I may say that up to a point I can. I think “SD” is a

misinterpretation. I think police custody was meant. That does not mean

the same thing.

SIR DAVID MAXWELL-FYFE: Certainly not.

KEITEL: I do not know if it might have been the same thing.

SIR DAVID MAXWELL-FYFE: Surely you have been at this Trial too long to

think that handing people over to the SD means police custody. It means

a concentration camp and a gas chamber usually, does it not? That is

what it meant in fact, whether you knew it or not.

KEITEL: I did not know it, but it obviously led to the concentration

camp in the end. I consider it possible; in any case, I cannot say that

it was not.

THE PRESIDENT: Sir David, the last paragraph but one refers to the OKW.

SIR DAVID MAXWELL-FYFE: Yes, My Lord, I am just coming to that.

[_Turning to the defendant._] If you will notice that, Defendant, two

paragraphs below the one I put to you it states:

“As the OKW is not particularly interested in trying the minor

matters still remaining for the military tribunals, they are to

be settled by decrees to be agreed upon by local authorities.”

It is quite clear that your office was deeply concerned in this

business, was it not, Defendant?

KEITEL: I do not know exactly what it means, but it was obviously

mentioned at that conference.

SIR DAVID MAXWELL-FYFE: Now, before I put the next document, I want you

to realize how we have been going. We started with the Nacht und Nebel

Decree, which disappeared, and we went on to the Terror and Sabotage

Decree. We then proceeded to acts which were less than terror and

sabotage, but were criminal acts under the rules of the occupying power.

I now want you to consider what was done to people who simply refused to

work. Would you look at Document D-769? That is Exhibit GB-304. That is

a telegram from Luftwaffe General Christiansen, who was in the

Netherlands, Commander of the Air Forces in the Netherlands, through his

Chief of Staff.

Now listen to this:

“Owing to railway strike, all communications in Holland at

standstill. Railway personnel does not respond to appeals to

resume work. Demands for motor vehicles and other means of

transport for moving troops and maintaining supplies are no

longer obeyed by the civil population. According to the Führer’s

decree of 18 August 1944”—that is the Terror and Sabotage

Decree, which you have already had—“and the supplementary

executive instructions of the Chief of the OKW”—which we have

already seen—“troops may use weapons only against persons who

commit acts of violence as terrorists or saboteurs, whereas

persons who endanger the security or tactical preparedness of

the occupying power in any other way than by terrorism or acts

of sabotage, are to be handed over to the SD.”

Then General Christiansen comes in with this:

“This regulation has proved too complicated, and therefore

ineffective. Above all, we do not possess the necessary police

forces. The troops must again receive authority to shoot also,

with or without summary court-martial, persons who are not

terrorists or saboteurs in the sense of the Führer’s decree, but

who endanger the fighting forces by passive resistance. It is

requested that the Führer’s decree be altered accordingly, as

the troops cannot otherwise assert themselves effectively

against the population, which in its turn, appears to endanger

the conduct of operations.”

Now, Defendant, will you agree that shooting, with or even without

trial, railway men who will not work, is about as brutal and cruel a

measure as could well be imagined by the mind of man? Do you agree?

KEITEL: That is a cruel measure, yes.

SIR DAVID MAXWELL-FYFE: What was your answer to that cruel measure?

KEITEL: I cannot say. I do not recollect the incident at all, but

perhaps the answer is there.

SIR DAVID MAXWELL-FYFE: Well, look at the Document D-770, which is, I

think, your answer; it is Exhibit GB-305. You will notice on the

distribution list that that goes to the Commander of the Armed Forces in

the Netherlands, and further to the signal which we have just been

looking at. Now, you say:

“According to the Führer’s order of 30 July 1944, non-German

civilians in the occupied territories who attack us in the rear

in the crisis of our battle for existence deserve no

consideration. This must be our guiding principle in the

interpretation and application of the Führer’s decree itself and

the Chief of the OKW’s executive decree of 18 August 1944.

“If the military situation and the state of communications make

it impossible to hand them over to the SD, other effective

measures are to be taken ruthlessly and independently. There is,

naturally”—and I ask you to note the word “naturally”—“no

objection to passing and executing death sentences by summary

court-martial under such circumstances.”

I can not remember, Defendant, whether you have ever had an independent

command yourself or not. Have you? Have you had an independent command,

apart from your division? I think that was the last independent command

you had. You have not had an independent command yourself, have you?

Don’t I make myself clear?

KEITEL: I did not understand. What do you mean by “independent”?

SIR DAVID MAXWELL-FYFE: I mean that you have not been a commander or

chief of an army or army group yourself, if I remember rightly, or of an

area, have you?

KEITEL: No, I have not.

SIR DAVID MAXWELL-FYFE: I ask you to put yourself in General

Christiansen’s position. That answer of yours was a direct

encouragement, practically amounting to an order, to shoot these railway

men out of hand, was it not? “To take other effective measures

ruthlessly and independently.”

KEITEL: That is explained by the form of summary court-martial. It is

not left to the discretion of the individual; jurisdiction of summary

court-martial was provided.

SIR DAVID MAXWELL-FYFE: Just look at the way it is put, Defendant. I

suggest to you that it is quite clear. One sentence states: “If handing

over to the SD is impossible, owing to the military situation and the

state of communications, other effective measures are to be taken

ruthlessly and independently.”

Then, the next sentence: “There are, naturally”—look at the word

“naturally.” I suppose that it was “natürlich” in German. Is that

correct?

KEITEL: I have not the word “natürlich” here. Two words, so far as I can

make out, have been inserted.

SIR DAVID MAXWELL-FYFE: But it says: “There are, naturally, no

objections to passing and executing death sentences by summary

court-martial procedure.” What you are saying is that, of course, there

is no objection to a summary court, but you are telling him, in addition

to that, that he is to take effective measures ruthlessly and

independently. If General Christiansen had shot these railway men out of

hand, after getting that letter from you, neither you nor any other

superior could have blamed him for it, could you?

KEITEL: According to the last sentence, he was obliged to carry out

summary court-martial procedure. It says: “There are no objections to

the executing of this sentence by summary court-martial under such

circumstances.” That is how I meant it.

SIR DAVID MAXWELL-FYFE: But what did you mean by “effective measures to

be taken ruthlessly and independently”? What did you mean by that, if it

was only an ordinary summary court procedure?

KEITEL: Not apart from summary court procedure, but by means of the

same. That is what the last sentence means. It is already unusual to

appoint a summary court-martial in such cases.

SIR DAVID MAXWELL-FYFE: Yes, even on your basis, to use a military

summary court to shoot railway men who will not work is going rather far

even for you, is it not? It is going rather far, isn’t it?

KEITEL: That was a very severe measure, yes.

SIR DAVID MAXWELL-FYFE: Do you tell the Tribunal that when you make all

these additions, taking you through the chain of additions that you make

to the order replacing the Nacht und Nebel Order, of which you

disapproved, do you say that you went to Hitler for every one of these

executive orders and answers that you made?

KEITEL: Yes. I went to him on the occasion of every one of these orders.

I must emphasize the fact that I did not issue any of these orders

without previously submitting it to the Führer. I must expressly point

out that that was so.

DR. NELTE: Mr. President, I think a misunderstanding has crept into the

translation. The translation interprets “Standgericht” as summary court.

I do not believe that the words “summary court” reflect accurately what

we understand in the German language by “Standgericht.” I do not know

just what you understand in the English or American language by “summary

court,” but I can imagine that this means some summary procedure.

SIR DAVID MAXWELL-FYFE: I was taking it in favor of the Defendant that

it meant the court he referred to yesterday, one officer and two

soldiers. I was taking that. If I am wrong, the Defendant will correct

me. Is that right, Defendant?

KEITEL: I described this Standgericht (summary court-martial procedure)

briefly yesterday, and the criterion of a summary court-martial was that

it was not always necessary for a fully trained legal expert to be

present, although it was desirable.

THE PRESIDENT: While you are on the subject of translation, the

Defendant seemed to suggest that there was no word in the German which

is translated by the English word “naturally.” Is that true?

SIR DAVID MAXWELL-FYFE: I had it checked and I am told that the

translation is right.

THE PRESIDENT: There is a German word which is translated by

“naturally”? I should like to know that from Dr. Nelte.

DR. NELTE: I am told that a false conception or false judgment might be

produced in this connection since in British and American law a summary

court has no right to pass sentences of death. I am told that a summary

court...

THE PRESIDENT: Excuse me, Dr. Nelte, I did not ask that question. The

question I asked you was whether there was any German word which is

translated into English by the word “naturally.” Is that not a clear

question?

DR. NELTE: In the German text it says “under such circumstances, of

course.” I think the English translation is incorrect in using the word

“naturally” and in putting it after “in these circumstances” instead of

at the beginning, so that one is led to conclude that it means, “there

are naturally no objections (es gibt natürlich keine Einwendungen),”

whereas the German text says, “Against the passing and executing of

death sentences by summary court procedure there are—under such

circumstances, of course—no objections (Gegen die Verhängung und

Vollstreckung von Todesurteilen im standgerichtlichen Verfahren bestehen

unter solchen Verhältnissen selbstverständlich keine Bedenken).”

THE PRESIDENT: Then the answer to my question is “yes.” There is a word

in the German which is translated “naturally.”

DR. NELTE: Yes, but the words “naturally” and “under such circumstances”

are separated in the English version, while in the German version they

belong together. “Naturally” refers to “under such circumstances.”

SIR DAVID MAXWELL-FYFE: Now I want to come to another point. You told us

yesterday that with regard to forced labor you were concerned in it

because there was a shortage of manpower and you had to take men out of

industry for the Wehrmacht. Your office was concerned with using

military forces in order to try and round-up people for forced labor,

was it not?

KEITEL: I do not think that is quite the correct conception. The

Replacement Office in the High Command of the Wehrmacht...

SIR DAVID MAXWELL-FYFE: If you are going to deny it, I put the document

to you. I put General Warlimont’s views to you and see if you agree. I

think it saves time in the end. If you look at Document 3819-PS, which

will be Exhibit GB-306, Page 9 of the English version. It is the report

of a meeting at Berlin on 12 July 1944. You have to look on through the

document after the letters from the Defendant Sauckel and the Defendant

Speer, the account of a meeting in Berlin. I think it is Page 10 of the

German version. It starts with a speech by Dr. Lammers and goes on with

a speech from the Defendant Sauckel, then a speech from the witness Von

Steengracht, then a speech from General Warlimont: “The Deputy of the

head of the OKW, General Warlimont, referred to a recently issued Führer

order.” Have you found the portion? I will read it if you have.

KEITEL: Yes, I have found the paragraph “The Representative of the Chief

of the OKW...”

SIR DAVID MAXWELL-FYFE: “The Representative of the Chief of the

OKW, General Warlimont, referred to a recently issued Führer

order, according to which all German forces had to participate

in the task of raising manpower. Wherever the Wehrmacht was

stationed, if it was not employed exclusively in pressing

military duties (as, for example, in the construction of coastal

defenses), it would be available, but it could not be assigned

expressly for the purpose of the GBA. General Warlimont made the

following practical suggestions:

“a) The troops employed in fighting the partisans are to take

over, in addition, the task of raising manpower in the partisan

areas. Everyone who cannot give a satisfactory reason for his

presence in these areas is to be recruited by force.

“b) When large cities are wholly or partly evacuated on account

of the difficulty of providing food, those members of the

population suitable for labor are to be utilized for labor with

the assistance of the Wehrmacht.

“c) The refugees from the areas near the front should be rounded

up with special vigor with the assistance of the Wehrmacht.”

After reading this report of General Warlimont’s words, do you still say

that the Wehrmacht...

KEITEL: I am not aware that the Armed Forces have ever received an order

mentioning the rounding-up of workers. I would like to say that I know

of no such demand and I have not found any confirmation of it. The

conference as such is unknown to me and so are the proposals you

mentioned. It is new as far as I am concerned.

SIR DAVID MAXWELL-FYFE: It is quite clear that General Warlimont is

suggesting that the Wehrmacht should help in the rounding-up of forced

labor, isn’t it?

KEITEL: But as far as I know it has never happened. I do not know that

such an order was given. According to the record, this is a proposal

made by General Warlimont, yes.

THE PRESIDENT: Sir David, perhaps in those circumstances you should read

the three lines after the passage you have read.

SIR DAVID MAXWELL-FYFE: My Lord, I should. The next line:

“Gauleiter Sauckel accepted these suggestions with thanks and

expressed the expectation that a certain amount of success could

be achieved by this means.”

KEITEL: May I say something about that? May I ask that Gauleiter Sauckel

be asked at a given time whether and to what extent troops of the Armed

Forces did actually participate in such matters. It is not known to me.

SIR DAVID MAXWELL-FYFE: No doubt the Defendant Sauckel will be asked a

number of questions in due time. At the moment I am asking you. You say

that you do not know anything about it?

KEITEL: No, I do not recollect that any order was given in this

connection. I gather from the statement by Warlimont that discussions

took place.

SIR DAVID MAXWELL-FYFE: Now I want to ask you a few questions about the

murder of various prisoners of war. I want to get it quite clear. Did

you mean yesterday to justify the order for the shooting of Commandos,

dated 18 October 1942? Did you wish to say that it was right and

justified, or not?

KEITEL: I stated yesterday that neither General Jodl nor I thought that

we were in a position, or considered it possible, to draft or submit

such a written order. We did not do it because we could not justify it

or give reasons for it.

SIR DAVID MAXWELL-FYFE: The next question that I put to you is this: Did

you approve and think right the order that was made that Commandos

should be shot?

KEITEL: I no longer opposed it, firstly on account of the punishment

threatened, and secondly because I could no longer alter the order

without personal orders from Hitler.

SIR DAVID MAXWELL-FYFE: Did you think that that order was right?

KEITEL: According to my inner convictions I did not consider it right,

but after it had been given I did not oppose it or take a stand against

it in any way.

SIR DAVID MAXWELL-FYFE: You know that your orders had contained

provisions for the use of parachutists being dropped for sabotage

purposes, don’t you? Your own orders have contained that provision of

parachutists being dropped for sabotage purposes. Don’t you remember in

the Fall Grün against Czechoslovakia? I would put it to you if you like,

but I would so much prefer that you try to remember it yourself. Don’t

you remember that your own orders contained a provision for parachutists

being dropped for sabotage purposes in Czechoslovakia?

KEITEL: No.

SIR DAVID MAXWELL-FYFE: You don’t?

KEITEL: No, I do not remember the order.

SIR DAVID MAXWELL-FYFE: I refer you to it. My Lord, it is Page 21 and 22

of the document book.

KEITEL: Which document book, please?

SIR DAVID MAXWELL-FYFE: Yes. It ought to be your first document book,

and quite early on. It is part of the Fall Grün, which is Document

388-PS, and it is Item 11. I think it is somewhere about Page 15 or 16

or 20. You remember the Schmundt minutes and then it is divided into

items.

The Tribunal will find it at the foot of Page 21:

[_Turning to the defendant._]

“For the success of this operation, co-operation with the

Sudeten German frontier population, with deserters from the

Czechoslovakian Army, with parachutists or airborne troops, and

with units of the sabotage service will be of importance.”

KEITEL: May I read the paragraph that I think you mean?

SIR DAVID. MAXWELL-FYFE: Yes; it is headed “Missions for the Branches of

the Armed Forces...”

KEITEL: “Missions for the Branches of the Armed Forces.” It states:

“For success, co-operation with the Sudeten German frontier

population and the deserters from the Czechoslovakian Army, with

parachutists or airborne troops and with units of the sabotage

service can be of importance.”

These parachutists and airborne troops were in fact to be set to work on

frontier fortifications, as I explained yesterday, since army

authorities believed that the artillery resources at our command were

insufficient to permit our combating them with artillery.

This does not mean parachutists or saboteurs, but actual members of the

German Air Force, and the sabotage service is mentioned at the end.

SIR DAVID MAXWELL-FYFE: The sabotage service must be people who are

going to do sabotage if they are going to be of any use, must they not?

They do sabotage, don’t they?

KEITEL: Undoubtedly; but not by means of airborne troops and

parachutists, but through saboteurs in the frontier areas who offer

their services for this kind of work. Yes, that is what they are

thinking of. We had many such people in the Sudeten region.

SIR DAVID MAXWELL-FYFE: I am not going to argue with you, but I want to

have it clear. I now want to come to the way in which this order of the

Führer was announced. You will find the order—the Tribunal will find it

on Page 64—but what I want him to look at if he would be so kind, is

Page 66 of the book, Page 25, Defendant, of your book. The second

sentence of the Defendant Jodl’s “To the Commanders” about this order.

That is on Page 25, and Defendant Jodl says: “This order is for the

commanders only and must not under any circumstances fall into enemy

hands.” Was that because you and the Defendant Jodl were ashamed of the

order, that you had this secrecy provision put on it?

KEITEL: I have not found it yet, and I would like to know the

connection. Page 25 is a teletype letter.

SIR DAVID MAXWELL-FYFE: From the Oberkommando Wehrmacht, dated 19

October. Now have you got it, the second sentence?

KEITEL: Dated 18 October 1942?

SIR DAVID MAXWELL-FYFE: 19 October, issuing order of the 18th. “This

order is for commanders only and must not under any circumstances fall

into enemy hands.” Was that because you were ashamed of the order, that

it was put like that?

KEITEL: I have not seen the letter and I think General Jodl should be

asked about it. I do not know the contents, but I have already stated

the opinion of both of us. I cannot give you the reason.

SIR DAVID MAXWELL-FYFE: You can’t give me the reason for this secrecy?

KEITEL: I do not know the motives behind it and I would ask you to put

this question to General Jodl. I have not seen it. But I have already

stated my own views and those of General Jodl.

SIR DAVID MAXWELL-FYFE: Well, now, I want you to look at the way that

even Hitler expresses it with regard to this. If you look—I guess it is

Page 31 in our book. It is a report from Hitler wherein he says:

“The report which should appear on this subject in the Armed

Forces communiqué will state briefly and laconically that a

sabotage, terror, or destruction unit has been encountered and

exterminated to the last man.” (Document Number 503-PS)

You were doing your best—and when I say “you,” I mean you collectively,

Hitler, yourself, and Jodl and everyone else concerned. You were doing

your best to keep quiet about this, about anything being known about

this order, weren’t you?

KEITEL: That was not my impression; on the contrary, in every case we

subsequently published the facts in the Wehrmacht orders, the Wehrmacht

report. It is my recollection, namely, that in the Wehrmacht report we

stated that such and such an incident had occurred, followed by such and

such consequences. That is my recollection.

SIR DAVID MAXWELL-FYFE: I am now only going to ask you to look at one

document further on, because in that regard, you remember, after the

Soviet Union tried certain people at Kharkov, when you were trying to

get up some counterpropaganda—now, look at this document, about these

executions, it is Page 308, Document UK-57. You have got a copy of it. I

am going to ask you about only two incidents. You see it is a memorandum

and the passage that I want you to look at is Number 2, the fourth

memorandum, Paragraph 2, which is headed “Attempted Attacks on the

Battleship _Tirpitz_.” Do you see that?

KEITEL: Just one moment, I have not found it yet. Battleship _Tirpitz_,

oh, yes.

SIR DAVID MAXWELL-FYFE: Have you got it? Just listen, now:

“At the end of October 1942 a British Commando that had come to

Norway in a cutter, had orders to carry out an attack on the

Battleship _Tirpitz_ in Drontheim Fjord, by means of a two-man

torpedo. The action failed since both torpedoes, which were

attached to the cutter, were lost in the stormy sea. From among

the crew, consisting of six Englishmen and four Norwegians, a

party of three Englishmen and two Norwegians were challenged on

the Swedish border; however, only the British seaman in civilian

clothes, Robert Paul Evans, born 14 January 1922, in London,

could be arrested and the others escaped into Sweden.

“Evans had a pistol pouch in his possession, such as are used to

carry weapons under the armpit, and also a knuckle duster.”

And now the next page:

“Violence representing a breach of international law could not

be proved.”

Did incidents such as that, under this order, come to your attention?

KEITEL: I do not remember the actual incident, but I can see that it has

been reported by the department.

SIR DAVID MAXWELL-FYFE: Well, now you have told us that you have been a

soldier for 41 years; that emphasizes your military position. What, in

the name of all military tradition, has that boy done wrong by coming

from a two-man torpedo to make an attack on a battleship; what had he

done wrong?

KEITEL: No, this is an attack against a weapon of war, if carried out by

soldiers in their capacity of members of the armed forces, it is an

attack made with the object of eliminating a battleship by means of

sabotage.

SIR DAVID MAXWELL-FYFE: But why, why should you not if you were prepared

to go on a two-man torpedo for an attack against a battleship, what is

wrong with a sailor doing that? I want to understand what is in your

mind. What do you, as a man who has been a soldier for 40 years, what do

you see wrong for a man doing that, towing out a torpedo against a

battleship? Tell us. I cannot understand what is wrong.

KEITEL: This is no more wrong than an attack with an aerial bomb if it

is successful. I recognize that it is right, that it is a perfectly

permissible attack.

SIR DAVID MAXWELL-FYFE: Well now, if you did not see that incident I

will not go through putting the others in, as they are all just the

same, men in uniform coming up to the Gironde to attack German ships.

What I want to understand is this. You were a Field Marshal, standing in

the boots of Blücher, Gneisenau, and Moltke. How did you tolerate all

these young men being murdered, one after the other without making any

protests?

KEITEL: I have stated here in detail my reasons for not making any

further resistance or objection; and I cannot alter any statement now. I

know that these incidents occurred and I know the consequences.

SIR DAVID MAXWELL-FYFE: But, Field Marshal, I want you to understand

this. As far as I know, in the German military code, as in every

military code, there is no obligation on the part of a soldier to obey

an order which he knows is wrong, which he knows is contrary to the laws

of war and law. It is the same in your army, and our army, and I think

in every army, isn’t that so?

KEITEL: I did not personally carry out the orders of 18 October 1942. I

was not present either at the mouth of the Gironde or at the attack on

the battleship _Tirpitz_. I knew only that the order was issued,

together with all the threats of punishment which made it so difficult

for the commanders to alter or deviate from the order on their own

initiative. You, Sir David, asked me yourself whether I considered this

order to be right or to serve any useful purpose and I have given you a

definite answer: that I could not have prevented the action taken at the

mouth of the Gironde or in the case of _Tirpitz_ if I had wanted to.

SIR DAVID MAXWELL-FYFE: You see my difficulty. I have given you only two

cases; there are plenty more. There are others which occurred in Italy

which we have heard. The point I am putting to you is this: You were the

representative; that you have told us a hundred times, of the military

tradition. You had behind you an officers corps with all its...

KEITEL: No, Sir David, I must deny that. I was not responsible either

for the Navy or for the Army or for the Air Force. I was not a

commander; I was a Chief of Staff and I had no authority to intervene in

the execution of orders in the various branches of the Armed Forces,

each of which had its own Commander-in-Chief.

SIR DAVID MAXWELL-FYFE: We have heard about your staff rank, but I want

to make this point perfectly clear. You were a Field Marshal, Kesselring

was a Field Marshal, Milch was a Field Marshal, all, I gather, with

military training behind them and all having their influence if not

their command, among the Armed Forces of Germany. How was it that there

was not one man of your rank, of your military tradition, with the

courage to stand up and oppose cold-blooded murder? That is what I want

to know.

KEITEL: I did not do it; I made no further objection to these things. I

can say no more and I cannot speak for others.

SIR DAVID MAXWELL-FYFE: Now, let us pass if you can say no more than

that. I want to see what you did with regard to our French allies

because I have been asked to deal with some matters for the French

Delegation.

You remember that on the Eastern Front you captured some Frenchmen who

were fighting with the Russians. Do you remember making an order about

that? You captured some De Gaullists, as you called them, that is Free

French people who were fighting for the Russians. Do you remember your

action with regard to that?

KEITEL: I recollect the transmission of a Führer order in regard to the

surrender of these Frenchmen to their lawful government, which was

recognized by us.

SIR DAVID MAXWELL-FYFE: That is not, of course, the part of the order I

want to put to you.

“Detailed investigations are to be made in appropriate cases

with regard to relatives of Frenchmen fighting for the Russians.

If the investigation reveals that relatives have given

assistance to facilitate escape from France, then severe

measures are to be taken.

“OKW/Wi. Rü is to make the necessary preparations with the

respective military commander or the Higher SS and Police Leader

in France.—Signed—Keitel.”

Can you imagine anything more dreadful than taking severe measures

against the mother of a young man who has helped him to go and fight

with the allies of his country? Can you imagine anything more

despicable?

KEITEL: I can think of many things since I have lost sons of my own in

the war. I am not the inventor of this idea; it did not originate with

me; I only transmitted it.

SIR DAVID MAXWELL-FYFE: You appreciate the difference, Defendant,

between the point which you made and the point which I make. Losing sons

in a war is a terrible tragedy. Taking severe measures against a mother

of a boy who wants to go and fight for his country’s allies, I am

suggesting to you, is despicable. The one is a tragedy; the other is the

height of brutality. Do you not agree?

KEITEL: I can only say that it does not state the consequences of the

investigations and findings. I do not know.

SIR DAVID MAXWELL-FYFE: Well, if that is all the answer you can make I

will ask you to look at something else.

KEITEL: No, I should like to add that I regret that any families were

held responsible for the misdeeds of their sons.

SIR DAVID MAXWELL-FYFE: Well, I will not waste the time by taking up the

word “misdeed.” If you think that is a misdeed it is not worth our

discussing it further. I just want to protest against your word.

Now, let us see; that was not an isolated case. Just look at Page 110

(a) of the document book which you have, Page 122. This is an order

quite early on 1 October 1941.

“Attacks committed on members of the Armed Forces lately in the

occupied territories give reason to point out that it is

advisable that military commanders always have at their disposal

a number of hostages of different political tendencies, namely:

“(1) Nationalists,

“(2) Democratic-bourgeois, and

“(3) Communists.

“It is important that these should include well-known leading

personalities, or members of their families whose names are to

be made public.

“Hostages belonging to the same group as the culprit are to be

shot in case of attacks.

“It is asked that commanders be instructed

accordingly.—Signed—Keitel.” (Document 1590-PS).

Why were you so particular that, if you happened to arrest a

democratic-bourgeois, your commanders should have a sufficient bag of

democratic-bourgeois to shoot as hostages? I thought you were not a

politician.

KEITEL: I was not at all particular and the idea did not originate with

me; but it is in accordance with the instructions, the official

regulations, regarding hostages which I discussed yesterday or on the

day before and which state that those held as hostages must come from

the circles responsible for the attacks. That is the explanation, or

confirmation, of that as far as my memory goes.

SIR DAVID MAXWELL-FYFE: Did you agree with that as a course of action,

that if you found a member of a democratic-bourgeois family who had been

taking part in, say, sabotage or resistance, that you should shoot a

number of democratic-bourgeois on his behalf? Did you approve of that?

KEITEL: I have already explained how orders for shooting hostages, which

were also given, were to be applied and how they were to be carried out

in the case of those deserving of death and who had already been

sentenced.

SIR DAVID MAXWELL-FYFE: I am asking you a perfectly simple question,

Defendant. Did you or did you not approve of a number of

democratic-bourgeois to be taken as hostages for one

democratic-bourgeois who happened to be...

KEITEL: It does not say so in the document; it says only that hostages

must be taken; but it says nothing about shooting them.

SIR DAVID MAXWELL-FYFE: Would you mind looking at it since you corrected

me so emphatically? Depending upon the membership of the culprit, that

is, whether he is a nationalist, or a democratic-bourgeois or Communist,

“hostages of the corresponding group are to be shot in case of attacks.”

KEITEL: If that is in the document then I must have signed it that way.

The document referring to the conference with the commanders shows

clearly how it was carried out in practice.

SIR DAVID MAXWELL-FYFE: Now answer my question. Did you approve of that?

KEITEL: I personally had different views on the hostage system, but I

signed it, because I had been ordered to do so.

SIR DAVID MAXWELL-FYFE: You say you had a different view. Will you just

look at a letter from Herr Terboven, who was in charge in Norway,

Document 870-PS, and it is Page 85, 71 (a), RF-281. This is a report

from Terboven for the information of the Führer and I want you to look

at Paragraph 2, “Counter-measures”, Subparagraph 4. Do you see it? Have

you got it, Defendant? I am sorry, I did give you the number; probably

you did not hear it, 71 (a), Page 71 (a) of the document book. So sorry

I did not make it clear. My Lord, I am told that this has been put in by

the French Prosecution as Exhibit RF-281. I gave it a GB number, as I

recall.

THE PRESIDENT: What number is it?

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 10 · 第 53 / 56 题