Part I for the moment—the document books which have been handed to the

[Cover Illustration]

TRIAL

OF

THE MAJOR WAR CRIMINALS

BEFORE

THE INTERNATIONAL

MILITARY TRIBUNAL

N U R E M B E R G

14 NOVEMBER 1945-1 OCTOBER 1946

[Illustration]

P U B L I S H E D A T N U R E M B E R G , G E R M A N Y

1 9 4 7

This volume is published in accordance with the

direction of the International Military Tribunal by

the Secretariat of the Tribunal, under the jurisdiction

of the Allied Control Authority for Germany.

VOLUME III

O F F I C I A L T E X T

I N T H E

ENGLISH LANGUAGE

P R O C E E D I N G S

1 December 1945 — 14 December 1945

CONTENTS

Tenth Day, Saturday, 1 December 1945,

Morning Session 1

Eleventh Day, Monday, 3 December 1945,

Morning Session 35

Afternoon Session 64

Twelfth Day, Tuesday, 4 December 1945,

Morning Session 91

Afternoon Session 120

Thirteenth Day, Wednesday, 5 December 1945,

Morning Session 152

Afternoon Session 178

Fourteenth Day, Thursday, 6 December 1945,

Morning Session 209

Afternoon Session 241

Fifteenth Day, Friday, 7 December 1945,

Morning Session 272

Afternoon Session 303

Sixteenth Day, Monday, 10 December 1945,

Morning Session 335

Afternoon Session 367

Seventeenth Day, Tuesday, 11 December 1945,

Morning Session 400

Afternoon Session 402

Eighteenth Day, Wednesday, 12 December 1945,

Morning Session 415

Afternoon Session 447

Nineteenth Day, Thursday, 13 December 1945,

Morning Session 477

Afternoon Session 512

Twentieth Day, Friday, 14 December 1945,

Morning Session 542

Afternoon Session 571

TENTH DAY

Saturday, 1 December 1945

_Morning Session_

THE PRESIDENT (Lord Justice Sir Geoffrey Lawrence): I will begin the

session by reading the judgment of the Tribunal upon the application

made by counsel for the Defendant Hess.

The Tribunal has given careful consideration to the motion of counsel

for the defense of the Defendant Hess, and it had the advantage of

hearing full argument upon it both from the Defense and the Prosecution.

The Tribunal has also considered the very full medical reports, which

have been made on the condition of the Defendant Hess, and has come to

the conclusion that no grounds whatever exist for a further examination

to be ordered.

After hearing the statement of the Defendant Hess in Court yesterday,

and in view of all the evidence, the Tribunal is of the opinion that the

Defendant Hess is capable of standing his trial at the present time, and

the motion of the Counsel for the Defense is, therefore, denied, and the

Trial will proceed.

Now the witness under examination should come back to the witness box.

[_Erwin Lahousen resumed the stand._]

MR. G. D. ROBERTS (Leading Counsel for the United Kingdom): May it

please the Tribunal, Sir David Maxwell-Fyfe yesterday said he had no

questions to ask this witness. He has now requested me very shortly to

cross-examine this witness on one incident mentioned in the Indictment,

namely, the murder of 50 R.A.F. officers who escaped from Stalag Luft 3

in March of 1944.

THE PRESIDENT: You said to “cross-examine”?

MR. ROBERTS: I realize that this is a matter which falls in the part of

the Indictment which is being dealt with by the prosecutors for the

U.S.S.R. My Lord, I have mentioned that matter to General Rudenko, who

with his usual courtesy and kindness, has said that he has no objection

to my asking some questions on that matter.

THE PRESIDENT: Very well, Mr. Roberts.

MR. ROBERTS: Much obliged.

[_Turning to the witness._] Might I ask you this? Do you know anything

of the circumstances of the death of 50 R.A.F. officers in March 1944,

who had escaped from Stalag Luft 3 at Sagan and were recaptured?

ERWIN LAHOUSEN (Witness): No, I have nothing to say because at that time

I was on the Eastern front, as commander of my regiment, and no longer

had any contact with my former duties.

MR. ROBERTS: Did you hear of the matter from any of your fellow

officers?

LAHOUSEN: No, I heard nothing about it whatsoever.

MR. ROBERTS: You can’t assist the Court at all with the matter?

LAHOUSEN: No, not at all.

DR. EGON KUBUSCHOK (Counsel for Defendant Von Papen): Witness, you

stated yesterday that you were the intimate friend and collaborator of

Admiral Canaris. Since I can no longer address my question directly to

Admiral Canaris, I ask you to answer the following questions for me: Did

Admiral Canaris know of Defendant Von Papen’s attitude toward Hitler’s

war policies, and how did Admiral Canaris express himself to you on this

point?

LAHOUSEN: First, I should like to make a slight correction on the

question addressed to me. I never asserted that I was the intimate

friend of Canaris. Pieckenbrock was a friend of Canaris, whereas I was

merely one of his confidants. From this relationship, however, I recall

that Von Papen’s and Canaris’ attitude toward the matter which the

Counsel has just brought up, was a negative one.

DR. KUBUSCHOK: Was this negative attitude only toward the war policy, or

was it also toward all the violent methods used in the execution of such

a policy?

LAHOUSEN: According to my recollection I have to answer this question in

the affirmative, judging from a conversation between Admiral Canaris and

Von Papen, during the visit of the latter in Berlin at which I was

present.

DR. KUBUSCHOK: Did you know that Von Papen told Canaris that there could

be no resistance against Hitler’s aggressive policies from political

quarters, but that such resistance would have to be sought among the

ranks of the military?

LAHOUSEN: In this connection, that is to say, in the direct connection

as it is now being presented, I personally cannot say anything. In other

words, I personally was not an ear witness at any conversation between

Canaris and Von Papen during which this matter was brought up, and I

cannot recall today whether Canaris ever told me anything regarding such

conversations with Von Papen. It is quite possible, however, but I

cannot recall it and consequently my oath as witness does not permit me

to make any statement other than the one I have made.

DR. KUBUSCHOK: Witness, do you conclude from this that Canaris believed

that Von Papen purposely continued to hold an exposed political office

in order to exercise a mitigating influence?

LAHOUSEN: I believe so, though I have no tangible proof from any of his

statements. But that is my impression, from what I still recollect

today.

DR. OTTO NELTE (Counsel for Defendant Keitel): My client has requested

me to ask you the following questions: How long have you known Canaris

and Pieckenbrock?

LAHOUSEN: I have known Canaris and Pieckenbrock since 1937 through my

previous activity in the Austrian Intelligence Department.

DR. NELTE: At that time were there any relations of a military nature

between yourself and the Abwehr, which was being run by Admiral Canaris?

LAHOUSEN: Not only did such connections exist with the Austrian

intelligence, but the Austrian Federal Army and the German Wehrmacht

maintained it that time an absolutely legal and purely military exchange

of information—legal in the sense that this exchange and collaboration

of military intelligence was carried on with the knowledge of the

Austrian authorities. To state it clearly, this was a purely military

collaboration for exchanging intelligence on countries bordering upon

Austria.

DR. NELTE: May I ask if this contact between you and Canaris was also of

a personal nature, in other words I want to determine how the Austrian

Army felt about the question of the Anschluss?

LAHOUSEN: This and similar questions, that is to say, all questions of a

political nature, particularly the question of the Anschluss or the very

intense illegal Nazi activities, at that time, had to be and were

completely ignored. It was generally agreed between Count Marogna, the

official liaison man—he also was executed after the 20th of July—and

Canaris and Generaloberst Beck that this line should be taken.

DR. NELTE: Do I understand you wish to imply that this personal contact

did not mean that the Austrian General Staff officers gave information

on everything regarding their attitude to the idea of the Anschluss, or

that they were willing or able to give this information?

LAHOUSEN: This personal contact started on the day when I saw Canaris

for the first time, while I was still an Austrian officer. It was in the

offices of the Federal Ministry of Defense, where Canaris was with the

Chief of the Austrian General Staff.

THE PRESIDENT: Would you please repeat the question?

DR. NELTE: I asked the witness to what extent a personal contact existed

between the officers of the German General Staff or the Abwehr and the

officers of the Intelligence Section or the Austrian General Staff for

the purpose of determining the feelings about the Anschluss.

LAHOUSEN: First of all, there was no such personal contact in the sense

that the word is used here. The contact which actually did take

place—and there are witnesses in this room who can confirm this

statement: Von Papen must be informed thoroughly of this—took place on

a single day, during which I never spoke with Canaris alone, but always

in the presence of my superior officers. In any case, no questions

relating to the Anschluss and no political questions on Austrian

internal problems were discussed there. Naturally I myself did not raise

any, and Canaris expressly refrained from doing so.

DR. NELTE: What was your job in the Abwehr Office II?

LAHOUSEN: In the Abwehr Section II, which I took over at the beginning

of 1939—I described it yesterday, and I am willing to repeat it, if you

wish—this particular job had no special name. Actually my task was to

carry out various undertakings and actions, which I can define very

precisely: Nuisance activity, acts of sabotage, or prevention of

sabotage and nuisance activity, or in general those types of activities

that are carried out by Kommandos. All these activities were carried out

in agreement with, and conformed to, the military demands of the Armed

Forces Operations Staff or the General Staff.

DR. NELTE: Who generally gave you your orders regarding co-ordinating

these activities with the military activities?

LAHOUSEN: My immediate chief, Canaris, usually gave me orders concerning

the whole of my activity.

DR. NELTE: I was referring to the office, whether they came from the OKH

or the OKW?

LAHOUSEN: They did not come from the OKW as a rule. Usually they came by

way of the OKW represented by the Chief of the OKW, Keitel, or the chief

of the Wehrmacht Operations Staff; and when the General Staff or the Air

Force Operations Staff were interested in any undertaking, the orders,

as far as I can remember, were also transmitted by way of the Armed

Forces Operations Staff, and the representatives of the three Armed

Forces, that is, the Army, Air Force, and Navy, appointed to it. All

these orders came through the same channels to the Canaris Foreign

Intelligence Department (Ausland Abwehr) which transmitted those

concerning my activities to me for necessary action.

DR. NELTE: Are you now describing the official channels through which

you received the orders? Were the orders issued by the Army or the Armed

Forces Operations Staff? Or did the Army give the orders for

transmission by way of the High Command of the Armed Forces?

LAHOUSEN: Actually, speaking of myself, in questions of this kind,

regarding matters which concerned my department, I had dealings only

with my immediate superior, Canaris; and the superior of Canaris at that

time was the OKW under Keitel, and he was in touch with the gentlemen of

the Armed Forces Operational Staff, and now and then with the members of

the General Staff of the Army. I could mention specific cases from

memory. But in general the procedure was such as I described it.

DR. NELTE: Is it true that Keitel, as the Chief of the OKW, at first

every year, and then from 1943 on, at regular and shorter intervals,

spoke to the office and department chiefs of the OKW; and on such

occasions made a point of telling them that anyone who believed that

something was being asked of him which his conscience would not allow

him to carry out should tell him, Keitel, about it personally?

LAHOUSEN: It is true that the Chief of the OKW did several times address

the circle just mentioned. I cannot recall any exact words of his which

could be interpreted in such a way as to mean that one could take the

risk, in cases about which I testified yesterday, of speaking with him

so openly and frankly as myself and others, that is, witnesses still

alive, could speak to Canaris at any time. I definitely did not have

that impression, whatever the meaning might have been which was given to

his words at that time.

DR. NELTE: Do I understand you correctly to mean that in principle you

do not wish to challenge the fact that Keitel actually said these words?

LAHOUSEN: I can neither challenge it, nor can I add anything to it,

because I have no exact recollection of it. I do recall that these

addresses or conferences took place, and it is quite possible that the

Chief of the OKW at that time might have used those words. I can only

add what I have already said.

DR. NELTE: Is it true that on several occasions, you, in the company of

Admiral Canaris, as well as alone, had audience with the Chief of the

OKW, in order to discuss with him plans or undertakings of a delicate

nature, which were in the purview of your official duties?

LAHOUSEN: Yes, I said a great deal about that yesterday; and I do not

feel I have the right to talk about such things unless I was there

personally.

DR. NELTE: I had the impression yesterday that in many respects you were

acting as a mouthpiece for Admiral Canaris, who used you as a mentor for

the entries in his diary. Was that your testimony?

LAHOUSEN: The impression is completely fallacious. I am not a

mouthpiece, and am now, as I was then, completely independent inwardly

in what I say. I have never allowed myself, nor shall I ever allow

myself, to become the mouthpiece for any conception, or to make any

statements that are contrary to my inner convictions and to my

conscience.

DR. NELTE: You misunderstood me if you believe that I used the word

“mouthpiece” derogatorily. I simply wanted to bring out the fact that

yesterday you made frequent references to the remarks in Canaris’ diary,

that is to the remarks of Canaris quoted by you.

LAHOUSEN: Yes, I did so in those cases where the matter discussed

affected Canaris. He himself cannot testify, since he is dead. Just

because I know a great deal about this, and because my information is

exact, I felt it my duty to say what I know.

DR. NELTE: Did Keitel ever ask questions or order any inquiries to be

made about the political views of the officers in the Intelligence

Department? Did he ever ask whether there were any National Socialists

in the departments of the intelligence service?

LAHOUSEN: At the afore-mentioned periodical meetings he asked this

question and others of this nature in an unmistakable way, and he left

no doubt that in an office such as the OKW he could not tolerate any

officers who did not believe in the idea of final victory, or who did

not give proof of unswerving loyalty to the Führer and much more

besides.

DR. NELTE: Could these statements be taken to mean that he demanded

obedience in the military sense, or do you think he was speaking from a

political point of view?

LAHOUSEN: Of course, he was speaking from a military point of view, but

no less clearly from the political aspect, for it was not admissible to

make any distinction between the two. The Wehrmacht was to form a single

whole—the National Socialistic Wehrmacht. Here he touched upon the root

problem.

DR. NELTE: You believe, therefore, that the basic attitude was really

the military one, also in the OKW?

LAHOUSEN: The basic attitude was, or should have been, National

Socialistic, and not military. In other words, first and foremost

National Socialistic, and everything else afterwards.

DR. NELTE: You said “should have been.”

LAHOUSEN: Yes, because it actually was not the case.

DR. NELTE: Quite so. You mean, therefore, that in the first place it was

military and not National Socialistic.

LAHOUSEN: It should have been a purely military one, according to our

conception, but according to the point of view put forward by the Chief

of the OKW at that time—whether he received an order in this sense I am

not in a position to say, as I was not there—the basic attitude should

be one of absolute obedience in a National Socialistic sense.

DR. NELTE: Do you know anything about the attitude of the generals to

this problem?

LAHOUSEN: Of course, I do, because immediately after such conferences,

as have been mentioned here, a lively exchange of opinions took place on

this subject and a large number of those who were present—I could name

them and some of them are present—resented that fact that the words

addressed to them had this strong political flavor, and were couched in

this “higher level language” (Sprachregelung von oben) as we used to

call it, and contained so little that was relevant and purely military,

let alone anything else.

DR. NELTE: Yesterday, when discussing the meeting that took place in the

Führer’s train, on the 12th September of 1939, you said, regarding the

communication of the Chief of the OKW to you, that the Defendant Keitel

addressed himself to you, or rather to the gentlemen present; and said

that these measures had been determined between the Führer and Göring.

He, Keitel, had no influence on them. The Führer and Göring telephoned

frequently to one another. Sometimes he knew something about it;

sometimes he knew nothing. Is that what you said?

LAHOUSEN: That is correct. I made a record of everything that was said

in my presence; and I repeated it here because it is true.

DR. NELTE: May I ask whether the remark, “Sometimes I find out something

about it, sometimes I do not,” relates to a concrete, specific case, or

was that a general rule?

LAHOUSEN: That was to be understood as a general statement, to the best

of my recollection.

DR. NELTE: At this conference in the Führer’s train on the 12th of

September 1939, did you first of all speak about the transmission of the

political aims which, according to you, came from Ribbentrop. Did I

understand you correctly?

LAHOUSEN: That is correct.

DR. NELTE: And you said that the Defendant Keitel transmitted these aims

to those who were present. Now, what I am not clear about is whether

this referred to the order regarding the bombardment of Warsaw from the

air. Did I understand rightly?

LAHOUSEN: Yes, as regards the air bombardment of Warsaw, to the best of

my recollection and from what is recorded in the notes, I can only say

in this connection, the same as when the question of shootings in Poland

came up, that Canaris took the initiative by provoking a discussion on

this subject—I no longer remember how he did this—and then pointing

out the terrible political repercussions that this would have,

especially abroad.

DR. NELTE: The Defendant Keitel is anxious that I should put the

question to you, whether, when this order for the bombing of Warsaw was

made known he did not stress the fact that this was to be put into

effect only if the fortress of Warsaw did not surrender after the demand

made by the bearer of the flag of truce, and even then only after an

opportunity to evacuate the city had been given to the civilian

population and the diplomats.

LAHOUSEN: I cannot recall the precise words he used but according to my

knowledge of the situation at that time it is quite possible, indeed

probable, that the Chief of the OKW, Keitel, did make this remark.

DR. NELTE: Do you know that the Commander-in-Chief of the army at that

time, Von Brauchitsch, and the Chief of the OKW, Keitel, before the

Polish War began, categorically objected to the use of Gestapo and SD

Kommandos, maintaining that these were unbearable in the Wehrmacht, and

in this connection asked for Hitler’s concurrence and received it?

LAHOUSEN: No, I did not know that, and could not have known it because

of my subordinate position at that time. Please do not overrate the

importance of my position at that time.

DR. NELTE: As we are also concerned here with taking cognizance of a

document, which, I take it, was transmitted to all departments and

sections of the OKW, I thought you might remember. They were the

so-called directives, were they not? And these directives, mentioned in

connection with the campaign against Poland, in contrast to what

happened later . . .

THE PRESIDENT: I think you were going a little bit too fast.

DR. NELTE: I said that in connection with these military actions, the

decrees and directives were always transmitted to the various offices of

the OKW in the form of carbon copies—I mean the offices which were in

any way concerned. I thought, therefore . . .

LAHOUSEN: Yes, but these were things which did not concern my particular

department, I stress the word “particular,” I did not even see them.

DR. NELTE: As later on in the conversation you were drawn into the

discussion on these questions—it is true you did stress that you did

not know the actual wording of the orders . . .

LAHOUSEN: Orders which I did not see and read. Of course, I knew a great

many things, because I came to hear of them.

DR. NELTE: For that reason, I want to ask you whether you recall that

the Gestapo and SD had interfered behind the advance in connection with

Poland, contrary to the intentions expressed in the orders of the

military leaders?

LAHOUSEN: I cannot recall that today. I can only refer to what I heard

and what is recorded in the files on this matter, namely, the remark of

Hitler’s, which was passed down by Keitel, who was chief at that time,

and which was to the effect, that if the armed forces objected to these

measures, the armed forces as well as the high command—that is

apparently what you mean—would have to put up with it if the Gestapo

and the SS went ahead with these things. That is all I can tell you. I

know that because I was present at these discussions.

DR. NELTE: During this conversation, were you not told that General

Blaskowitz—in other words, the Army—had made a complaint about the

methods of the SS and the SD?

LAHOUSEN: Whether or not this question was brought up at this

conference, I cannot recall. I can hardly assume that it was brought up,

because otherwise this question would have been recorded in the notes of

that conference, particularly since the complaint came from General

Blaskowitz, whose attitude in such matters was quite clear and well

known. But apart from this conversation in the Führer’s train, I do

recall something about the matter just mentioned, that is, the

objections raised by Blaskowitz. I cannot say today how these objections

were made, whether in writing or by word of mouth, neither do I know the

occasion on which they were made. While I do remember the substance of

the matter, I cannot recall whether it came up for discussion at the

meeting where I was present.

DR. NELTE: What appears to me to be important in this matter, is the

fact that the Wehrmacht, the troops, really did protest, or at least

refused . . .

LAHOUSEN: That the Armed Forces did object, is, of course, quite

evident.

DR. NELTE: That is what I wanted to know. Who gave the order . . .

LAHOUSEN: One moment, please. When I say “the Armed Forces,” I mean the

masses of common soldiers, the ordinary simple men. Of course, there

were in these Armed Forces other men whom I wish to exclude. I do not

wish to be misunderstood. The concept “Armed Forces” does not include

everybody, but it does include the mass of simple men with natural

feelings.

DR. NELTE: When using the term “Wehrmacht” I only wanted to bring out

the contrast between the broad masses of the soldiers and the SS and SD,

and I think we are agreed on this.

LAHOUSEN: I think we have ample and fairly conclusive proof of this

contract in the conditions prevailing and the methods used at that time,

which in that form and scope were then for the first time shown openly

enough to become apparent to the broad masses of the Wehrmacht—quite

apart from anything I can say about it in this short, extremely short

exposition.

DR. NELTE: Who gave the order regarding the collaboration with the

Ukrainian group? You spoke yesterday . . .

LAHOUSEN: Yes, I have to go back somewhat farther. First of all I must

say that this group was composed of citizens from various countries,

that is, Hungarians, Czechs, and afterwards Polish citizens, who because

of their attitude of opposition, had emigrated or gone to Germany. I

cannot say who gave the order for the collaboration, because at the time

when these things happened—it was some time back, I remember quite

clearly it was in 1938 or even earlier—I was not even working in the

Amt Ausland Abwehr and was not in touch with the Department, which I did

not take over until the beginning of 1939. It was already on a firm

footing when I took it over.

In this connection I must add, since it was also touched upon yesterday,

that these Ukrainians, at least the majority of them, had no ties

whatsoever with Germany. I can say definitely that a large proportion of

these people with whom the Amt Ausland Abwehr had contact at that time

were in German concentration camps, and that some of these people were

fighting for their country in Soviet partisan groups. That is a fact.

DR. NELTE: Did Admiral Canaris not tell you that the Chief of the OKW,

Keitel, when informed by the SS of the demand for Polish uniforms and

military equipment, had given the clear order that the Abteilung Abwehr

should have nothing to do with this game?

LAHOUSEN: As I stated yesterday, this matter was handled very

mysteriously and secretly also in our circle. Not only myself, but the

others also, knew absolutely nothing about the game which was being

played until after it actually happened. The War Diary of the Department

makes this very clear. It records that one day, quite suddenly, like a

bolt from the blue, a demand was received, by order of Canaris, for so

and so many uniforms for an undertaking known as “Himmler”. My amazement

and my enquiry as to how Himmler came to have anything to do with an

undertaking which required Polish uniforms is also recorded in the War

Diary, not by me, but by the officer who kept this diary. In reply I was

merely told that these articles of equipment would be picked up by a

certain person on a certain day, and no further explanation was given.

And there the matter ended. Of course, when the name of Himmler was

mentioned, besides being mysterious, the thing immediately began to

appear suspicious to us. By us, I mean everybody who had to do with it

in the course of his duty, right down to the ordinary sergeant, who, of

course, had to procure these uniforms by some means or other and deliver

them to a certain Hauptsturmführer SS—the name is recorded in the War

Diary. These people had their misgivings. That was a thing which could

not be forbidden.

DR. NELTE: Yesterday you also made statements about the treatment of

prisoners of war. In what way was Abwehr II concerned with

prisoner-of-war questions?

LAHOUSEN: That is quite simple. Abwehr II was naturally very interested

in an objective way that prisoners of war should be treated as well and

as decently as possible, and the same applies to any intelligence

service in the world. That was all.

DR. NELTE: Do I understand you to mean that Abwehr II, as a department,

was not concerned with prisoner-of-war questions?

LAHOUSEN: It had absolutely nothing to do with prisoner-of-war

questions.

DR. NELTE: Yesterday you spoke about the problem of the treatment of

prisoners of war in connection with a conference that took place, if I

remember rightly, at the end of July 1941?

LAHOUSEN: Yes, at this conference I did not represent only my section,

but the whole Amt Ausland Abwehr, that is to say—for general questions

of international law and military political questions, that is, those

questions which to the greatest extent generally concerned foreign

countries, and the intelligence sections. Department III which dealt

with espionage was practically interested—because after all, the

officers affiliated with it were in the prisoner-of-war camps.

Naturally, from the point of view of my section it was important to be

informed about those matters—and that my section was only interested

within the frame of the entire problem, that people should not be killed

off, but treated decently, quite apart from any of the other

considerations which were mentioned.

DR. NELTE: You said yesterday that the prisoner-of-war camps in the

operations zone of the Eastern sector were under the OKW. Is that

correct?

LAHOUSEN: Yes, what I said about prisoner-of-war camps yesterday I knew

from the conference with Reinecke, and not from any knowledge of the

orders themselves, which I had neither seen nor read. At this conference

I was able to obtain a clear idea of the prisoner-of-war question owing

to the presence of Reinecke, the chief of the prisoner-of-war

department, who represented his own department and the OKW, and I

repeated everything I remembered about this.

DR. NELTE: What I was really asking was about the limitation of the

jurisdictions.

LAHOUSEN: Yes.

DR. NELTE: Do you know that in the Army Operational Zone the army on

operations was responsible for the care of prisoners of war?

LAHOUSEN: Yes.

DR. NELTE: And that the OKW became responsible for their care only when

the prisoners of war arrived in Germany?

LAHOUSEN: Yes, I repeated what I knew about the matter at the time from

what I had heard. This was that the General Staff of the Army had made

all preparations to bring these people back, and Hitler then authorized

the OKW to hold this up, and the OKW was then held responsible by the

General Staff for the consequences. What happened after that I do not

know and have no right to judge. I can only repeat what I saw and heard.

DR. NELTE: I thought that yesterday you expressed the conjecture that

the prisoners were not brought back owing to an order from Hitler.

LAHOUSEN: I did not express a conjecture. I simply repeated what I heard

at the time and what I know. It might, of course, have been wrong.

DR. NELTE: Heard from whom?

LAHOUSEN: I heard this from the people with whom I was in daily contact,

that is, at the daily situation conferences, at which Canaris, the

department chiefs, and other people who came there to report were

present. I heard it there, and a great deal was said about this matter.

I have always made this clear since my first interrogation. I told

Reinecke to his face that what he himself said about this question at

the time . . .

DR. NELTE: That has nothing to do with my question.

LAHOUSEN: I understand your question perfectly. I only want to make it

quite clear how I came yesterday to say what I did—to examine how far

this applies according to the actual, organizational and other divisions

. . .

DR. NELTE: But you know that in principle the OKW had charge of

prisoners of war only in Germany?

LAHOUSEN: There is no question about that.

DR. NELTE: How could it happen that the Abwehr office adopted the

attitude you defined yesterday regarding the question of enemy commando

activities? You were supposed to deal with these things from the German

side, but you—that is, your department—were not officially concerned

with the handling of these things?

LAHOUSEN: No, not immediately concerned. The Amt Ausland had something

to do with these things because somehow it received intelligence of any

order that was under consideration, even before it was put into shape,

and certainly as soon as it was drawn up. The order in question had, of

course, a bearing on an essential point of international law, and the

Ausland section of the Abwehr department—or rather the “Sachbearbeiter”

(expert) as he was called—was naturally concerned with it. As a matter

of fact, my department was directly concerned with these things for

reasons which I have already explained, because it might turn out that

persons for whom I was responsible might be directly affected.

DR. NELTE: Did the department which dealt with international law in the

Amt Ausland Abwehr ever put its official attitude in writing?

LAHOUSEN: As I pointed out yesterday, I wrote a contribution on the

subject, from the point of view of my section, which was transmitted to

Canaris and was to be part of the long document. I only learned what use

was made of it from what Bürckner said at the time, and which was that

his department passed the thing on in this manner, either in writing or

verbally, as a protest or counter remonstrance, at any rate pointing out

the dangers. This happened a second time, and again I cannot say in what

form, whether verbally or in writing or _vice versa_—the first time in

writing and then verbally—after executions had already taken place, and

because I had again started to make myself heard because of the

executions that had already taken place. That was the logical

development.

DR. NELTE: You also said something yesterday about putting a

distinguishing mark on Russian prisoners by branding. Did it become

known to you that such a scheme, as brought out in this question, was

cancelled by a telephoned order from the Chief of the OKW, who had gone

to the Führer’s headquarters for this purpose, and that it was only

because of a regrettable, a terrible misunderstanding, that a few copies

of this order were issued?

LAHOUSEN: No, I do not know about this, because, generally speaking, I

only heard of the things which happened in the Amt Ausland Abwehr, that

is, from Canaris’ section downwards, if I was directly concerned with

them. What happened on the higher levels, that is, from Canaris upwards,

was and could only be known to me if I was in some way connected with

it.

DR. NELTE: You yourself did not see the order?

LAHOUSEN: Which order are you referring to?

DR. NELTE: The one concerning the branding of Russian prisoners.

LAHOUSEN: No. As in the case of the Commando Order and others, I

attended only the very lively discussion of this question, and with

regard to the branding of Russian prisoners I remember Canaris

mentioning that a doctor had furnished a written report on how this

could be done most efficiently.

DR. NELTE: You stated yesterday that Admiral Canaris had said that the

Defendant Keitel had given the order to do away with General Weygand?

LAHOUSEN: Yes.

DR. NELTE: The Defendant Keitel denies that. He now asks whether you

ever saw any document or written proof of this order. He wants to know

the origin of any statement which concerned General Weygand.

LAHOUSEN: This order was not given in writing, but it came to me because

I was supposed to put it into execution, that is, not I, but my

department. It came up through Canaris, in that circle which I have so

often described, and which means that it was known only to a few. I was

brought into the matter through a talk which Canaris gave at Keitel’s

office in the OKW and at which I was present. Keitel had already

addressed me on the matter. I recorded this in my personal notes and I

mentioned the date. After all, such a thing was not an everyday

occurrence, at least not to me. It was 23 December 1940.

DR. NELTE: Do you not remember the actual wording of the question that

Defendant Keitel was supposed to have asked?

LAHOUSEN: Of course I cannot remember the precise wording; the incident

happened too long ago. I remember the gist very well. What he meant was,

“What has been done in this matter? How do things stand?”

DR. NELTE: You said yesterday that you gave an evasive answer.

LAHOUSEN: I said yesterday that I could not remember exactly how I

worded my answer but I certainly did not say what I had said in the

presence of Canaris, namely, “I would not think of executing such a

murderous order; my section and my officers are not an organization of

murderers. Anything but that.” What I probably said to Keitel was

something about how difficult the matter was, or any evasive answer that

I may have thought of.

DR. NELTE: If the Chief of the OKW had ordered such an action on his own

initiative or on higher orders, this would, because of the high rank of

General Weygand, have amounted to an act of state. You did not tell us

yesterday whether after December 23, 1940 anything transpired in this

matter, that is to say, whether the Chief of the OKW took up this

question again.

LAHOUSEN: No, I did not say anything about that yesterday, but I

frequently mentioned during the interrogations that after that the Chief

of the OKW did nothing more about it. Canaris’ attitude made it obvious

that nothing further had been heard of it, for in the hierarchy of

commands which for me was authoritative, he would have had to transmit

orders to me. On the other hand, the information which I received in the

Giraud matter was authoritative.

DR. NELTE: We shall come to that presently. It is extraordinary that if

an act of state, such as the murder of General Weygand, had been

ordered, nothing more should have been heard of it. Can you explain

this?

LAHOUSEN: I can only explain it in the light of the construction which

not only I myself, but also the others, put on the matter at that time.

The situation at that time was very agitated; events followed each other

very rapidly and something happened all the time, and we assumed—I

shall come back to why we assumed it—that this matter and the

importance attached to it had been superseded by some more important

military or political event, and that it had receded into the

background.

DR. NELTE: Do you wish to say anything else?

LAHOUSEN: Yes. I wish to state that what I am saying now has a certain

bearing on the inner development of the Giraud affair. We—that is,

Canaris, myself, and the others—who knew about this when the matter

started, had hoped that it would take the same course as the Weygand

affair; that is, that the matter would be dropped. Whether the order had

been given by Keitel, or Hitler or Himmler, it would have been shelved

when it came to Canaris and to me. In our circles it would have been

relatively easy to intercept it or to divert it. That was what we hoped

when the Giraud affair came up, as we had seen what actually had

happened in the Weygand affair. Whether that was right or wrong I cannot

judge. This is the explanation.

DR. NELTE: For a less important matter your argument might be plausible,

but in such an important matter as the Weygand case it does not seem to

me to hold water. But even if it had been so, had the intention to do

away with Weygand existed in any quarters and for any reason, how do you

explain the fact that Weygand, who later was taken to Germany and housed

in a villa, lived undisturbed and honored and met with no harm? It would

have been understandable if the order to eliminate him had been

seriously expressed in any quarters, that it should have been carried

out on this occasion.

LAHOUSEN: I can only answer to this that the attitude towards

personalities in public life, whether at home or abroad, varied a great

deal. There were high personalities who at one moment were in great

favor and thought of very highly, and at the next moment were to be

found in a concentration camp.

DR. NELTE: Now regarding the Giraud case, you stated that Admiral

Canaris said in your presence and the presence of others that General

Giraud was to be done away with on orders from higher quarters.

LAHOUSEN: Yes. That it is so is borne out by the remark that

Pieckenbrock made, and which I remember very well, that Herr Keitel

should tell these things to Herr Hitler once and for all.

DR. NELTE: So according to the communication made to you by Admiral

Canaris, it was not an order of Keitel’s but an order of Hitler’s.

LAHOUSEN: As far as we knew in the Abwehr office, it was Keitel who gave

the order to Canaris. I can only assume this in view of an order Hitler

made to this effect I do not know who actually gave this order, because

I had no insight into the hierarchy of command beyond Canaris. It was,

as far as I was concerned, an order from Canaris—an order which I could

discuss immediately with him, in the same way as I can discuss it here.

DR. NELTE: You yourself did not hear this order?

LAHOUSEN: No, I personally did not hear it. I never said I did.

DR. NELTE: But you mentioned that later Keitel spoke to you about this

matter?

LAHOUSEN: The procedure was the same as in the case of Weygand.

DR. NELTE: Do you remember whether any precise or positive expression

such as “killing,” “elimination,” or something similar was used on this

occasion?

LAHOUSEN: The word generally used was “elimination” (umlegen).

DR. NELTE: What I mean is whether in this connection such a word was

used by the Defendant Keitel in addressing you?

LAHOUSEN: Yes, of course—when I gave my report, the notes of which I

have, together with the date, just as in the Weygand case. For reasons

unknown to me, the Giraud affair was apparently carried further than the

Weygand affair, for Canaris and I could determine the different stages

in its development.

DR. NELTE: You did not answer my question. What did the Defendant Keitel

say to you in this instance, when you were present at the occasion of a

report by Canaris and the question of Giraud was brought up? What did he

say?

LAHOUSEN: The same thing: “How does the matter stand?” And by “matter”

he clearly meant Giraud’s elimination, and that was the very subject we

discussed under similar conditions in the Weygand affair.

DR. NELTE: That is your opinion, but that is not the fact on which you

have to give evidence. I wish to find out from you what Keitel actually

said to you. When speaking to you or in your presence, did he use the

expression “dispose of” or “eliminate”?

LAHOUSEN: I cannot remember the expression he used, but it was perfectly

clear what it was all about. Whatever it was, it was not a question of

sparing Giraud’s life or imprisoning him. They had had the opportunity

to do that while he was in occupied territory.

DR. NELTE: That is what I want to speak about now. You are familiar with

the fact that after Giraud’s flight and his return to Unoccupied France,

a conference took place in Occupied France.

LAHOUSEN: Yes, I heard of that.

DR. NELTE: Ambassador Abetz had a talk with General Giraud which dealt

with the question of his voluntary return to confinement. You know that?

LAHOUSEN: Yes, I heard of that.

DR. NELTE: Then you probably also know that at that time the local

military commander immediately called up the Führer’s headquarters by

way of Paris. It was believed that an important communication was to be

made; namely, that Giraud was in Occupied France and could be taken

prisoner?

LAHOUSEN: I know about this in its broad outline.

DR. NELTE: Then you know also that the OKW—that is to say in this case,

Keitel—then decided that this should not happen.

LAHOUSEN: No, that I do not know.

DR. NELTE: But you do know that General Giraud returned to Unoccupied

France without having been harmed?

LAHOUSEN: Yes, I do know that.

DR. NELTE: Well, in that case, the answer to my previous question is

self-apparent.

LAHOUSEN: I speak the truth when I say I do not know. I could not have

known unless they had talked about it in my presence.

DR. NELTE: Well, it is so, and the facts prove it to be so. Did you know

that General Giraud’s family lived in Occupied France?

LAHOUSEN: No, I did not know that.

DR. NELTE: I thought the Abwehr division was entrusted with surveillance

of this region?

LAHOUSEN: No, you are mistaken—certainly not my department. I do not

know whether another department was in charge of that.

DR. NELTE: The question was asked simply to prove that the family did

not suffer because General Giraud escaped and later refused to return to

captivity. I have one more question which you may be able to answer.

LAHOUSEN: I beg your pardon. May I return, please, to the question of

Giraud?

DR. NELTE: This question also has to do with General Giraud.

LAHOUSEN: Very well.

DR. NELTE: Do you know that one day your chief, Canaris, received by

special courier a letter from Giraud in which Giraud asked whether he

might return to France? Do you know that?

LAHOUSEN: No. No, I do not know about it. Perhaps I was not in Berlin at

the time. I was not always in Berlin.

DR. NELTE: I am aware of that. I thought it might be mentioned in the

diary.

LAHOUSEN: No, I did not keep the diary. I simply made additions to it so

far as my particular department was concerned, but I was not familiar

with the diary in its entirety.

DR. NELTE: Thank you.

THE PRESIDENT: The Tribunal will adjourn now for 10 minutes.

[_A recess was taken._]

FLOTTENRICHTER OTTO KRANZBUEHLER (Counsel for Defendant Dönitz): I would

like to make a motion in connection with the technical side of the

proceedings. In the course of the proceedings, many German witnesses

will be heard. It is important that the Tribunal should know exactly

what the witnesses say. During the hearing of this witness I have tried

to compare what the witness actually said with the English translation.

I think I can state that in many essential points the translation did

not entirely correspond to the statement of the witness. I would,

therefore, like to suggest that German stenographers take down directly

the statements of the witness in German so that Defense Counsel will

have an opportunity of comparing what the witness actually says with the

English translation and, if necessary, of making an application for the

correction of the translation. That is all.

THE PRESIDENT: Yes, Mr. Justice Jackson.

MR. JUSTICE ROBERT H. JACKSON (Chief of Counsel for the United States):

I just want to inform the Court and Counsel, in connection with the

observation that has just been made, that that has been anticipated and

that every statement of the witness is recorded in German, so that if

any question arises, if Counsel addresses a motion to it, the testimony

can be verified.

THE PRESIDENT: Is that German record available to Defendants’ Counsel?

MR. JUSTICE JACKSON: I don’t think it is. It is not, so far as I know.

It would not be available unless there were some occasion for it.

THE PRESIDENT: It is transcribed, I suppose?

MR. JUSTICE JACKSON: I don’t know how far that process is carried. I

will consult the technicians and advise about it, but I know that it is

preserved. The extent of my knowledge now is that it is preserved in

such a form that, if a question does arise, it can be accurately

determined by the Tribunal, so that if they call attention to some

particular thing, either the witness can correct it or we can have the

record produced. It would not be practicable to make the recording

available without making reproducing machines available. While I am not

a technician in that field, I would not think it would be practicable to

place that at their disposal.

THE PRESIDENT: Wouldn’t it be practicable to have a transcription made

of the shorthand notes in German and, within the course of one or two

days after the evidence has been given, place that transcription in the

Defendants’ Counsel room?

MR. JUSTICE JACKSON: I think that is being done. I think perhaps Colonel

Dostert can explain just what is being done better than I can, because

he is the technician in this field. I am sure that no difficulty need

arise over this matter of correct translations.

COLONEL LEON DOSTERT (Chief of Interpreters): Your Honors, the reports

of the proceedings are taken down in all four languages and every word

spoken in German is taken down in German by German court stenographers.

The notes are then transcribed and can be made available to Defense

Counsel. Moreover, there is a mechanical recording device which

registers every single word spoken in any language in the courtroom, and

in case of doubt about the authenticity of the reporters’ notes, we have

the further verification of the mechanical recording, so that Defense

Counsel should have every opportunity to check the authenticity of the

translation.

MR. JUSTICE JACKSON: I am advised further by Colonel Dostert that 25

copies of the German transcript are being delivered to the defendants

each day.

FLOTTENRICHTER KRANZBUEHLER: Mr. President, I was not informed that the

German testimony is being taken down in shorthand in German. I assumed

that the records handed over to us were translations. If German

shorthand notes are being taken in the court, I withdraw my motion.

THE PRESIDENT: I think we shall get on faster if the Defendants’

Counsel, before making motions, inquire into the matters about which

they are making the motions.

DR. FRITZ SAUTER (Counsel for Defendant Ribbentrop): I would like to ask

a few questions of the witness.

Witness, you previously stated that at some time an order was given,

according to which, Russian prisoners of war were to be marked in a

certain manner and that this order had been withdrawn by the Defendant

Keitel. You did say that, did you not?

LAHOUSEN: Yes, I said that I have knowledge that there was this purpose.

DR. SAUTER: This is interesting from the point of view of the Defendant

Ribbentrop, and I would like to hear from you whether you know about

this matter. Ribbentrop maintains that when he heard about the order to

brand Russian prisoners of war, he, in his capacity as Reich Foreign

Minister, went immediately to the Führer’s headquarters to inform

General Field Marshal Keitel of this order, and pointed out to him that

he, Ribbentrop, in his capacity as Foreign Minister, as well as in his

capacity as the guarantor of international law, objected to such

treatment of Russian prisoners of war.

I would be interested to know, Witness, whether in your circle something

was said as to who drew Keitel’s attention to this order and asked him

to retract it?

LAHOUSEN: I was not informed of that and I only knew, as I said

yesterday, that there had been this intention, but it was not carried

out.

DR. SAUTER: Then I have another question.

Witness, you spoke yesterday about some remarks of the Defendant

Ribbentrop, especially one statement to the effect that an uprising

should be staged in Poland—not in Russia—and that all Polish farm

houses should go up in flames and all Jews should be killed. That,

roughly, was how the statement ran.

LAHOUSEN: Yes.

DR. SAUTER: Now, later on, I believe, in answering a question of one of

the Russian prosecutors, you amplified your statement by mentioning an

order of the Defendant Ribbentrop. I would now like to know whether you

really meant to say that it was an order from Ribbentrop to a military

department?

LAHOUSEN: No.

DR. SAUTER: Just a minute please, so that you can answer both questions

together.

I would also like to remind you that yesterday, when this matter was

first discussed, you spoke of a directive which, I believe, your

superior officer had, as you said, received from Ribbentrop?

LAHOUSEN: No, the Chief of the OKW received it, not my superior officer,

who was Canaris. I would like to repeat it, in order to clarify this

matter. It was a matter that came up for discussion on the 12th of

September 1939 in the Führer’s train. These meetings took place in the

following sequence with respect to time and locality: At first a short

meeting took place between the Reich Foreign Minister Ribbentrop and

Canaris in his coach.

DR. SAUTER: Were you present?

LAHOUSEN: I was present at that meeting. General political questions

regarding Poland and the Ukrainians in Poland were discussed. I do not

know anything more about this meeting, which was the first.

After that there was another meeting in the coach of Keitel, who was

then Chief of the OKW, and in the course of this meeting Keitel

summarized and commented on the general political directives issued by

Ribbentrop. He then mentioned several possible solutions for the

handling of the Polish problem from the point of view of foreign

policy—this can happen, or something else can happen; it is quite

possible. In this connection he said:

“You, Canaris, have to promote an uprising with the aid of the

Ukrainian organizations which are working with you and which

have the same objectives, namely, the Poles and the Jews.”

And then a third discussion, or rather, a very brief remark at the end

of a very short conversation between the Foreign Minister Ribbentrop and

Canaris was made in connection with this subject, after the intention

had been made quite clear. It was about how the uprising was to be

carried out and what was to happen. I remember this so well, because he

demanded that the farm houses must burn. Canaris discussed the matter

with me in detail later on and referred to this remark.

That is what happened, as I have described it. This was the sequence:

Directives from the High Command to Keitel; then passed on by Keitel to

Canaris at this meeting; then repeated to Canaris in the form of a

remark which I remember so well because it contained the words about

farm houses in flames, which is rather an unusual thing to say.

THE PRESIDENT: It would assist the Tribunal if one question at a time

were asked and if the witnesses would answer “yes” or “no” to the

question asked, and explain, if they must, afterwards. But questions and

answers should be put as shortly as possible and only one question

should be asked at a time.

DR. SAUTER: Now, witness, something else has struck me.

THE PRESIDENT: You heard what I said did you? Do you understand it?

DR. SAUTER: [_Continuing._] Yesterday you said that these remarks of

Ribbentrop are not in the diary, if I understood you correctly.

LAHOUSEN: No, this is not from the diary but has a connection with

Canaris’ diary, by means of which I can make this remark.

DR. SAUTER: You said yesterday that this remark struck you as being

rather surprising.

LAHOUSEN: Yes.

DR. SAUTER: And today you said that General Blaskowitz also made some

striking statements. You also mentioned, however, that these statements

of Blaskowitz were not entered in the diary.

LAHOUSEN: No.

DR. SAUTER: Now, it occurs to me—and I would like you to answer this

question: Why, if this remark of the Defendant Ribbentrop surprised you,

was it not entered in the diary?

LAHOUSEN: Regarding Blaskowitz, I have to say—or rather—repeat the

following:

I said that I did not hear the Blaskowitz matter mentioned in this

connection during the meeting, and I cannot assume that this subject

came up concurrently, otherwise it would have been entered in these

notes. It may be, of course, that the Blaskowitz matter was discussed at

a time when I was not there. I have only put down what I heard or what

Canaris told me to enter in the record.

DR. SAUTER: But did you yourself hear that from Ribbentrop?

LAHOUSEN: Yes, but the substance was not altered. Whether one speaks of

extermination, elimination, or the burning of farms, they all amount to

terroristic measures.

DR. SAUTER: Did Von Ribbentrop really talk of killing Jews? Are you sure

you remember that?

LAHOUSEN: Yes, I definitely remember that, because Canaris talked not

only to me, but also to others in Vienna about this matter and called me

time and again as a witness.

DR. SAUTER: You heard that too?

LAHOUSEN: That did not settle the matter, but these words of

Ribbentrop’s were frequently discussed.

DR. SAUTER: Witness, something else. You have told us about murderous

designs on which you or your department or other officers were employed

or which you were charged to carry out. Did you report these to any

police station as the law required? May I point out that according to

German law failure to report intended crimes is punishable with

imprisonment or in serious cases with death.

LAHOUSEN: Well, when you talk about German law, I cannot follow you. I

am not a lawyer, but just an ordinary man.

DR. SAUTER: As far as I know, that is also punishable according to

Austrian law.

LAHOUSEN: At that time Austrian law, as far as I know, was no longer

valid.

DR. SAUTER: In other words, you never reported the intended crime,

either as a private person or as an official?

LAHOUSEN: I should have had to make a great many reports—about 100,000

projected murders, of which I knew and could not help but know. You can

read about them in the records—and about shootings and the like—of

which of necessity I had knowledge, whether I wanted to know or not,

because, unfortunately, I was in the midst of it.

DR. SAUTER: It is not a matter of shootings which had taken place and

could no longer be prevented, but rather a matter of intended murder at

a time when perhaps it could have been prevented.

LAHOUSEN: I can only answer: Why did the person who received this order

at first hand not do the same thing? Why did he not denounce Hitler for

instance?

DR. SAUTER: You, as a general of the German Wehrmacht, should have asked

Hitler . . .

LAHOUSEN: I am sorry, you overestimate my rank, I had only been a

general in the German Wehrmacht since the first of January 1945, that

is, only for 4 months. At that time I was lieutenant colonel and later

colonel of the General Staff, not in the General Staff.

DR. SAUTER: But in 1938, immediately after Hitler’s attack on Austria,

you at once made a request to be taken into the German Wehrmacht by

Hitler.

LAHOUSEN: I did not make a request, and I did not have to do this.

Wherever I was in the service, I was known for my special services. I

was not a stranger. With the knowledge of the Austrian Government and

also, in a restricted sense, with the knowledge of the German

authorities (that is, of certain persons) I was working for the Austrian

Government in a matter which exclusively concerned things outside the

scope of Austrian internal policy. I co-operated with the Wehrmacht, as

well as with the Italian and Hungarian Governments with the knowledge of

the Austrian Government and the competent authorities. There were

matters of politics which were not my domain.

DR. SAUTER: But I believe, Witness, your memory deceives you, because

immediately after Hitler’s attack on Austria, you called on the General

Staff in Berlin and there you tried to get a commission in the German

Wehrmacht, and you now deny this. You also filled in and signed a

questionnaire, in which you declared your complete allegiance to the

Greater German Reich and to Adolf Hitler; and shortly afterwards you

took the oath of allegiance to Adolf Hitler.

LAHOUSEN: Yes, of course, I did it just as everybody else who was in the

position of being transferred from one office and capacity to another.

DR. SAUTER: Before, you said you did not apply for this appointment, and

I have information to the contrary: That you, in the company of two or

three other officers were the first to go to Berlin with the sole

purpose of asking the Chief of the German General Staff Beck to take you

into the German Army.

LAHOUSEN: I am very glad that you mention this subject, because it

allows me to make my position perfectly clear. It was not necessary for

me to make an application for my future position in the German

Wehrmacht. I was known because of my military activities, just as any

military attaché is known in the country where he is accredited.

Moreover, I can easily explain why my rise in office was so rapid. I

have said that my activities and my co-operation with the Austrian

Military Intelligence Service, which were not determined by me but by my

superior Austrian office, were at that time directed against the

neighboring country of Czechoslovakia. Czechoslovakia was the country

that was next on the list after Austria. Therefore, it was natural that

my later chief, Canaris, who knew me from my former position, was very

interested in having me promoted in his department. He put in a word for

me, and so did Colonel General Beck, whom I was visiting. Other people

also know this; and I have now told everything that General Beck told me

at that time.

DR. SAUTER: Then it is true, you did go to Berlin and apply to be

transferred into the German Wehrmacht, which you at first denied?

LAHOUSEN: No, that is not true, I did not apply. Others made the

request. I can even say that I did not go there: I flew there. Canaris,

who knew me not only in my military capacity but also in regard to my

personal attitude (just as Marogna had known me and just as Colonel

General Beck, who was informed about me by Canaris), made the request

for me. I myself did not apply, but others applied for me, for reasons

which only later became clear to me, because they knew my personal

attitude, just as my Austrian comrades—they were necessarily few—knew

about this and about me. That is how things stood.

DR. SAUTER: I have no other questions to ask this witness.

THE PRESIDENT: Before the cross-examination I wish to announce that

there will be no public session of the Tribunal this afternoon.

DR. OTTO STAHMER (Counsel for Defendant Göring): I am counsel for the

Defendant Göring, and I would like to address a few questions to the

witness.

Witness, if I understood you correctly, you said yesterday that it was

Canaris’ personal conviction that his failure to prevent the attack on

Poland would mean the end of Germany and a great misfortune for us. A

triumph of the system would mean an even greater disaster, and it was

the purpose of General Canaris to prevent this. Did I understand you

correctly?

LAHOUSEN: Yes, except for one point: Not that he had not been successful

in preventing it, but that it was not possible to prevent it. Canaris

had no way of knowing this . . .

DR. STAHMER: Is it known to you that Admiral Canaris, in the first years

of the war, had very active sabotage organizations behind the enemy

front and that he personally worked very hard for these organizations?

LAHOUSEN: Naturally I knew about that, and I have fully informed the

American authorities who were interested in this subject.

DR. STAHMER: But how is that possible? This would not be in conformity

with his inner political beliefs.

LAHOUSEN: This is explained by the fact that in the circle in which he

was active he could never say what he really thought, and thousands of

others could not do so either—what I said is a truth without saying.

The essential thing is not what he said, or what he had to say in order

to follow a purpose; but what he did and how he did it. This I know and

others know it, too.

DR. STAHMER: This is not a question of what he said, but of what he

actually did. He not only proposed such measures, but also applied

himself to their execution—is that true?

LAHOUSEN: Ostensibly he had, of course, to remain within the limits of

his office, in order to keep his position. That was the important thing,

that he should remain in this position, to prevent in 1939 the thing

that actually happened in 1944: that Himmler should take things in hand.

I place before you these two men, one against the other: Canaris and

Himmler—and I think I need hardly tell you what Canaris was striving

for when he (Canaris) took part—ostensibly took part in these

activities.

DR. STAHMER: You mentioned the name of Himmler, in this connection, I

would like to ask the following question:

Is it known to you that Admiral Canaris, during the first years of the

war, laid great stress on his good relations with the SS and the

necessity for close co-operation with the SS, so much so, that the

Defendant Göring had to advise him to be more independent of the SS in

his military functions?

THE PRESIDENT: You are going too quickly and I do not think you are

observing what I said just now, that it will help the Tribunal if you

will ask one question at a time.

DR. STAHMER: I will put my question briefly; did the witness know that

Admiral Canaris, during the first years of the war, had good connections

with the SS and recognized the necessity for close co-operation with the

formation, and never failed to stress this?

LAHOUSEN: Yes, this is known to me. I also know why.

DR. STAHMER: And why?

LAHOUSEN: So that he might be in a position to see and to know and keep

himself informed of everything these people were doing, and be able to

intervene wherever and whenever possible.

DR. STAHMER: Was it the duty of your organization, or the duty of

Canaris’ department to pass on important enemy intelligence to the

military leadership in good time?

LAHOUSEN: I do not understand what the office of Canaris has to do with

this?

DR. STAHMER: Your section of the office of Canaris?

LAHOUSEN: Yes, of course, the Department I.

DR. STAHMER: Now, according to my information, your office did not pass

on to the military departments concerned information of the

Anglo-American landing in North Africa. Is that true?

LAHOUSEN: I do not know. Please do not make me responsible for the

department. This is a question which could easily be answered by Colonel

Pieckenbrock, but not by me.

DR. STAHMER: Regarding the Case “Rowehl,” you said yesterday that a

colonel of the Air Force, Rowehl, had formed a special squadron, which

had the tasks of making reconnaissance flights over Poland, England, and

the southeast sector prior to the Polish campaign. Is that true?

LAHOUSEN: Yes.

DR. STAHMER: You also said that Colonel Rowehl went to see Admiral

Canaris to report on the results of these flights and to submit

photographs. Is that true?

LAHOUSEN: Yes. How should I have known about it otherwise? I did not

invent it.

DR. STAHMER: I did not say that. How did Colonel Rowehl come to report

to Admiral Canaris about this?

LAHOUSEN: I believe I mentioned yesterday, that this was a function of

the Amt Ausland Abwehr, Abteilung I.

DR. STAHMER: Have you yourself seen the photographs that were taken over

England?

LAHOUSEN: Yes, I have seen them.

DR. STAHMER: When and where were these pictures shown to you?

LAHOUSEN: In the office of Canaris they were shown to me. I had nothing

to do with them in an official way. I happened to be present at the

time. I was interested in seeing what was going on.

DR. STAHMER: What did these photographs show?

LAHOUSEN: I have forgotten the details. They were photographs taken from

airplanes.

DR. STAHMER: The photographs were not shown to you officially?

LAHOUSEN: No, the photographs were not shown to me officially, I was

merely an interested spectator on this occasion, as I have just told

you.

DR. STAHMER: Did Rowehl give any written reports about these flights to

the Amt?

LAHOUSEN: I do not know.

DR. STAHMER: You do not know? You also said that Rowehl’s squadron made

flights from Budapest?

LAHOUSEN: Yes.

DR. STAHMER: Do you know that from your own experience or from some

other information?

LAHOUSEN: I know it through personal investigation. The date is entered

in the War Diary kept by the section. At that time I was in Budapest,

and I was asked to attend the conferring of a citation in Budapest.

DR. STAHMER: That was before the Polish campaign?

LAHOUSEN: Yes.

DR. STAHMER: And why were these flights carried out from Budapest?

LAHOUSEN: I do not know. I said that yesterday. A gentleman of the Air

Force would have to answer that.

DR. RUDOLF DIX (Counsel for Defendant Schacht): Witness, do you know

Captain Strünck from the Abwehr?

LAHOUSEN: I would like you to tell me something more than the name. The

name alone does not mean anything to me. Give me a few points that will

refresh my memory.

DR. DIX: He is a lawyer who was a reserve officer with the Abwehr. I do

not know in which department, but I would say it was in the department

of Pieckenbrock. However, if you do not know him I will not question you

any further.

LAHOUSEN: If he was with Pieckenbrock I do not know him. I knew a few.

Is Strünck still alive?

DR. DIX: No, he is no longer living.

LAHOUSEN: Was he executed?

DR. DIX: He suffered the same death as Canaris and Oster. For the

information of the Court, I should like to add that I asked this

question because I named Strünck as a witness and the Court has admitted

him as such. I wish to take this opportunity—but if you do not know him

I will not continue questioning you.

LAHOUSEN: When I asked whether he is still alive, I seemed to recall

that this man, together with others whom I knew very well, might have

been killed, but I cannot be more definite on this point.

DR. HEINZ FRITZ (Counsel for Defendant Fritzsche): I would like to ask

the witness a few questions.

Witness, do you know that the Defendant Fritzsche, when in May 1942 he

was transferred to the 6th Army as a soldier and there heard for the

first time of the existence of an order for executions, recommended to

the Commander-in-Chief of the 6th Army, Paulus, that he should have this

order suspended within the jurisdiction of his army and have this

decision made known by leaflets to be dropped over the Russian front?

THE PRESIDENT: Be careful only to ask one question at a time. You have

just asked three or four questions at once.

DR. FRITZ: Yes, Sir. Is it known to you that Fritzsche gave Paulus the

advice to rescind the order for his army sector?

LAHOUSEN: That order had already been given to his army. Will you kindly

give me the approximate date?

DR. FRITZ: That was during the Russian campaign, as I mentioned

yesterday. Most of these things occurred in May 1942.

LAHOUSEN: No. I do not know anything about this in connection with

Fritzsche. In connection with the name Reichenau, which was mentioned

before, I do remember a conversation between Reichenau and Canaris at

which I was present. It made a great impression on me. During this

conversation, and in this circle, where there were several other

gentlemen present, Reichenau held quite different ideas and judged

things quite differently from what I had expected of him. Apart from

that, I do not know anything about this particular question.

DR. FRITZ: Also nothing concerning the fact that Paulus had rescinded

the order within the sector of his army?

LAHOUSEN: No, not in connection with the name Paulus, but in general I

believe, as I also stated yesterday, that several army commanders, whose

names are no longer in my memory today, or whose names have been

recorded, were mentioned by me.

DR. KURT KAUFFMANN (Counsel for Defendant Kaltenbrunner): Do you know

Mr. Kaltenbrunner?

LAHOUSEN: Kaltenbrunner? I met Kaltenbrunner only once in my life, and

that was on a day that will always remain in my memory. It was also the

first meeting between Canaris and Kaltenbrunner. It took place in Munich

in the Regina Hotel, and it was on the day when two young people, a

student and his sister, were arrested and executed. They had distributed

leaflets in the auditorium of the University of Munich. I read the

contents of the leaflets, and I remember, among other things, that they

contained an appeal to the Wehrmacht.

I can easily reconstruct that day. It was the first and last time that I

saw Kaltenbrunner, with whose name I was familiar. Of course,

Kaltenbrunner mentioned this subject to Canaris, who was completely

shattered because of what had happened that day and was still under the

painful impression—and thank God there are still witnesses available

who can testify to this. When discussing the matter Kaltenbrunner was

very much to the point, but at the same time he was quite cynical about

it. That is the only thing I can tell you about this matter.

DR. KAUFFMANN: Kaltenbrunner claims that Himmler retained full executive

powers for himself, while he was only in charge of the intelligence

service. Is this borne out by the conversation that you just mentioned?

LAHOUSEN: I would like you to know what bearing that has on the

Kaltenbrunner-Himmler matter—the struggle for power which was taking

place in the SS. I have merely described this event. I can give you the

names of the people present, who like myself were very much impressed

for the reasons which I have mentioned.

HERR GEORG BÖHM (Counsel for the SA): You were asked yesterday whether

the orders regarding the treatment of Soviet prisoners of war were known

to the leaders of the SA and other organizations, and your answer was

that these orders must have been known to them. I would now like to ask

you who these leaders were at the time and what were their names?

LAHOUSEN: Who they were and what their names were, I do not know. I also

stated explicitly yesterday why I said so. They must have been known to

them and to a large circle through the execution of these orders, and,

of course, through the return of the wounded. The German people must

have learned about them.

HERR BÖHM: In other words, it was only an opinion of yours, but in no

way a fact-based on personal observation?

LAHOUSEN: No, it was not. I personally never had anything to do with any

SA leader. I never had anything to do with them, and I do not think any

one of them knows me well.

HERR BÖHM: Could you make a statement on this, that is, whether the

orders which were mentioned yesterday were given to the formations of

the SA?

LAHOUSEN: Would you kindly formulate that question again?

HERR BÖHM: Could you make another statement as to whether the contents

of these orders, which were discussed yesterday, were sent to the

formations of the SA through official channels?

LAHOUSEN: No, not through official channels, but in the way I have

previously indicated; in other words, members of the SA who were also in

the Wehrmacht could see actually what happened out there, and when they

came back they spoke about it, the same as anyone else. It was only in

this connection . . .

HERR BÖHM: Is it known to you whether members of the SA had anything at

all to do with the handling of prisoners of war?

LAHOUSEN: When members of the SA were in the Wehrmacht, yes.

HERR BÖHM: Did you make any personal observations in this connection?

LAHOUSEN: No, I never said that. I said I had already talked about the

SA.

HERR BÖHM: I asked you which leaders of the SA formations knew about

them, and you answered that they should have known about them.

LAHOUSEN: I said the leaders of these organizations came to know about

them in this way.

HERR BÖHM: And today I ask you whether the individual formations of the

SA had received these orders.

LAHOUSEN: I can only repeat what I said yesterday, and I think I was

very clear on the subject, in other words, how these orders were issued.

I myself did not read these orders, but I know the effects they had.

HERR BÖHM: I can imagine myself how this happened, but I asked you

whether you know anything about how these orders reached the SA?

LAHOUSEN: No.

HERR BÖHM: You do not know? Do you know anything from your own personal

observations about members of the SA being employed for the supervision

of prisoner-of-war camps?

LAHOUSEN: Yes, because from my personal observations, once when I was on

my way to the Army Group North, I caught an SA man who was kicking a

Russian prisoner of war and I pulled him up about it. I think that is

mentioned somewhere in my records, and also an episode about an

Arbeitsdienst man.

HERR BÖHM: Did you report any of these incidents through the proper

channels? Did you see to it that the leaders of this organization were

informed about them?

LAHOUSEN: I reported it to my superior officer, or it was mentioned in

my report on my visit either orally or in writing. There were

discussions on this and similar incidents.

HERR BÖHM: Have you got anything in your records?

LAHOUSEN: Yes.

HERR BÖHM: Will you please submit it?

LAHOUSEN: I am looking it up. This is about the Arbeitsdienst man, this

document.

HERR BÖHM: It is not about the SA man?

LAHOUSEN: No.

HERR BÖHM: Then you cannot submit anything in answer to my question?

LAHOUSEN: I do not have it here. I would have to look it up.

HERR BÖHM: Do you think you might find some records?

LAHOUSEN: I would have to have an opportunity of going through the whole

of the material which is in the hands of the American authorities to

find this one.

HERR BÖHM: I will ask the Court that you be given this opportunity.

I would also like to inquire whether you were ever able to observe that

members of the SA whom you ascertained were employed on supervisory

duties, ever took any measures which were in line with the orders

against Soviet soldiers.

LAHOUSEN: No, not personally.

HERR BÖHM: Thank you.

DR. STAHMER: I would like to ask the Court for a fundamental ruling on

whether the defendant also has the right personally to ask the witness

questions. According to the German text of the Charter, Paragraph 16, I

believe this is permissible.

THE PRESIDENT: The Tribunal will consider the point you have raised and

will let you know later.

MR. JUSTICE JACKSON: The United States Prosecution would desire to be

heard, I am sure, if there were any probability of that view being taken

by the Tribunal.

THE PRESIDENT: Perhaps we had better hear you now, Mr. Justice Jackson.

MR. JUSTICE JACKSON: Well, I think it is very clear that these

provisions are mutually exclusive. Each defendant has the right to

conduct his own defense or to have the assistance of counsel. Certainly

this would become a performance rather than a trial if we go into that

sort of thing. In framing this Charter, we anticipated the possibility

that some of these defendants, being lawyers themselves, might conduct

their own defenses. If they do so, of course they have all the

privileges of counsel. If they avail themselves of the privileges of

counsel, they are not, we submit, entitled to be heard in person.

DR. STAHMER: I would like to point out once more that Paragraph 16 (e),

according to my opinion, speaks very clearly for my point of view. It

says that the defendant has the right, either personally or through his

counsel, to present evidence, and according to the German text it is

clear that the defendant has the right to cross-examine any witness

called by the Prosecution. According to the German text there reference

can be made only to the defendant—with respect to terms as well as to

the contents. In my opinion it is made clear that the defendant has the

right to cross-examine any witness called by the Prosecution.

THE PRESIDENT: Does any other German counsel, defendant’s counsel, wish

to cross-examine the witness?

DR. ROBERT SERVATIUS (Counsel for Defendant Sauckel): I would only like

to point out that in the written forms given to us by the Court, the

defendant, as well as his counsel can make a motion. A place is left for

two signatures on the questionnaire. I conclude, therefore, that the

defendant himself has the right to speak on the floor.

THE PRESIDENT: What I asked was whether any other defendant’s counsel

wished to cross-examine the witness.

[_Herr Böhm approached the lectern._]

THE PRESIDENT: What is it? Would you put the earphones on, please,

unless you understand English. What is it you want to ask now? You have

already cross-examined the witness.

HERR BÖHM: Yes, I have cross-examined him, but he has given me to

understand that he made a report about an incident which occurred during

one of his visits of inspection, and that he has some written notes. As

I am not yet able to release the witness, I should like to move that the

Prosecution allow to be placed at the disposal of the witness any

available notes or reports on the observations made by him at the time,

so that he may find the evidence he wants.

THE PRESIDENT: I think you must conclude your cross-examination now.

HERR BÖHM: Certainly.

THE PRESIDENT: The Court thinks it would be better if you want to make

any further application with reference to this witness, that you should

make it in writing later.

HERR BÖHM: Yes.

THE PRESIDENT: Then, as no other defendant’s counsel wishes to

cross-examine the witness, the Tribunal will now retire for the purpose

of considering the question raised by Dr. Stahmer as to whether a

defendant has the right to cross-examine as well as his own counsel.

[_A recess was taken._]

THE PRESIDENT: The Tribunal has carefully considered the question raised

by Dr. Stahmer, and it holds that defendants who are represented by

counsel have not the right to cross-examine witnesses. They have the

right to be called as witnesses themselves and to make a statement at

the end of the Trial.

Do the Prosecutors wish to ask any questions of this witness in

re-examination?

COLONEL JOHN HARLAN AMEN (Associate Trial Counsel for the United

States): Just one question, your Lordship.

THE PRESIDENT: Let the witness come back here.

THE MARSHAL (Colonel Charles W. Mays): He was taken away.

THE PRESIDENT: Taken away?

THE MARSHAL: That’s right. He was taken away by some captain who brought

him here for the Trial. They have sent after him now.

THE PRESIDENT: Do you know how far he has been taken away?

THE MARSHAL: No, Sir, I do not. I will find out immediately.

THE PRESIDENT: Colonel Amen, are the questions that you wish to ask of

sufficient importance for the Tribunal to wait for this witness or for

him to be recalled on Monday?

COL. AMEN: I don’t believe so, Your Lordship.

THE PRESIDENT: Very well then. The Tribunal will adjourn, and it will be

understood that in the future no witness will be removed whilst he is

under examination, from the precincts of this Court except on the orders

of the Tribunal.

COL. AMEN: I do not know how that happened Your Lordship, I understood

he was still here.

[_The Tribunal adjourned until 3 December 1945 at 1000 hours._]

ELEVENTH DAY

Monday, 3 December 1945

_Morning Session_

THE PRESIDENT: I call on the prosecutor for the United States.

SIDNEY S. ALDERMAN (Associate Trial Counsel for the United States): May

it please the Tribunal, it occurs to me that perhaps the Tribunal might

be interested in a very brief outline of what might be expected to occur

within the next week or two weeks in this Trial.

I shall immediately proceed with the aggressive war case, to present the

story of the rape of Czechoslovakia. I shall not perhaps be able to

conclude that today.

Sir Hartley Shawcross, the British chief prosecutor, has asked that he

be allowed to proceed tomorrow morning with his opening statement on

Count Two and I shall be glad to yield for that purpose, with the

understanding that we shall resume on Czechoslovakia after that.

Thereafter, the British prosecutor will proceed to present the

aggressive warfare case as to Poland, which brought France and England

into the war. Thereupon the British prosecutor will proceed with the

expansion of aggressive war in Europe, the aggression against Norway and

Denmark, against Holland, Belgium, and Luxembourg, against Yugoslavia

and Greece. And in connection with those aggressions the British

prosecutor will present to the Tribunal the various treaties involved

and the various breaches of treaties involved in those aggressions.

That, as I understand it, will complete the British case under Count Two

and will probably take the rest of this week.

Then it will be necessary for the American prosecuting staff to come

back to Count One to cover certain portions which have not been covered,

specifically, persecution of the Jews, concentration camps, spoliation

in occupied territories, the High Command, and other alleged criminal

organizations, particularly evidence dealing with individual

responsibility of individual defendants.

Roughly, I would anticipate that that would carry through the following

week—two weeks. However, that is a very rough estimate.

Thereupon, the French chief prosecutor will make his opening statement

and will present the evidence as to Crimes against Humanity and War

Crimes under Counts Three and Four as to Western Occupied countries.

Following that, the Russian chief prosecutor will make his opening

statement and will present corresponding evidence regarding War Crimes

and Crimes against Humanity in the Eastern countries.

That, in very rough outline, is what we have in mind to present.

I turn now to the third section in the detailed chronological

presentation of the aggressive war case: Aggression against

Czechoslovakia. The relevant portions of the Indictment are set forth in

Subsection 3, under Section IV (F), appearing at Pages 7 and 8 of the

printed English text of the Indictment.

This portion of the Indictment is divided into three parts:

(a) The 1936-38 phase of the plan; that is, the planning for the assault

both on Austria and Czechoslovakia.

(b) The execution of the plan to invade Austria; November 1937 to March

1938.

(c) The execution of the plan to invade Czechoslovakia; April 1938 to

March 1939.

On Thursday, last, I completed the presentation of the documents on the

execution of the plan to invade Austria. Those documents are gathered

together in a document book which was handed to the Tribunal at the

beginning of the Austrian presentation.

The materials relating to the aggression against Czechoslovakia have

been gathered in a separate document book, which I now submit to the

Tribunal and which is marked “Document Book 0.”

The Tribunal will recall that in the period 1933 to 1936 the defendants

had initiated a program of rearmament, designed to give the Third Reich

military strength and political bargaining power to be used against

other nations. You will recall also that beginning in the year 1936 they

had embarked on a preliminary program of expansion which, as it turned

out, was to last until March 1939. This was intended to shorten their

frontiers, to increase their industrial and food reserve, and to place

them in a position, both industrially and strategically, from which they

could launch a more ambitious and more devastating campaign of

aggression.

At the moment—in the early spring of 1938—when the Nazi conspirators

began to lay concrete plans for the conquest of Czechoslovakia, they had

reached approximately the half-way point in this preliminary program.

The preceding autumn, at the conference in the Reich Chancellery on

November 5, 1937, covered by the Hossbach minutes, Hitler had set forth

the program which Germany was to follow. Those Hossbach minutes, you

will recall, are contained in Document 386-PS as United States Exhibit

Number 25, which I read to the Tribunal in my introductory statement a

week ago today.

“The question for Germany,” the Führer had informed his military

commanders at that meeting, “is where the greatest possible conquest can

be made at the lowest cost.”

At the top of his agenda stood two countries, Austria and

Czechoslovakia.

On March 12, 1938 Austria was occupied by the German Army, and on the

following day it was annexed to the Reich. The time had come for a

redefinition of German intentions regarding Czechoslovakia. A little

more than a month later two of the conspirators, Hitler and Keitel, met

to discuss plans for the envelopment and conquest of the Czechoslovak

State.

Among the selected handful of documents which I read to the Tribunal in

my introduction a week ago to establish the corpus of the crime of

aggressive war was the account of this meeting on 21 April 1938. This

account is Item 2 in our Document Number 388-PS, as United States

Exhibit Number 26.

The Tribunal will recall that Hitler and Keitel discussed the pretext

which Germany might develop to serve as an excuse for a sudden and

overwhelming attack. They considered the provocation of a period of

diplomatic squabbling which, growing more serious, would lead to an

excuse for war. In the alternative—and this alternative they found to

be preferable—they planned to unleash a lightning attack as the result

of an incident of their own creation.

Consideration, as we alleged in the Indictment and as the document

proved, was given to the assassination of the German Minister at Prague

to create the requisite incident.

The necessity of propaganda to guide the conduct of Germans in

Czechoslovakia and to intimidate the Czechs was recognized. Problems of

transport and tactics were discussed, with a view to overcoming all

Czechoslovak resistance within 4 days, thus presenting the world with a

_fait accompli_ and forestalling outside interventions.

Thus, in mid-April 1938, the designs of the Nazi conspirators to conquer

Czechoslovakia had already readied the stage of practical planning.

Now all of that occurred, if the Tribunal please, against a background

of friendly diplomatic relations. This conspiracy must be viewed against

that background. Although they had, in the fall of 1937, determined to

destroy the Czechoslovak State, the leaders of the German Government

were bound by a treaty of arbitration and assurances freely given, to

observe the sovereignty of Czechoslovakia. By a formal treaty signed at

Locarno on 16 October 1925—Document TC-14, which will be introduced by

the British prosecutor—Germany and Czechoslovakia agreed, with certain

exceptions, to refer to an arbitral tribunal or to the Permanent Court

of International Justice matters of dispute. I quote, they would so

refer:

“All disputes of every kind between Germany and Czechoslovakia

with regard to which the parties are in conflict as to their

respective rights, and which it may not be possible to settle

amicably by the normal methods of diplomacy.”

And the preamble to this treaty stated:

“The President of the German Reich and the President of the

Czechoslovak Republic equally resolved to maintain peace between

Germany and Czechoslovakia by assuring the peaceful settlement

of differences, which might arise between the two countries;

declaring that respect for the rights established by treaty or

resulting from the law of nations, is obligatory for

international tribunals; agreeing to recognize that the rights

of a state cannot be modified save with its consent, and

considering that sincere observance of the methods of peaceful

settlement of international disputes permits of resolving,

without recourse to force, questions which may become the cause

of divisions between states, have decided to embody in a treaty

their common intention in this respect.”

That ends the quotation.

Formal and categoric assurances of their good will towards

Czechoslovakia were both coming from the Nazi conspirators as late as

March 1938. On March 11 and 12, 1938, at the time of the annexation of

Austria, Germany had a considerable interest in inducing Czechoslovakia

not to mobilize. At this time the Defendant Göring assured Masaryk, the

Czechoslovak Minister in Berlin, on behalf of the German Government that

German-Czech relations were not adversely affected by the development in

Austria and that Germany had no hostile intentions towards

Czechoslovakia. As a token of his sincerity, Defendant Göring

accompanied his assurance with the statement, “Ich gebe Ihnen mein

Ehrenwort (I give you my word of honor).”

At the same time, the Defendant Von Neurath, who was handling German

foreign affairs during Ribbentrop’s stay in London, assured Masaryk, on

behalf of Hitler and the German Government, that Germany still

considered herself bound by the Arbitration Convention of 1925.

These assurances are contained in Document TC-27, another of the series

of documents which will be presented to the Tribunal by the British

prosecutor under Count Two of the Indictment.

Behind the screen of these assurances the Nazi conspirators proceeded

with their military and political plans for aggression. Ever since the

preceding fall it had been established that the immediate aim of German

policy was the elimination both of Austria and of Czechoslovakia. In

both countries the conspirators planned to undermine the will to resist

by propaganda and by Fifth Column activities, while the actual military

preparations were being developed.

The Austrian operation, which received priority for political and

strategic reasons, was carried out in February and March 1938.

Thenceforth the Wehrmacht planning was devoted to “Fall Grün” (Case

Green), the designation given to the proposed operation against

Czechoslovakia.

The military plans for Case Green had been drafted in outline from as

early as June 1937. The OKW top-secret directive for the unified

preparation of the Armed Forces for war—signed by Von Blomberg on June

24, 1937, and promulgated to the Army, Navy, and Luftwaffe for the year

beginning July 1, 1937,—included, as a probable war-like eventuality

for which a concentrated plan was to be drafted, Case Green, “War on two

fronts, with the main struggle in the southeast.”

This document—our Number C-175, Exhibit USA-69—was introduced in

evidence as part of the Austrian presentation and is an original carbon

copy, signed in ink by Von Blomberg. The original section of this

directive dealing with the probable war against Czechoslovakia—it was

later revised—opens with this supposition. I read _from the bottom_ of

Page 3 of the English translation of this directive, following the

heading II, and Subparagraph (1) headed “Suppositions”:

“The war in the East can begin with a surprise German operation

against Czechoslovakia in order to parry the imminent attack of

a superior enemy coalition. The necessary conditions to justify

such an action politically, and in the eyes of international law

must be created beforehand.”

After detailing possible enemies and neutrals in the event of such

action, the directive continues as follows:

“(2) _The task of the German Armed Forces_”—and that much is

underscored—“is to make their preparations in such a way that

the bulk of all forces can break into Czechoslovakia quickly, by

surprise, and with the greatest force, while in the West the

minimum strength is provided as rear-cover for this attack.

“The aim and object of this surprise attack by the German Armed

Forces should be to eliminate from the very beginning and for

the duration of the war, the threat by Czechoslovakia to the

rear of the operations in the West, and to take from the Russian

Air Force the most substantial portion of its operational base

in Czechoslovakia. This must be done by the defeat of the enemy

armed forces and the occupation of Bohemia and Moravia.”

The introduction to this directive sets forth as one of its guiding

principles the following statement—and I now read from Page 1 of the

English translation, that is, the third paragraph following Figure 1:

“Nevertheless, the politically fluid world situation, which does

not preclude surprising incidents, demands constant preparedness

for war on the part of the German Armed Forces:”—and then—“(a)

to counterattack at any time; (b) to make possible the military

exploitation of politically favorable opportunities should they

occur.”

This directive ordered further work on the plan for “mobilization

without public announcement.” I quote:

“. . . in order to put the Armed Forces in a position to be able

to begin a sudden war which will take the enemy by surprise, in

regard to both strength and time of attack.”

This is, of course, a directive for staff planning, but the nature of

the planning and the very tangible and ominous developments which

resulted from it, give it a significance that it would not have in

another setting.

Planning along the lines of this directive was carried forward during

the fall of 1937 and the winter of 1937-38. On the political level, this

planning for the conquest of Czechoslovakia received the approval and

support of Hitler in the conference with his military commanders on 5

November 1937, reported in the Hossbach minutes, to which I have

frequently heretofore referred.

In early March 1938, before the march into Austria, we find the

Defendants Ribbentrop and Keitel concerned over the extent of the

information about war aims against Czechoslovakia to be furnished to

Hungary. On 4 March 1938, Ribbentrop wrote to Keitel, enclosing for

General Keitel’s confidential cognizance the minutes of a conference

with Sztojay, the local Hungarian Ambassador, who had suggested an

interchange of views. This is Document 2786-PS, a photostat of the

original captured letter, which I now offer in evidence as Exhibit

USA-81. In his letter to Keitel, Ribbentrop said:

“I have many doubts about such negotiations. In case we should

discuss with Hungary possible war aims against Czechoslovakia,

the danger exists that other parties as well would be informed

about this. I would greatly appreciate it if you would notify me

briefly whether any commitments were made here in any respect.

With best regards and Heil Hitler.”

At the 21 April meeting between Hitler and Keitel, the account of which

I read last week and alluded to earlier this morning (Document 388-PS,

Item 2), specific plans for the attack on Czechoslovakia were discussed

for the first time. This meeting was followed, in the late spring and

summer of 1938, by a series of memoranda and telegrams advancing Case

Green (Fall Grün). Those notes and communications were carefully filed

at Hitler’s headquarters by the very efficient Colonel Schmundt, the

Führer’s military adjutant, and were captured by American troops in a

cellar at Obersalzberg, near Berchtesgaden. This file, which is

preserved intact, bears out Number 388-PS, and is United States Exhibit

Number 26. We affectionately refer to it as “Big Schmundt”—a large

file. The individual items in this file tell more graphically than any

narrative the progress of the Nazi conspirators’ planning to launch an

unprovoked and brutal war against Czechoslovakia. From the start the

Nazi leaders displayed a lively interest in intelligence data concerning

Czechoslovakian armament and defense. With the leave of the Tribunal I

shall refer to some of these items in the Big Schmundt file without

reading them. The documents to which I refer are Item 4 of the Schmundt

file, a telegram from Colonel Zeitzler, in General Jodl’s office of the

OKW, to Schmundt at Hitler’s headquarters.

THE PRESIDENT: Are you proposing not to read them?

MR. ALDERMAN: I hadn’t intended to read them in full, unless that may be

necessary.

THE PRESIDENT: I am afraid we must adhere to our decision.

MR. ALDERMAN: If the Tribunal please, I should simply wish to refer to

the title or heading of Item 12, which is headed, “Short Survey of

Armament of the Czech Army,” dated Berlin, 9 June 1938, and initialed

“Z” for Zeitzler, and Item 13, “Questions of the Führer,” dated Berlin,

9 June 1938, and classified “Most Secret.” I should like to read four of

the questions which Hitler wanted authoritative information about, as

shown by that document, and I read indicated questions on Pages 23, 24,

25, and 26 of Item 13 of Document 388-PS.

Question 1: Hitler asked about armament of the Czech Army. I don’t think

it necessary to read the answers. They are detailed answers giving

information in response to these questions posed by Hitler.

“Question 2: How many battalions, _et cetera_, are employed in

the West for the construction of emplacements?

“Question 3: Are the fortifications of Czechoslovakia still

occupied in unreduced strength?

“Question. 4: Frontier protection in the West.”

As I say, those questions were answered in detail by the OKW and

initialed by Colonel Zeitzler of Jodl’s staff.

As a precaution against French and British action during the attack on

Czechoslovakia, it was necessary for the Nazi conspirators to rush the

preparation of fortification measures along the western frontier in

Germany. I refer you to Item 8, at Page 12 of the Big Schmundt file, a

telegram presumably sent from Schmundt in Berchtesgaden to Berlin, and I

quote from this telegram. It is, as I say, Item 8 of the Schmundt file,

Page 12 of Document 388-PS: “Inform Colonel General Von Brauchitsch and

General Keitel.” And then, skipping a paragraph: “The Führer repeatedly

emphasized the necessity of pressing forward greatly the fortification

work in the West.”

In May, June, July, and August of 1938 conferences between Hitler and

his political and military advisors resulted in the issuance of a series

of constantly revised directives for the attack on Czechoslovakia. It

was decided that preparations for X-Day, the day of the attack, should

be completed no later than 1 October. I now invite the attention of the

Tribunal to the more important of these conferences and directives.

On 28 May 1938 Hitler called a conference of his principal advisors. At

this meeting he gave the necessary instructions to his fellow

conspirators to prepare the attack on Czechoslovakia. This fact Hitler

later publicly admitted. I now refer and invite the notice of the

Tribunal to Document 2360-PS, a copy of the _Völkischer Beobachter_ of

31 January 1939. In a speech before the Reichstag the preceding day,

reported in this newspaper, reading now from Document 2360-PS, Hitler

spoke as follows:

“On account of this intolerable provocation which had been

aggravated by a truly infamous persecution and terrorization of

our Germans there, I have determined to solve once and for all,

and this time radically, the Sudeten-German question. On 28 May

I ordered first: That preparation should be made for military

action against this state by 2 October. I ordered second: The

immense and accelerated expansion of our defensive front in the

West.”

Two days after this conference, on 30 May 1938, Hitler issued the

revised military directive for Case Green. This directive is Item 11 in

the Big Schmundt file, Document 388-PS. It is entitled, “Two-front War,

with Main Effort in the Southeast,” and this directive replaced the

corresponding section, Part 2, Section II, of the previous quote,

“Directive for Unified Preparation for War,” which had been promulgated

by Von Blomberg on 26 June 1937, which I have already introduced in

evidence as our Document C-175, United States Exhibit Number 69. This

revised directive represented a further development of the ideas for

political and military action discussed by Hitler and Keitel in their

conference on 21 April. It is an expansion of the rough draft submitted

by the Defendant Keitel to Hitler on 20 May, which may be found as Item

5 in the Schmundt file. It was signed by Hitler. Only five copies were

made. Three copies were forwarded with a covering letter from Defendant

Keitel to General Von Brauchitsch for the Army, to Defendant Raeder for

the Navy, and to Defendant Göring for the Luftwaffe. In his covering

memorandum Keitel noted that its execution must be assured—I quote: “As

from 1 October 1938 at the latest.” I now read from this document, which

is the basic directive under which the Wehrmacht carried out its

planning for Case Green, a rather lengthy quotation from the first page

of Item 11, Page 16 of the English version:

“1. Political prerequisites. It is my unalterable decision to

smash Czechoslovakia by military action in the near future. It

is the job of the political leaders to await or bring about the

politically and militarily suitable moment.

“An inevitable development of conditions inside Czechoslovakia

or other political events in Europe, creating a surprisingly

favorable opportunity and one which may never come again, may

cause me to take early action.

“The proper choice and determined and full utilization of a

favorable moment is the surest guarantee of success. Accordingly

the preparations are to be made at once.

“2. Political possibilities for the commencement of the action.

The following are necessary prerequisites for the intended

invasion:

“a. Suitable obvious cause and with it, b. sufficient political

justification, c. action unexpected by the enemy, which will

find him prepared in the least possible degree.

“From a military as well as a political standpoint the most

favorable course is a lightning-swift action as the result of an

incident through which Germany is provoked in an unbearable way

for which at least part of world opinion will grant the moral

justification of military action.

“But even a period of tension, more or less preceding a war,

must terminate in sudden action on our part, which must have the

elements of surprise as regards time and extent, before the

enemy is so advanced in military preparedness that he cannot be

surpassed.

“3. Conclusions for the preparation of Fall Grün.

“a. For the ‘armed war’ it is essential that the surprise

element, as the most important factor contributing to success,

be made full use of by appropriate preparatory measures, already

in peacetime and by an unexpectedly rapid course of the action.

Thus it is essential to create a situation within the first 2 or

3 days which plainly demonstrates to hostile nations, eager to

intervene, the hopelessness of the Czechoslovakian military

situation and which, at the same time, will give nations with

territorial claims on Czechoslovakia an incentive to intervene

immediately against Czechoslovakia. In such a case, intervention

by Poland and Hungary against Czechoslovakia may be expected,

especially if France—due to the obvious pro-German attitude of

Italy—fears, or at least hesitates, to unleash a European war

by intervening against Germany. Attempts by Russia to give

military support to Czechoslovakia mainly by the Air Force are

to be expected. If concrete successes are not achieved by the

land operations within the first few days, a European crisis

will certainly result. This knowledge must give commanders of

all ranks the impetus to decided and bold action.

“b. The Propaganda War must on the one hand intimidate

Czechoslovakia by threats and wear down her power of resistance;

on the other hand issue directions to national groups for

support in the ‘armed war’ and influence the neutrals into our

way of thinking. I reserve further directions and determination

of the date.

“4. Tasks of the Armed Forces. Armed Forces preparations are to

be made on the following basis:

“a. The mass of all forces must be employed against

Czechoslovakia.

“b. For the West, a minimum of forces are to be provided as rear

cover which may be required, the other frontiers in the East

against Poland and Lithuania are merely to be protected, the

southern frontiers to be watched.

“c. The sections of the Army which can be rapidly employed must

force the frontier fortifications with speed and decision and

must break into Czechoslovakia with the greatest daring in the

certainty that the bulk of the mobile army will follow them with

the utmost speed. Preparations for this are to be made and timed

in such a way that the sections of the army which can be rapidly

employed cross the frontier at the appointed time, at the same

time as the penetration by the Air Force, before the enemy can

become aware of our mobilization. For this, a timetable between

Army and Air Force is to be worked out in conjunction with OKW

and submitted to me for approval.

“5. Missions for the branches of the Armed Forces.

“a. Army. The basic principle of the surprise attack against

Czechoslovakia must not be endangered nor the initiative of the

Air Force be wasted by the inevitable time required for

transporting the bulk of the field forces by rail. Therefore it

is first of all essential to the Army that as many assault

columns as possible be employed at the same time as the surprise

attack by the Air Force. These assault columns—the composition

of each, according to their tasks at that time—must be formed

with troops which can be employed rapidly owing to their

proximity to the frontier or to motorization and to special

measures of readiness. It must be the purpose of these thrusts

to break into the Czechoslovakian fortification lines at

numerous points and in a strategically favorable direction, to

achieve a break-through, or to break them down from the rear.

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. The

bulk of the army has the task of frustrating the Czechoslovakian

plan of defense, of preventing the Czechoslovakian army from

escaping . . .”

THE PRESIDENT: Is it necessary to read all this detail?

MR. ALDERMAN: I was just worried about not getting it into the

transcript.

THE PRESIDENT: It seems to me that this is all detail, that before you

pass from the document you ought to read the document on Page 15, which

introduces it and which gives the date of it.

MR. ALDERMAN: I think so. It is a letter dated:

“Berlin, 30 May 1938; copy of the fourth copy; Supreme Commander

of the Armed Forces; most secret; access only through officer;

written by an officer. Signed Keitel; distributed to C-in-C

Army, C-in-C Navy, C-in-C Air Force.

“By order of the Supreme Commander of the Armed Forces, Part 2,

Section II, of the directive on the unified preparations for war

of the Armed Forces dated 24 June 1937, (Ob. d. W)”—with some

symbols, including “Chefsache” (top secret)—“(two-front war

with main effort on the Southeast—strategic concentration

Green) is to be replaced by the attached version. Its execution

must be assured as from 1 October 1938 at the latest.

Alterations in other parts of the directives must be expected

during the next week.

“By order of Chief of the Supreme Command of the Armed Forces,

signed, Keitel.

“Certified a true copy, Zeitzler, Oberstleutnant on the General

Staff.”

In line with the suggestion of the presiding Justice, I shall omit the

detailed instructions which are set out for action by the Luftwaffe and

by the Navy, and I turn next to the last paragraph of the directive,

which will be found on Page 19 of the English version:

“In war economy it is essential that in the field of the

armament industry a maximum deployment of forces is made

possible through increased supplies. In the course of

operations, it is of value to contribute to the reinforcement of

the total war—economic strength—by rapidly reconnoitering and

restarting important factories. For this reason the sparing of

Czechoslovakian industrial and factory installations, insofar as

military operations permit, can be of decisive importance to

us.”

In other words, the Nazi conspirators, 4 months before the date of their

planned attack, were already looking forward to the contribution which

the Czech industrial plant would make to further Nazi war efforts and

economy.

And the final paragraph of this directive, Paragraph 7, on Page 19:

“All preparations for sabotage and insurrection will be made by

OKW. They will be made, in agreement with, and according to, the

requirement of the branches of the Armed Forces, so that their

effects accord with the operations of the Army and Air Force as

to time and locality.

“Signed Adolf Hitler.

“Certified a true copy, Zeitzler, Oberstleutnant on the General

Staff.”

Three weeks later, on 18 June 1938, a draft for a new directive was

prepared and initialed by the Defendant Keitel. This is Item 14 at Pages

27 to 32 of the Big Schmundt file. It did not supersede the 30 May

directive. I shall read the third and fifth paragraphs on Page 28 of the

English translation, and the last paragraph on Page 29:

“The immediate aim is a solution of the Czech problem by my own

free decision; this stands in the foreground of my political

intentions. I am determined as from 1 October 1938 to use to the

full every favorable political opportunity to realize this aim.”

Then skipping a paragraph:

“However, I will decide to take action against Czechoslovakia

only if I am firmly convinced, as in the case of the occupation

of the demilitarized zone and the entry into Austria, that

France will not march and therefore England will not intervene.”

And then skipping to the last paragraph on the 29th page:

“The directives necessary for the prosecution of the war itself

will be issued by me from time to time.”

“K”—initial of Keitel, and—“Z”—initial of Zeitzler.

The second and third parts of this directive contain general directions

for the deployment of troops and for precautionary measures in view of

the possibility that during the execution of the Fall Grün (or Case

Green) France or England might declare war on Germany. Six pages of

complicated schedules which follow this draft in the original have not

been translated into English. These schedules, which constitute Item 15

in the Schmundt file, give a timetable of specific measures for the

preparation of the Army, Navy, and Luftwaffe for the contemplated

action.

Corroboration for the documents in the Schmundt file is found in General

Jodl’s diary, our Document Number 1780-PS and United States Exhibit

Number 72, from which I quoted portions during the Austrian

presentation. I now quote from three entries in this diary written in

the spring of 1938. Although the first entry is not dated it appears to

have been written several months after the annexation of Austria, and

here I read under the heading on Page 3 of the English translation:

“Later undated entry:

“After annexation of Austria the Führer mentions that there is

no hurry to solve the Czech question, because Austria had to be

digested first. Nevertheless, preparations for Case Green will

have to be carried out energetically. They will have to be newly

prepared on the basis of the changed strategic position because

of the annexation of Austria. State of preparation, see

Memorandum L-1-A of 19 April, reported to the Führer on 21

April.

“The intention of the Führer not to touch the Czech problem as

yet will be changed because of the Czech strategic troop

concentration of 21 May, which occurs without any German threat

and without the slightest cause for it. Because of Germany’s

self-restraint the consequences lead to a loss of prestige for

the Führer, which he is not willing to take once more.

Therefore, the new order is issued for Green on 30 May.”

And then the entry, 23 May:

“Major Schmundt reports ideas of the Führer. . . . Further

conferences, which gradually reveal the exact intentions of the

Führer, take place with the Chief of the Armed Forces High

Command (OKW) on 28 May, 3 and 9 June,—see inclosures (War

Diary).”

Then the entry of 30 May:

“The Führer signs directive Green, where he states his final

decision to destroy Czechoslovakia soon and thereby initiates

military preparation all along the line. The previous intentions

of the Army must be changed considerably in the direction of an

immediate break-through into Czechoslovakia right on

D-Day”—X-Tag—“combined with aerial penetration by the Air

Force.

“Further details are derived from directive for strategic

concentration of the Army. The whole contrast becomes acute once

more between the Führer’s intuition that we must do it this

year, and the opinion of the Army that we cannot do it as yet,

as most certainly the Western Powers will interfere and we are

not as yet equal to them.”

During the spring and summer of 1938 the Luftwaffe was also engaged in

planning in connection with the forthcoming Case Green and the further

expansion of the Reich.

I now offer in evidence Document R-150, as United States Exhibit 82.

This is a top-secret document dated 2 June 1938, issued by Air Group

Command 3, and entitled “Plan Study 1938, Instruction for Deployment and

Combat, ‘Case Red.’”

“Case Red” is the code name for action against the Western Powers if

need be. Twenty-eight copies of this document were made, of which this

is number 16. This is another staff plan, this time for mobilization and

employment of the Luftwaffe in the event of war with France. It is given

significance by the considerable progress by this date of the planning

for the attack on Czechoslovakia.

I quote from the second paragraph on Page 3 of the English translation,

referring to the various possibilities under which war with France may

occur. You will note that they are all predicated on the assumption of a

German-Czech conflict.

“France will either (a) interfere in the struggle between the

Reich and Czechoslovakia in the course of Case Green, or (b)

start hostilities simultaneously with Czechoslovakia. (c) It is

possible but not likely that France will begin the fight while

Czechoslovakia still remains aloof.”

And then, reading down lower on the page under the heading “Intention”:

“Regardless of whether France enters the war as a result of Case

Green or whether she makes the opening move of the war

simultaneously with Czechoslovakia, in any case the mass of the

German offensive formations will, in conjunction with the Army,

first deliver the decisive blow against Czechoslovakia.”

By mid-summer direct and detailed planning for Case Green was being

carried out by the Luftwaffe. In early August, at the direction of the

Luftwaffe General Staff, the German Air Attaché in Prague reconnoitered

the Freudenthal area of Czechoslovakia south of Upper Silesia for

suitable landing grounds.

I offer in evidence Document 1536-PS as Exhibit USA-83, a report of the

Luftwaffe General Staff, Intelligence Division, dated 12 August 1938.

This was a top-secret document for general officers only, of which only

two copies were made.

Attached as an enclosure was the report of Major Moericke, the German

Attaché in Prague, dated 4 August 1938. I quote the first four

paragraphs of the enclosure:

“I was ordered by the General Staff of the Air Force to

reconnoiter the land in the region Freudenthal-Freihermersdorf

. . .”

THE PRESIDENT: Page 3 of the document?

MR. ALDERMAN: Yes. “. . . for landing possibilities.

“For this purpose I obtained private lodgings in Freudenthal

with the manufacturer Macholdt, through one of my trusted men in

Prague.

“I had specifically ordered this man to give no details about me

to Macholdt, particularly about my official position.

“I used my official car (Dienst Pkw) for the journey to

Freudenthal taking precautions against being observed.”

By 25 August the imminence of the attack on Czechoslovakia compelled the

issuance by the Luftwaffe of a detailed intelligence memorandum,

entitled “Extended Case Green”; in other words, an estimate of possible

action by the Western Powers during the attack on Czechoslovakia.

I now offer this document in evidence, Number 375-PS as Exhibit USA-84.

This is a top-secret memorandum of the Intelligence Section of the

Luftwaffe, General Staff, dated Berlin, 25 August 1938. Based on the

assumption that Great Britain and France would declare war on Germany

during Case Green, this study contains an estimate of the strategy and

air strength of the Western Powers as of 1 October 1938, the target date

for Case Green. I quote the first two sentences of the document. That is

under the heading “Initial Political Situation”:

“The basic assumption is that France will declare war during the

Case Green. It is presumed that France will decide upon war only

if active military assistance by Great Britain is definitely

assured.”

Now, knowledge of the pending or impending action against Czechoslovakia

was not confined to a close circle of high officials of the Reich and

the Nazi Party. During the summer Germany’s allies, Italy and Hungary,

were apprised by one means or another of the plans of the Nazi

conspirators. I offer in evidence Document 2800-PS as Exhibit USA-85.

This is a captured document from the German Foreign Office files, a

confidential memorandum of a conversation with the Italian Ambassador

Attolico, in Berlin on 18 July 1938. At the bottom is a handwritten note

headed “For the Reichsminister only”, and the Reichsminister was the

Defendant Ribbentrop. I now read this note. I read from the note the

third and fourth paragraphs:

“Attolico added that we had made it unmistakably clear to the

Italians what our intentions are regarding Czechoslovakia. He

also knew the appointed time well enough so that he could take

perhaps a 2 months’ holiday now which he could not do later on.

“Giving an idea of the attitude of other governments, Attolico

mentioned that the Romanian Government had refused to grant

application for leave to its Berlin Minister.”

THE PRESIDENT: Would this be a convenient time to break off for 10

minutes?

MR. ALDERMAN: Yes, Sir.

[_A recess was taken._]

MR. ALDERMAN: May it please the Tribunal, a month later Mussolini sent a

message to Berlin asking that he be told the date on which Case Green

would take place. I offer in evidence Document Number 2791-PS as Exhibit

USA-86, a German Foreign Office note on a conversation with Ambassador

Attolico. This note is signed “R” for Ribbentrop and dated 23 August

1938. I now read two paragraphs from this memorandum:

“On the voyage of the _Patria_ Ambassador Attolico explained to

me that he had instructions to request the notification of a

contemplated time for German action against Czechoslovakia from

the German Government.

“In case the Czechs should again cause a provocation against

Germany, Germany would march. This would be tomorrow, in 6

months, or perhaps in a year. However, I could promise him that

the German Government, in case of an increasing gravity of the

situation or as soon as the Führer made his decision, would

notify the Italian Chief of Government as rapidly as possible.

In any case, the Italian Government will be the first one who

will receive such a notification.”

THE PRESIDENT: You did not tell us what the initial was, did you?

MR. ALDERMAN: The initial “R” for Ribbentrop, and the date 23 August

1938.

Four days later Attolico again asked to be notified of the date of the

pending attack. I offer Document Number 2792-PS as Exhibit

USA-87—another German Foreign Office memorandum, and from that document

I read three paragraphs under the heading “R. M. 251.”

“Ambassador Attolico paid me a visit today at 12 o’clock to

communicate the following:

“He had received another written instruction from Mussolini

asking that Germany communicate in time the probable date of

action against Czechoslovakia. Mussolini asked for such

notification, as Mr. Attolico assured me, in order ‘to be able

to take in due time the necessary measures on the French

frontier.’ Berlin, 27 August 1938; ‘R’”—for Ribbentrop, and

then:

“N. B. I replied to Ambassador Attolico, just as on his former

démarche, that I could not impart any date to him; that,

however, in any case Mussolini would be the first one to be

informed of any decision. Berlin, 2 September 1938.”

Hungary, which borders Czechoslovakia to the southeast, was from the

first considered to be a possible participant in Case Green. You will

recall that in early March 1938 Defendants Keitel and Ribbentrop had

exchanged letters on the question of bringing Hungary into the Nazi

plan. At that time the decision was in the negative, but by mid-August

1938 the Nazi conspirators were attempting to persuade Hungary to join

in the attack.

From August 21 to 26 Admiral Horthy and some of his ministers visited

Germany. Inevitably there were discussions of the Czechoslovak question.

I now offer Document 2796-PS as Exhibit USA-88. This is a captured

German Foreign Office account signed by Von Weizsäcker of the

conversations between Hitler and Ribbentrop and a Hungarian Delegation

consisting of Horthy, Imredy, and Kanya aboard the S. S. _Patria_ on 23

August 1938. In this conference Ribbentrop inquired about the Hungarian

attitude in the event of a German attack on Czechoslovakia and suggested

that such an attack would prove to be a good opportunity for Hungary.

The Hungarians, with the exception of Horthy, who wished to put the

Hungarian intention to participate on record, proved reluctant to commit

themselves. Thereupon Hitler emphasized Ribbentrop’s statement and said

that whoever wanted to join the meal would have to participate in the

cooking as well. I now quote from this document the first two

paragraphs:

“While in the forenoon of the 23rd of August the Führer and the

Regent of Hungary were engaged in a political discussion, the

Hungarian Ministers Imredy and Kanya were in conference with Von

Ribbentrop. Von Weizsäcker also attended the conference.

“Von Kanya introduced two subjects for discussion: Point 1, the

negotiations between Hungary and the Little Entente; and 2, the

Czechoslovakian problem.”

Then I skip two paragraphs and read the fifth paragraph:

“Von Ribbentrop inquired what Hungary’s attitude would be if the

Führer would carry out his decision to answer a new Czech

provocation by force. The reply of the Hungarians presented two

kinds of obstacles: The Yugoslavian neutrality must be assured

if Hungary marches towards the north and perhaps the east;

moreover, the Hungarian rearmament had only been started and one

to two more years time for its development should be allowed.

“Von Ribbentrop then explained to the Hungarians that the

Yugoslavs would not dare to march while they were between the

pincers of the Axis Powers. Romania alone would therefore not

move. England and France would also remain tranquil. England

would not recklessly risk her empire. She knew our newly

acquired power. In reference to time, however, for the

above-mentioned situation, nothing definite could be predicted

since it would depend on Czech provocation. Von Ribbentrop

repeated that, ‘Whoever desires revision must exploit the good

opportunity and participate.’

“The Hungarian reply thus remained a conditional one. Upon the

question of Von Ribbentrop as to what purpose the desired

General Staff conferences were to have, not much more was

brought forward than the Hungarian desire of a mutual inventory

of military material and preparedness for the Czech conflict.

The clear political basis for such a conflict—the time of a

Hungarian intervention—was not obtained.

“In the meantime, more positive language was used by Von Horthy

in his talk with the Führer. He wished not to hide his doubts

with regard to the English attitude, but he wished to put on

record Hungary’s intention to participate. The Hungarian

Ministers were, and remained even later, more skeptical since

they feel more strongly about the immediate danger for Hungary

with its unprotected flanks.

“When Von Imredy had a discussion with the Führer in the

afternoon he was very relieved when the Führer explained to him

that in regard to the situation in question he demanded nothing

of Hungary. He himself would not know the time. Whoever wanted

to join the meal would have to participate in the cooking as

well. Should Hungary wish conferences of the General Staffs he

would have no objections.”

I think perhaps that sentence, “Whoever wanted to join the meal would

have to participate in the cooking as well,” is perhaps as cynical a

statement as any statesman has ever been guilty of.

By the third day of the conference the Germans were able to note that,

in the event of a German-Czech conflict, Hungary would be sufficiently

armed for participation on 1 October. I now offer in evidence Document

Number 2797-PS as Exhibit USA-89, another captured German Foreign Office

memorandum of a conversation between Ribbentrop and Kanya on 25 August

1938. You will note that the English mimeographed translation bears the

date 29 August. That is incorrect; it should read 25 August. I read the

last paragraph from that document, or the last two:

“Concerning Hungary’s military preparedness in case of a

German-Czech conflict Von Kanya mentioned several days ago that

his country would need a period of one to two years in order to

develop adequately the armed strength of Hungary.

“During today’s conversation Von Kanya corrected this remark and

said that Hungary’s military situation was much better. His

country would be ready, as far as armaments were concerned, to

take part in the conflict by October 1 of this year.”—Signed

with an illegible signature which probably is that of

Weizsäcker.

The account of the German-Hungarian conference again finds its

corroboration in General Jodl’s diary, Document Number 1780-PS, from

which I have already several times read. The entry in that diary for 21

to 26 August on Page 4 of the English version of the document reads as

follows:

“Visit to Germany of the Hungarian Regent. Accompanied by the

Prime Minister, the Minister of Foreign Affairs, and the War

Minister Von Raatz.

“They arrived with the idea that in the course of a great war

after a few years, and with the help of German troops, the old

State of Hungary can be re-established. They leave with the

understanding that we have neither demands from them nor claims

against them, but that Germany will not stand for a second

provocation by Czechoslovakia, even if it should be tomorrow. If

they want to participate at that moment, it is up to them.

“Germany, however, will never play the role of arbitrator

between them and Poland. The Hungarians agree; but they believe

that when the issue arises a period of 48 hours would be

indispensable to them to find out Yugoslavia’s attitude.”

The upshot of the talks with the Hungarians proved to be a staff

conference on 6 September.

I quote again from Jodl’s diary, the entry for 6 September, beginning at

the end of that same page:

“Chief of General Staff, General of Artillery Halder, has a

conference with the Hungarian Chief of General Staff Fischer.

Before that he is briefed by me on the political attitude of the

Führer, especially his order not to give any hint on the exact

moment. The same with OAI, General Von Stülpnagel.”

It is somewhat interesting to find a high-ranking general giving a

briefing on such political matters.

Then we come to final actual preparations for the attack. With a 1

October target date set for Case Green, there was a noticeable increase

in the tempo of the military preparations in late August and September.

Actual preparations for the attack on Czechoslovakia were well under

way. The agenda of the Nazi conspirators was devoted to technical

details, the timing of “X-days,” questions of mobilization, questions of

transport and supplies.

On 26 August the Defendant Jodl initialed a memorandum entitled, “Timing

of the X-Order and the Question of Advance Measures.” This is Item 17 at

Pages 37 and 38 of the English translation of the Schmundt file on Case

Green, our Number 388-PS.

I should like to invite the special attention of the Tribunal to this

memorandum. It demonstrates beyond the slightest doubt the complicity of

the OKW and of Defendant Keitel and Jodl in the shameful fabrication of

an incident as an excuse for war. It reveals in bare outline the deceit,

the barbarity, the completely criminal character of the attack that

Germany was preparing to launch.

I ask leave to read this document in full:

“Chief Section L; for chiefs only; written by General Staff

officer; top secret; note on progress of report; Berlin, 24

August 1938; access only through officer; 1 copy.

“Timing of the X-Order and the Question of Advance Measures.

“The Luftwaffe’s endeavor to take the enemy air forces by

surprise at their peacetime airports justifiably leads them to

oppose measures taken in advance of the X-Order and to demand

that the X-Order itself be given sufficiently late on X minus 1

to prevent the fact of Germany’s mobilization becoming known to

Czechoslovakia on that day.

“The Army’s efforts are tending in the opposite direction. It

intends to let OKW initiate all advance measures between X minus

3 and X minus 1 which will contribute to the smooth and rapid

working of the mobilization. With this in mind OKH also demands

that the X-Order be given to the Army not later than 1400 on X

minus 1.

“To this the following must be said:

“‘Operation Green’”—or Aktion Grün—“will be set in motion by

means of an ‘incident’ in Czechoslovakia which will give Germany

provocation for military intervention. The fixing of the exact

time for this incident is of the utmost importance.”—I call

special attention to that sentence—“The fixing of the exact

time for this incident is of the utmost importance.

“It must come at a time when the over-all meteorological

conditions are favorable for our superior air forces to go into

action and at an hour which will enable authentic news of

it”—news of this prepared incident—“to reach us on the

afternoon of X minus 1.

“It can then be spontaneously answered by the giving of the

X-Order at 1400 on X minus 1.

“On X minus 2 the Navy, Army, and Air Force will merely receive

an advance warning.

“If the Führer intends to follow this plan of action, all

further discussion is superfluous.

“For then no advance measures may be taken before X minus 1 for

which there is not an innocent explanation as we shall otherwise

appear to have manufactured the incident. Orders for absolutely

essential advance measures must be given in good time and

camouflaged with the help of numerous maneuvers and exercises.

“Also, the question raised by the Foreign Office as to whether

all Germans should be called back in time from prospective enemy

territories must in no way lead to the conspicuous departure

from Czechoslovakia of any German subjects before the incident.

“Even a warning of diplomatic representatives in Prague is

impossible before the first air attack, although the

consequences could be very grave in the event of their becoming

victims of such an attack (that is the death of representatives

of friendly or confirmed neutral powers).

“If, for technical reasons, the evening hours should be

considered desirable for the incident, then the following day

cannot be X-Day, but it must be the day after that.

“In any case we must act on the principle that nothing must be

done before the incident which might point to mobilization, and

that the swiftest possible action must be taken after the

incident (X-Fall).

“It is the purpose of these notes to point out what a great

interest the Wehrmacht has in the incident and that it must be

informed of the Führer’s intentions in good time—insofar as the

Abwehr Section is not also charged with the organization of the

incident.

“I request that the Führer’s decision be obtained on these

points.”—Signed—“J”—(Jodl).

In handwriting, at the bottom of the page of that document, are the

notes of the indefatigable Schmundt, Hitler’s adjutant. These reveal

that the memorandum was submitted to Hitler on August 30; that Hitler

agreed to act along these lines, and that Jodl was so notified on 31

August. There follows Jodl’s initials once more.

On 3 September Keitel and Von Brauchitsch met with Hitler at the

Berghof. Again Schmundt kept notes of the conference. These will be

found as Item 18 at Pages 39 and 40 of the Document Number 388-PS. I

shall read the first three short paragraphs of these minutes:

“Colonel General Von Brauchitsch reports on the exact time of

the transfer of the troops to ‘exercise areas’ for ‘Grün’. Field

units to be transferred on 28 September. From here will then be

ready for action. When X-Day becomes known field units carry out

exercises in opposite directions.

“Führer has objection. Troops assemble field units a 2-day march

away. Carry out camouflage exercises everywhere.”—Then there is

a question mark.—“OKH must know when X-Day is by 1200 noon, 27

September.”

You will note that Von Brauchitsch reported that field troops would be

transferred to the proper areas for Case Green on 28 September and would

then be ready for action. You will also note that the OKH must know when

X-Day is by 12 noon on 27 September.

During the remainder of the conference Hitler gave his views on the

strategy the German armies should employ and the strength of the Czech

defenses they would encounter. He spoke of the possibility, and I quote,

“of drawing in the Henlein people.” The situation in the West still

troubled him. Schmundt further noted, and here I read the final sentence

from Page 40 of the English transcript:

“The Führer gives orders for the development of the Western

fortifications: Improvement of advance positions around Aachen

and Saarbrücken; construction of 300 to 400 battery positions

(1600 artillery pieces). He emphasizes flanking action.”

Five days later General Stülpnagel asked Defendant Jodl for written

assurance that the OKH would be informed 5 days in advance about the

impending action. In the evening Jodl conferred with Luftwaffe generals

about the co-ordination of ground and air operations at the start of the

attack. I now read the 8 September entry in General Jodl’s diary, Page 5

of the English translation of Document 1780-PS.

“General Stülpnagel, OAI, asks for written assurance that the

Army High Command will be informed 5 days in advance if the plan

is to take place. I agree and add that the over-all

meteorological situation can be estimated to some extent only

for 2 days in advance and that therefore the plans may be

changed up to this moment (X-Day minus 2)”—or as the German

puts it—“X-2 Tag.”

“General Stülpnagel mentions that for the first time he wonders

whether the previous basis of the plan is not being abandoned.

It presupposed that the Western Powers would not interfere

decisively. It gradually seems as if the Führer would stick to

his decision, even though he may no longer be of this opinion.

It must be added that Hungary is at least moody and that . . .

Italy is reserved.”

Now, this is Jodl talking:

“I must admit that I am worrying, too, when comparing the change

of opinion about political and military potentialities,

according to directives of 24 June ’37, 5 November ’37, 7

December ’37, 30 May 1938, with the last statements. In spite of

that, one must be aware of the fact that the other nations will

do everything they can to apply pressure on us. We must pass

this test of nerves, but because only very few people know the

art of withstanding this pressure successfully, the only

possible solution is to inform only a very small circle of

officers of news that causes us anxiety, and not to have it

circulate through anterooms as heretofore.

“1800 hours to 2100 hours: Conference with Chief of High Command

of Armed Forces and Chief of General Staff of the Air Force.

(Present were General Jeschonnek, Kammhuber, Sternburg, and

myself). We agree about the promulgation of the X-Day

order”—X-Befehl—“(X-1, 4 o’clock) and pre-announcement to the

Air Force (X-Day minus 1”—X minus 1 day—“7 o’clock). The ‘Y’

time has yet to be examined; some formations have an approach

flight of one hour.”

Late on the evening of the following day, 9 September, Hitler met with

Defendant Keitel and Generals Von Brauchitsch and Halder at Nuremberg.

Dr. Todt, the construction engineer, later joined this conference, which

lasted from 10 in the evening until 3:30 the following morning.

Schmundt’s minutes on this conference are Item 19 in the large Schmundt

file, on Pages 41 to 43 of Document 388-PS.

In this meeting General Halder reviewed the missions assigned to four of

the German armies being committed to the attack, the 2d, the 10th, the

12th and the 14th German Armies. With his characteristic enthusiasm for

military planning, Hitler then delivered a soliloquy on strategic

considerations, which should be taken into account as the attack

developed. I shall quote only four paragraphs, beginning with the

summary of General Von Brauchitsch’s remarks, on the bottom of Page 42:

“General Oberst Von Brauchitsch: ‘Employment of motorized

divisions was based on the difficult rail situation in Austria

and the difficulties in getting other divs’”—that is for

divisions—“‘ready to march into the area at the right time. In

the West vehicles will have to leave on the 20th of September,

if X-Day remains as planned. Workers leave on the 23d, by

relays. Specialist workers remain according to decision by Army

Command II.’

“The Führer: ‘Does not see why workers have to return home as

early as X-11. Other workers and people are also on the way on

mobilization day. Also the railroad cars will stand around

unnecessarily later on.’

“General Keitel: ‘Workers are not under the jurisdiction of

district commands in the West. Trains must be assembled.’

“Von Brauchitsch: ‘235,000 men RAD (Labor Service) will be

drafted, 96 construction battalions will be distributed (also in

the East). 40,000 trained laborers stay in the West.’”

From this day forward the Nazi conspirators were occupied with the

intricate planning which is required before such an attack. On 11

September Defendant Jodl conferred with a representative of the

Propaganda Ministry about methods of refuting German violations of

international law and of exploiting those of the Czechs. I read the 11

September entry in the Jodl diary at Page 5 of the English translation

of 1780-PS:

“In the afternoon conference with Secretary of State Hahnke, for

the Ministry of Public Enlightenment and Propaganda on imminent

common tasks. These joint preparations for

refutation”—Widerlegung—“of our own violations of

international law, and the exploitation of its violations by the

enemy, were considered particularly important.”

This discussion developed into a detailed study compiled by Section L,

that is, Jodl’s section of the OKW.

I now offer in evidence Document C-2 as Exhibit USA-90, which is a

carbon copy of the original, signed in pencil. Seven copies of this

captured document, as it shows on its face, were prepared and

distributed on 1 October 1938 to the OKH, the OKM, the Luftwaffe, and

the Foreign Office.

In this study anticipated violations by Germany of international law in

connection with the invasion of Czechoslovakia are listed and

counterpropaganda suggested for the use of the propaganda agencies. It

is a highly interesting top-secret document and with a glance at the

original you can see the careful form in which the study of anticipated

violations of international law and propagandists refutations thereof

were set out.

The document is prepared in tabular form, in which the anticipated

instances of violation of international law are listed in the left hand

column. In the second column are given specific examples of the

incidents. In the third and fourth column the position to be taken

toward these incidents, in violation of international law and in

violation of the laws of warfare, is set forth.

The fifth column, which in this document unfortunately is blank, was

reserved for the explanations to be offered by the Propaganda Minister.

I first quote from the covering letter:

“Enclosed is a list drawn up by Section L of the OKW, of the

violations of international law which may be expected on the

part of fighting troops.

“Owing to the short time allowed for the compilation, Columns

c-1 and c-2 had to be filled in directly therefore, for the time

being.

“The branches of the Armed Forces are requested to send in an

opinion so that a final version may be drawn up.

“The same is requested of the Foreign Office.

“The Chief of the Supreme Command of the Armed Forces.

“By order”—signed—“Bürckner.”

I am sorry that I perhaps cannot take the time to read extensively from

this document. I shall confine myself to reading the first 10

hypothetical incidents for which justification must be found from the

second column, Column b of the table:

“First: In an air raid on Prague the British Embassy is

destroyed.

“Second: Englishmen or Frenchmen are injured or killed.

“Third: The Hradschin is destroyed in an air raid on Prague.

“Fourth: On account of a report that the Czechs have used gas,

the firing of gas projectiles is ordered.

“Fifth: Czech civilians, not recognizable as soldiers, are

caught in the act of sabotage (destruction of an important

bridge, destruction of foodstuffs and fodder) are discovered

looting wounded or dead soldiers and thereupon shot.

“Sixth: Captured Czech soldiers or Czech civilians are detailed

to do road work or to load munitions, and so forth.

“Seventh: For military reasons it is necessary to requisition

billets, foodstuffs, and fodder from the Czech population. As a

result, the latter suffer from want.

“Eighth: Czech population is, for military reasons, compulsorily

evacuated to the rear area.

“Ninth: Churches are used for military accommodations.

“Tenth: In the course of their duty, German aircraft fly over

Polish territory where they are involved in an air battle with

Czech aircraft.”

From Nuremberg on the 10th of September, Hitler issued an order bringing

the Reichsarbeitsdienst (the German Labor Service) under the OKW. This

top-secret order . . .

THE PRESIDENT: Are you passing from that document now?

MR. ALDERMAN: Yes.

THE PRESIDENT: Would you read the classification with reference to gas?

MR. ALDERMAN: Perhaps I should, Sir.

THE PRESIDENT: It is number 4.

MR. ALDERMAN: Incident number 4?

THE PRESIDENT: Yes.

MR. ALDERMAN: Well, number 4 was the supposed incident. “On account of a

report that the Czechs have used gas, the firing of gas projectiles is

ordered.” Under the column, “Attitude of International Law Group”:

“According to the declaration agreed to in June 1925 by 40

states, including Czechoslovakia, the employment of poison

gases, chemical warfare agents, and bacteriological substances

is expressly forbidden. Quite a number of states made the

reservation to this declaration on the prohibition of gas

warfare.”

Then, under the column headed “Justification by the Laws of War”:

“If the assertion, that the opponent—in this case the

Czechs—used a prohibited gas in warfare, is to be believed by

the world, it must be possible to prove it. If that is possible,

the firing of gas projectiles is justified, and it must be given

out in public that it can be proved that the enemy was the first

to violate the prohibition. It is therefore particularly

important to furnish this proof. If the assertion is unfounded

or only partially founded, the gas attack is to be represented

only as the need for carrying out a justified reprisal, in the

same way as the Italians did in the Abyssinian war. In this

case, however, the justification for such harsh reprisals must

also be proved.”

From Nuremberg on the 10th of September, Hitler issued an order bringing

the Reichsarbeitsdienst (the German Labor Service) under the OKW . . .

THE PRESIDENT: There is another short passage which seems to be

material.

MR. ALDERMAN: I was very much tempted to read the whole document.

THE PRESIDENT: The justification of number 10.

MR. ALDERMAN: Number 10 was, “In course of their duty, German aircraft

fly over Polish territory where they are involved in an air battle with

Czech aircraft.”

Under the heading, “Attitude of the International Law Group”:

“According to Article 1 of the Fifth Hague Convention of 18

October 1907, the territory of neutral powers is not to be

violated. A deliberate violation by flying over this territory

is a breach of international law if the neutral powers have

declared an air barrier for combat aircraft. If German planes

fly over Polish territory this constitutes a violation of

international law, provided that this action is not expressly

permitted.”

Now, under the heading, “Justification by the Laws of War,” is this:

“An attempt at denials should first be made; if this is

unsuccessful a request for pardon should be made (on the grounds

of miscalculation of position) to the Polish Government and

compensation for damage guaranteed.”

I had referred to an order issued by Hitler on 10 September 1938 from

Nuremberg, bringing the German Labor Service under the OKW. This

top-secret order, of which 25 copies were made, is Item 20 in the

Schmundt file, Page 44. I will read that order:

“1. The whole RAD organization comes under the command of the

Supreme Command of the Army effective 15 September.

“2. The Chief of OKW decides on the first commitments of this

organization in conjunction with the Reich Labor Leader

(Reichsarbeitsführer) and on assignments from time to time to

the Supreme Commands of the Navy, Army, and Air Force. Where

questions arise with regard to competency he will make a final

decision in accordance with my instructions.

“3. For the time being this order is to be made known only to

the departments and personnel immediately concerned.

“Signed, Adolf Hitler.”

Four days later, on 14 September, Defendant Keitel issued detailed

instructions for the employment of specific RAD units. This order is

Item 21 in the Schmundt file, at Page 45 in the English translation. I

do not think I need read the order.

There is another order issued by the Defendant Jodl on 16 September,

Item 24, at Page 48 in the Schmundt file. I think I need only read the

heading or title of that:

“Subject: Employment of Reich Labor Service for maneuvers with

Wehrmacht. Effective 15 September the following units will be

trained militarily under direction of the Commander-in-Chief of

the Army.”

Two further entries in the Defendant Jodl’s diary give further

indications of the problems of the OKW in this period of mid-September,

just 2 weeks before the anticipated X-Day.

I now read the answers for the 15th and 16th September, at Pages 5 and 6

of the English translation of the Jodl diary.

“15 September: In the morning, conference with Chief of Army

High Command and Chief of General Staffs of Army and Air Force,

the question was discussed as to what could be done if the

Führer insists on advancement of the date, due to the rapid

development of the situation.

“16 September: General Keitel returns from the Berghof at 1700

hours. He graphically describes the results of the conference

between Chamberlain and the Führer. The next conference will

take place on the 20th or 21st in Godesberg.

“With consent of the Führer, the order is given in the evening

by the Armed Forces High Command, to the Army High Command, and

to the Ministry of Finance, to line up the v.G.a.D. along the

Czech border.”—That I understand to have reference to the

reinforced border guard.

“In the same way, an order is issued to the railways to have

empty rolling stock kept in readiness, clandestinely; for the

strategic concentrations of the Army, so that it can be

transported starting 28 September.”

The order to the railroads to make rolling stock available, to which

General Jodl referred, appears as Item 22, at Page 47 of the Schmundt

file. In this order the Defendant Keitel told the railroads to be ready

by 28 September but to continue work on the Western fortifications even

after 20 September in the interest of camouflage. I quote the first four

paragraphs of this order:

“The Reichsbahn (the railroads) must provide trains of empty

trucks in great numbers by September 28 for the carrying out of

mobilization exercises. This task now takes precedence over all

others.

“Therefore the trainloads for the limes job”—I understand the

“limes job” to have reference to defense fortification in the

West—“will have to be cut down after September 17 and those

goods loaded previous to this date unloaded by September 20.

“The Supreme Command of the Army (Fifth Division of the Army

General Staff) must issue further orders after consultation with

the authorities concerned.

“However, in accordance with the Führer’s directive, every

effort should be made to continue to supply the materials in as

large quantities as feasible, even after 20 September 1938, and

this for reasons of camouflage as well as in order to continue

the important work on the limes.”

The penultimate stage of the aggression begins on 18 September. From

that date until the 28th a series of orders was issued advancing

preparations for the attack. These orders are included in the Schmundt

file and I shall not take the time of the Tribunal by attempting to read

all of it.

On the 18th the commitment scheduled for the five participating Armies,

the 2d, 8th, 10th, 12th, and 14th, was set forth. That is Item 26 in the

Schmundt file at Page 50 of the English translation. Hitler approved the

secret mobilization of five divisions in the West to protect the German

rear during Case Green, and I refer to Item 31 in the Schmundt file at

Page 13—I beg your pardon, it is Page 55, I had a misprint. I might

refer to that. It is a “most-secret” order, Berlin, 27 September 1938,

1920 hours; 45 copies of which this is the 16th:

“The Führer has approved the mobilization, without warning, of

the five regular West divisions (26th, 34th, 36th, 33d, and

35th). The Führer and Supreme Commander of the Armed Forces has

expressly reserved the right to issue the order for employment

in the fortification zone and the evacuation of this zone by the

workers of the Todt organization.

“It is left to the OKH to assemble as far as possible, first of

all the sections ready to march and, subsequently, the remaining

sections of the divisions in marshalling areas behind the

Western fortifications.”—Signed—“Jodl.”

THE PRESIDENT: I think this would be a good time to adjourn.

We will meet again at 2 o’clock.

[_A recess was taken until 1400 hours._]

_Afternoon Session_

MR. ALDERMAN: May it please the Tribunal, my attention has been called

to the fact that I misread a signature on one of the documents to which

I adverted this morning. It is Item 31 of the Schmundt minutes. I read

the name “Jodl” as being the signature on that item. I should have read

Keitel.

In the course of presenting details of the documents which are being

offered in evidence, I think it would be well to pause for a moment, and

recall the setting in which these facts took place. The world will never

forget the Munich Pact, and the international crisis which led to it. As

this crisis was developing in August and September of 1938, and frantic

efforts were being made by the statesmen of the world to preserve the

peace of the world, little did they know of the evil plans and designs

in the hearts and the minds of these conspirators.

What is being presented to the Tribunal today is the inside story, in

their own words, underlying the Pact of Munich. We are now able to

spread upon the pages of history the truth concerning the fraud and

deceit practiced by the Nazi conspirators in achieving for their own

ends, the Pact of Munich as a stepping stone towards further aggression.

One cannot think back without living again through the dread of war, the

fear of war, the fear of world disaster, which seized all peace-loving

persons. The hope for peace which came with the Munich Pact was, we now

see, a snare and a deceit—a trap, carefully set by the defendants on

trial. The evil character of these men who were fabricating this scheme

for aggression and war is demonstrated by their own documents.

Further discussions were held between the Army and the Luftwaffe about

the time of day at which the attack should be launched. Conference notes

initialed by the Defendant Jodl, dated 27 September, reveal the

difference in views. These notes are Item 54, at Page 90 in the

translation of Document 388-PS. I shall read these first three

paragraphs as follows: The heading is:

“Most secret; for chiefs only; only through officers.

“Conference notes; Berlin, 27 September 1938; 4 copies, first

copy. To be filed Grün.

“Co-ordinated Time of Attack by Army and Air Force on X-Day.

“As a matter of principle, every effort should be made for a

co-ordinated attack by Army and Air Forces on 1 X-Day.

“The Army wishes to attack at dawn, that is, about 0615. It also

wishes to conduct some limited operations in the previous night,

which however, would not alarm the entire Czech front.

“Air Force’s time of attack depends on weather conditions. These

could change the time of attack and also limit the area of

operations. The weather of the last few days, for instance,

would have delayed the start until between 0800 and 1100 due to

low ceiling in Bavaria.”

Then I’ll skip to the last two paragraphs on Page 91:

“Thus it is proposed:

“Attack by the Army—independent of the attack by the Air

Force—at the time desired by the Army (0615), and permission

for limited operations to take place before then; however, only

to an extent that will not alarm the entire Czech front.

“The Luftwaffe will attack at a time most suitable to them.”

The initial at the end of that order is “J” meaning, I think clearly,

Jodl.

On the same date, 27 September, the Defendant Keitel sent a most-secret

memorandum to the Defendant Hess, and the Reichsführer SS, Himmler, for

the guidance of Nazi Party officials. This memorandum is Item 32 in the

Schmundt files at Page 56 of the English translation. I read the first

four paragraphs of this message.

“As a result of the political situation the Führer and

Chancellor has ordered mobilization measures for the Armed

Forces, without the political situation being aggravated by

issuing the mobilization (X) order, or corresponding code words.

“Within the framework of these mobilization measures it is

necessary for the Armed Forces authorities to issue demands to

the various Party authorities and their organizations, which are

connected with the previous issuing of the mobilization order,

the advance measures or special code names.

“The special situation makes it necessary that these demands be

met (even if the code word has not been previously issued)

immediately and without being referred to higher authority.

“OKW requests that subordinate offices be given immediate

instructions to this effect, so that the mobilization of the

Armed Forces can be carried out according to plan.”

Then I skip to the last paragraph:

“The Supreme Command of the Armed Forces further requests that

all measures not provided for in the plans which are undertaken

by Party organizations or Police units, as a result of the

political situation, be reported in every case and in plenty of

time to the Supreme Command of the Armed Forces. Only then can

it be guaranteed that these measures can be carried out in

practice.

“The Chief of the Supreme Command of the Armed Forces, Keitel.”

Two additional entries from the Defendant Jodl’s diary reveal the extent

to which the Nazi conspirators carried out all of their preparations for

an attack, even during the period of negotiations which culminated in

the Munich Agreement. I quote the answers in the Jodl diary for 26 and

27 September, from Page 7 of the translation of Document 1780-PS. 26

September . . .

THE PRESIDENT: Have you got in mind the dates of the visits of Mr.

Chamberlain to Germany, and of the actual agreement? Perhaps you can

give it later on.

MR. ALDERMAN: I think it will be covered later, yes.

THE PRESIDENT: Very well.

MR. ALDERMAN: The agreement of the Munich Pact was the 29th of

September, and this answer then was 3 days before the Pact, the 26th of

September:

“Chief of the Armed Forces High Command, acting through the Army

High Command, has stopped the intended approach march of the

advance units to the Czech border, because it is not yet

necessary and because the Führer does not intend to march in

before the 30th in any case. Order to approach towards the Czech

frontier need be given on the 27th only.

“Fixed radio stations of Breslau, Dresden and Vienna are put at

the disposal of the Reich Ministry for Popular Enlightenment and

Propaganda for interference with possible Czech propaganda

transmissions.

“Question by Ausland whether Czechs are to be allowed to leave

and cross Germany. Decision from Chief of the Armed Forces High

Command: ‘Yes.’

“1515 hours: The Chief of the Armed Forces High Command informs

General Stumpf about the result of the Godesberg conversations

and about the Führer’s opinion. In no case will X-Day be before

the 30th.

“It is important that we do not permit ourselves to be drawn

into military engagements because of false reports, before

Prague replies.

“A question of Stumpf about Y-Hour results in the reply that on

account of the weather situation, a simultaneous intervention of

the Air Force and Army cannot be expected. The Army needs the

dawn, the Air Force can only start later on account of frequent

early fogs.

“The Führer has to make a decision as to which of the

Commanders-in-Chief is to have priority.

“The opinion of Stumpf is also that the attack of the Army has

to proceed. The Führer has not made any decision as yet about

commitment against Prague.

“2000 hours: The Führer addresses the people and the world in an

important speech at the Sportpalast.”

Then the entry on 27 September:

“1320 hours: The Führer consents to the first wave of attack

being advanced to a line from where they can arrive in the

assembly area by 30 September.”

The order referred to by General Jodl was also recorded by the faithful

Schmundt, which appears as Item 33 at Page 57 of the file. I’ll read it

in its entirety. It is the order which brought the Nazi Army to a

jumping-off point for the unprovoked and brutal aggression:

“28.9.38.; most secret; memorandum.

“At 1300 hours 27 September the Führer and Supreme Commander of

the Armed Forces ordered the movement of the assault units from

their exercise areas to their jumping-off points.

“The assault units (about 21 reinforced regiments, or seven

divisions) must be ready to begin the action against Grün on 30

September, the decision having been made 1 day previously by

1200 noon.

“This order was conveyed to General Keitel at 1320 through Major

Schmundt”—pencil note by Schmundt.

At this point, with the Nazi Army poised in a strategic position around

the borders of Czechoslovakia, we shall turn back for a moment to

examine another phase of the Czech aggression. The military preparations

for action against Czechoslovakia had not been carried out _in vacuo_.

They had been preceded by a skillfully conceived campaign designed to

promote civil disobedience in the Czechoslovak State. Using the

techniques they had already developed in other uncontested ventures

underhandedly, the Nazi conspirators over a period of years used money,

propaganda, and force to undermine Czechoslovakia. In this program the

Nazis focused their attention on the persons of German descent living in

the Sudetenland, a mountainous area bounding Bohemia and Moravia on the

northwest and south. I now invite the attention of the Tribunal to

Document Number 998-PS and offer it in evidence as an exhibit.

This exhibit is entitled, “German Crimes Against Czechoslovakia” and is

the Czechoslovak Government’s official report for the prosecution and

trial of the German major war criminals. I believe that this report is

clearly included within the provisions of Article 21, of the Charter, as

a document of which the Court will take judicial notice. Article 21

provides:

“The Tribunal shall not require proof of facts of common

knowledge but shall take judicial notice thereof. It shall also

take judicial notice of official governmental documents and

reports of the United Nations, including the accounts and

documents of the committees set up in the various Allied

countries for the investigation of war crimes and the records

and findings of military or other tribunals of any of the United

Nations.”

Since, under that provision, the Court will take judicial notice of this

governmental report by the Czech Government, I shall, with the leave of

the Tribunal, merely summarize Pages 9 to 12 of this report to show the

background of the subsequent Nazi intrigue within Czechoslovakia.

Nazi agitation in Czechoslovakia dated from the earliest days of the

Nazi Party. In the years following the first World War, a German

National Socialist Workers Party (DNSAP), which maintained close contact

with Hitler’s NSDAP, was activated in the Sudetenland. In 1932,

ringleaders of the Sudeten Volkssport, an organization corresponding to

the Nazi SA or Sturmabteilung, openly endorsed the 21 points of Hitler’s

program, the first of which demanded the union of all Germans in a

greater Germany. Soon thereafter, they were charged with planning armed

rebellion on behalf of a foreign power and were sentenced for conspiracy

against the Czech Republic.

Late in 1933, the National Socialist Party of Czechoslovakia forestalled

its dissolution by voluntary liquidation and several of its chiefs

escaped across the border into Germany. For a year thereafter, Nazi

activity in Czechoslovakia continued underground.

On 1 October 1934, with the approval and at the urging of the Nazi

conspirators, an instructor of gymnastics, Konrad Henlein, established

the German Home Front or Deutsche Heimatfront, which, the following

spring became the Sudeten German Party (SDP). Profiting from the

experiences of the Czech National Socialist Party, Henlein denied any

connection with the German Nazis. He rejected pan-Germanism and

professed his respect for individual liberties and his loyalty to honest

democracy and to the Czech State. His party, nonetheless, was built on

the basis of the Nazi Führerprinzip, and he became its Führer.

By 1937, when the powers of Hitler’s Germany had become manifest,

Henlein and his followers were striking a more aggressive note,

demanding without definition, “complete Sudeten autonomy”. The SDP laid

proposals before the Czech Parliament which would in substance, have

created a state within a state.

After the annexation of Austria by Germany in March 1938, the

Henleinists, who were now openly organized after the Nazi model,

intensified their activities. Undisguised anti-Semitic propaganda

started in the Henlein press.

The campaign against Bolshevism was intensified. Terrorism in the

Henlein-dominated communities increased. A storm-troop organization,

patterned and trained on the principles of the Nazi SS was established,

known as the FS, Freiwilliger Selbstschutz (or Voluntary Vigilantes).

On 24 April 1938, in a speech to the Party Congress in Karlovy Vary,

Henlein came into the open with what he called his Karlsbad Program. In

this speech, which echoed Hitler in tone and substance, Henlein asserted

the right of the Sudeten Germans to profess German political philosophy

which, it was clear, meant National Socialism.

As the summer of 1938 wore on, the Henleinists used every technique of

the Nazi Fifth Column. As summarized in Pages 12 to 16 of the Czech

Government official report, these techniques included:

(a) Espionage. Military espionage was conducted by the SDP, the FS, and

by other members of the German minority on behalf of Germany. Czech

defenses were mapped and information on Czech troop movements was

furnished to the German authorities.

(b) Nazification of German organizations in Czechoslovakia. The

Henleinists systematically penetrated the whole life of the German

population of Czechoslovakia. Associations and social cultural centers

regularly underwent “Gleichschaltung”, that is purification, by the SDP.

Among the organizations conquered by the Henleinists were sports

societies, rowing clubs, associations of ex-service men, and choral

societies. The Henleinists were particularly interested in penetrating

as many business institutions as possible and bringing over to their

side the directors of banks, the owners or directors of factories, and

the managers of commercial firms. In the case of Jewish ownership or

direction, they attempted to secure the cooperation of the clerical and

technical staffs of the institutions.

(c) German direction and leadership. The Henleinists maintained

permanent contact with the Nazi officials designated to direct

operations within Czechoslovakia. Meetings in Germany, at which

Henleinists were exhorted and instructed in Fifth Column activity, were

camouflaged by being held in conjunction with “Sänger Feste” (or choral

festivals), gymnastic shows, and assemblies, and commercial gatherings

such as the Leipzig Fair. Whenever the Nazi conspirators needed

incidents for their war of nerves, it was the duty of the Henleinists to

supply them.

(d) Propaganda. Disruptive and subversive propaganda was beamed at

Czechoslovakia in German broadcasts and was echoed in the German press.

Goebbels called Czechoslovakia a “nest of Bolshevism” and spread the

false report of Russian troops and airplanes centered in Prague. Under

direction from the Reich, the Henleinists maintained whispering

propaganda in the Sudetenland which contributed to the mounting tension

and to the creation of incidents. Illegal Nazi literature was smuggled

from Germany and widely distributed in the border regions. The Henlein

press, more or less openly, espoused Nazi ideology before the German

population in the Sudetenland.

(e) Murder and terrorism. Nazi conspirators provided the Henleinists,

and particularly the FS, with money and arms with which to provoke

incidents and to maintain a state of permanent unrest. Gendarmes,

customs officers, and other Czech officials were attacked. A boycott was

established against Jewish lawyers, doctors, and tradesmen.

The Henleinists terrorized the non-Henlein population and the Nazi

Gestapo crossed into the border districts to carry Czechoslovak citizens

across the border into Germany. In several cases, political foes of the

Nazis were murdered on Czech soil. Nazi agents murdered Professor

Theodor Lessing in 1933, and engineer Formis in 1935. Both men were

anti-Nazis who had escaped from Germany after Hitler came to power and

had sought refuge in Czechoslovakia.

Sometime afterwards, when there was no longer need for pretense and

deception, Konrad Henlein made a clear and frank statement of the

mission assigned to him by the Nazi conspirators. I offer in evidence

Document Number 2863-PS, an excerpt from a lecture by Konrad Henlein

quoted in the book _Four Fighting Years_, a publication of the

Czechoslovak Ministry of Foreign Affairs; and I quote from Page 29. This

book has been marked for identification Exhibit USA-92, but without

offering it in evidence, I ask the Tribunal to take judicial notice of

it. I shall read from Page 29. This lecture was delivered by Henlein on

4 March 1941, in the auditorium of the University of Vienna, under the

auspices of the Wiener Verwaltungsakademie. During a thorough search of

libraries in Vienna and elsewhere, we have been unable to find a copy of

the German text. This text, this volume that I have here, is an English

version. The Vienna newspapers the following day carried only summaries

of the lecture. This English version, however, is an official

publication of the Czech Government and is, under the circumstances, the

best evidence that we can produce of the Henlein speech.

In this lecture on “The Fight for the Liberation of the Sudetens”

Henlein said:

“National Socialism soon swept over us Sudeten Germans. Our

struggle was of a different character from that in Germany.

Although we had to behave differently in public we were, of

course, secretly in touch with the National Socialist revolution

in Germany so that we might be a part of it. The struggle for

Greater Germany was waged on Sudeten soil, too. This struggle

could be waged only by those inspired by the spirit of National

Socialism, persons who were true followers of our Führer,

whatever their outward appearance. Fate sought me out to be the

leader of the national group in its final struggle. When in the

autumn of 1933, the leader of the NSDAP asked me to take over

the political leadership of the Sudeten Germans, I had a

difficult problem to solve. Should the National Socialist Party

continue to be carried on illegally or should the movement, in

the interest of the self-preservation of the Sudeten Germans and

in order to prepare their return to the Reich, wage its struggle

under camouflage and by methods which appeared quite legal to

the outside world? For us Sudeten Germans only the second

alternative seemed possible, for the preservation of our

national group was at stake. It would certainly have been easier

to exchange this hard and mentally exhausting struggle for the

heroic gesture of confessing allegiance to National Socialism

and entering a Czechoslovak prison. But it seemed more than

doubtful whether, by this means, we could have fulfilled the

political task of destroying Czechoslovakia as a bastion in the

alliance against the German Reich.”

The account of Nazi intrigue in Czechoslovakia which I have just

presented to the Tribunal is the outline of this conspiracy as it had

been pieced together by the Czechoslovak Government early this summer.

Since then, captured documents and other information made available to

us since the defeat of Germany have clearly and conclusively

demonstrated the implication, which hitherto could only be deduced, of

the Nazi conspirators in the agitation in the Sudetenland.

I offer in evidence Document Number 3060-PS, Exhibit USA-93. This is the

original, handwritten draft of a telegram sent from the German Legation

in Prague on 16 March 1938 to the Foreign Minister in Berlin. It is

presumably written by the German Minister Eisenlohr. It proves

conclusively that the Henlein movement was an instrument, a puppet of

the Nazi conspirators. The Henlein party, it appears from this document,

was directed from Berlin and from the German Legation in Prague. It

could have no policy of its own. Even the speeches of its leaders had to

be co-ordinated with the German authorities.

I will read this telegram:

“Prague, 16 March 1938.

“Foreign (Office), Berlin; (cipher cable—secret); No. 57 of 16

March.

“With reference to cable order No. 30 of 14 March.

“Rebuff to Frank has had a salutary effect. Have thrashed out

matters with Henlein, who recently had shunned me, and with

Frank separately and received following promises:

“1. The line of German foreign policy as transmitted by the

German Legation is exclusively decisive for policy and tactics

of the Sudeten German Party. My directives are to be complied

with implicitly.

“2. Public speeches and the press will be co-ordinated uniformly

with my approval. The editorial staff of _Zeit_”—_Time_—“is to

be improved.

“3. Party leadership abandons the former intransigent line,

which in the end might lead to political complications, and

adopts a line of gradual promotion of Sudeten German interests.

The objectives are to be set in every case with my participation

and to be promoted by parallel diplomatic action. Laws for the

protection of nationalities (Volksschutzgesetze) and territorial

autonomy are no longer to be stressed.

“4. If consultations with Berlin agencies are required or

desired before Henlein issues important statements on his

program, they are to be applied for and prepared through the

Legation.

“5. All information of the Sudeten German Party for German

agencies is to be transmitted through the Legation.

“6. Henlein will establish contact with me every week, and will

come to Prague at any time if requested.

“I now hope to have the Sudeten German Party under firm control,

as this is more than ever necessary for coming developments in

the interest of foreign policy. Please inform Ministries

concerned and Mittelstelle (Central Office for Racial Germans)

and request them to support this uniform direction of the

Sudeten German Party.”

The initials are illegible.

The dressing down administered by Eisenlohr to Henlein had the desired

effect. The day after the telegram was dispatched from Prague, Henlein

addressed a humble letter to Ribbentrop, asking an early personal

conversation.

I offer in evidence Document Number 2789-PS as Exhibit USA-94. This is

the letter from Konrad Henlein to Defendant Ribbentrop, captured in the

German Foreign Office files, dated 17 March 1938.

“Most honored Minister of Foreign Affairs:

“In our deeply felt joy over the fortunate turn of events in

Austria we feel it our duty to express our gratitude to all

those who had a share in this new grand achievement of our

Führer.

“I beg you, most honored Minister, to accept accordingly the

sincere thanks of the Sudeten Germans herewith.

“We shall show our appreciation to the Führer by doubled efforts

in the service of the Greater German policy.

“The new situation requires a re-examination of the Sudeten

German policy. For this purpose I beg to ask you for the

opportunity of a very early personal talk.

“In view of the necessity of such a clarification I have

postponed the nation-wide Party Congress, originally scheduled

for 26th and 27th of March 1938, for 4 weeks.

“I would appreciate it if the Ambassador, Dr. Eisenlohr, and two

of my closest associates would be allowed to participate in the

requested talks.

“Heil Hitler. Loyally yours”—signed—“Konrad Henlein.”

You will note that Henlein was quite aware that the seizure of Austria

made possible the adoption of a new policy towards Czechoslovakia. You

will also note that he was already in close enough contact with

Ribbentrop and the German Minister in Prague to feel free to suggest

early personal talks.

Ribbentrop was not unreceptive to Henlein’s suggestion. The

conversations Henlein had proposed took place in the Foreign Office in

Berlin on the 29th of March 1938. The previous day Henlein had conferred

with Hitler himself.

I offer in evidence Document Number 2788-PS as Exhibit USA-95, captured

German Foreign Office notes of the conference on the 29th of March. I

read the first two paragraphs:

“In this conference the gentlemen enumerated in the enclosed

list participated.

“The Reich Minister started out by emphasizing the necessity to

keep the conference which had been scheduled strictly a secret.

He then explained, in view of the directives which the Führer

himself had given to Konrad Henlein personally yesterday

afternoon, that there were two questions which were of

outstanding importance for the conduct of policy of the Sudeten

German Party.”

I will omit the discussion of the claims of the Sudeten Germans and

resume the minutes of this meeting in the middle of the last paragraph

of the first page of the English translation, with the sentence

beginning, “The aim of the negotiations.”

“The aim of the negotiations to be carried out by the Sudeten

German Party with the Czechoslovakian Government is finally

this: To avoid entry into the Government by the extension and

gradual specification of the demands to be made. It must be

emphasized clearly in the negotiations that the Sudeten German

Party alone is the party to the negotiations with the

Czechoslovakian Government, not the Reich Cabinet. The Reich

Cabinet itself must refuse to appear toward the government in

Prague or toward London and Paris as the advocate or pacemaker

of the Sudeten German demands. It is a self-evident prerequisite

that during the impending discussion with the Czechoslovak

Government the Sudeten Germans should be firmly controlled by

Konrad Henlein, should maintain quiet and discipline, and should

avoid indiscretions. The assurances already given by Konrad

Henlein in this connection were satisfactory.

“Following these general explanations of the Reichsminister, the

demands of the Sudeten German Party from the Czechoslovak

Government, as contained in the enclosure, were discussed and

approved in principle. For further co-operation, Konrad Henlein

was instructed to keep in the closest possible touch with the

Reichsminister and the head of the Central Office for Racial

Germans, as well as the German Minister in Prague, as the local

representative of the Foreign Minister. The task of the German

Minister in Prague would be to support the demand of the Sudeten

German Party as reasonable—not officially, but in more private

talks with the Czechoslovak politicians, without exerting any

direct influence on the extent of the demands of the Party.

“In conclusion, there was a discussion whether it would be

useful if the Sudeten German Party would co-operate with other

minorities in Czechoslovakia, especially with the Slovaks. The

Foreign Minister decided that the Party should have the

discretion to keep a loose contact with other minority groups if

the adoption of a parallel course by them might appear

appropriate.

“Berlin, 29 March 1938,

“R”—for Ribbentrop.

Not the least interesting aspect of this secret meeting is the list of

those who attended: Konrad Henlein; his principal deputy, Karl Hermann

Frank; and two others represented the Sudeten German Party. Professor

Haushofer, the geopolitician, and SS Obergruppenführer Lorenz

represented the Volksdeutsche Mittelstelle (the Central Office for

Racial Germans). The Foreign Office was represented by a delegation of

eight. These eight included Ribbentrop, who presided at the meeting and

did most of the talking; Von Mackensen; Weizsäcker and Minister

Eisenlohr from the German Legation at Prague.

In May, Henlein came to Berlin for more conversations with the Nazi

conspirators. At this time the plans for Case Green, for the attack on

the Czechs, were already on paper, and it may be assumed that Henlein

was briefed on the role he was to play during the summer months.

I again quote from General Jodl’s diary, Document 1780-PS, the entry for

22 May 1938: “Fundamental conference between the Führer and K. Henlein

(see enclosure).” The enclosure unfortunately is missing from Jodl’s

diary.

The Tribunal will recall that in his speech in Vienna Henlein had

admitted that he had been selected by the Nazi conspirators in the fall

of 1933 to take over the political leadership of the Sudeten Germans.

The documents I have just read show conclusively the nature of Henlein’s

mission. They demonstrate that Henlein’s policy, his propaganda, even

his speeches, were controlled by Berlin.

I will now show that from the year 1935 the Sudeten German Party was

secretly subsidized by the German Foreign Office. I offer in evidence

Document 3059-PS as Exhibit USA-96, another secret memorandum captured

in the German Foreign Office file.

This memorandum, signed by Woermann and dated Berlin, 19 August 1938,

was occasioned by the request of the Henlein Party for additional funds.

I read from that document:

“The Sudeten German Party has been subsidized by the Foreign

Office regularly since 1935 with certain amounts, consisting of

a monthly payment of 15,000 marks; 12,000 marks of this are

transmitted to the Prague Legation for disbursement and 3,000

marks are paid out to the Berlin representation of the Party

(Bureau Bürger). In the course of the last few months the tasks

assigned to the Bureau Bürger have increased considerably due to

the current negotiations with the Czech Government. The number

of pamphlets and maps which are produced and disseminated has

risen; the propaganda activity in the press has grown immensely;

the expense accounts have increased especially because due to

the necessity for continuous good information, the expenses for

trips to Prague, London, and Paris (including the financing of

travels of Sudeten German deputies and agents) have grown

considerably heavier. Under these conditions the Bureau Bürger

is no longer able to get along with the monthly allowance of

3,000 marks if it is to do everything required. Therefore Herr

Bürger has applied to this office for an increase of this amount

from 3,000 marks to 5,500 marks monthly. In view of the

considerable increase in the business transacted by the bureau,

and of the importance which marks the activity of the bureau in

regard to the co-operation with the Foreign Office, this desire

deserves the strongest support.

“Herewith submitted to the personnel department with a request

for approval. Increase of payments with retroactive effect from

1 August is requested.”—signed—“Woermann.”

Under this signature is a footnote:

“Volksdeutsche Mittelstelle”—Central Office for Racial

Germans—“will be informed by the Political

Department”—handwritten marginal note.

We may only conjecture what financial support the Henlein movement

received from other agencies of the German Government.

As the military preparations to attack Czechoslovakia moved forward in

the late summer and early fall, the Nazi command made good use of

Henlein and his followers. About the 1st of August, the Air Attaché in

the German Legation in Prague, Major Moericke, acting on instructions

from Luftwaffe headquarters in Berlin, visited the Sudeten German leader

in Freudenthal. With his assistance and in the company of the local

leader of the FS, the Henlein equivalent of the SS, he reconnoitered the

surrounding countryside to select possible airfield sites for German

use. The FS leader, a Czech reservist then on leave, was in the uniform

of the Czech Army, a fact which, as the Attaché noted, served as

excellent camouflage.

I now read from the enclosure to Document 1536-PS, which I offered in

evidence earlier and which bears United States Exhibit Number 83. I have

already read the first four paragraphs of the enclosure:

“The manufacturer M. is the head of the Sudeten German Glider

Pilots in Fr.”—that’s Freudenthal—“and said to be absolutely

reliable by my trusted man. My personal impression fully

confirmed this judgment. No hint of my identity was made to him,

although I had the impression that M. knew who I was.

“At my request, with which he complied without any question, M.

travelled with me over the country in question. We used M.’s

private car for the trip.

“As M. did not know the country around Beneschau sufficiently

well, he took with him the local leader of the FS, a Czech

reservist of the Sudeten German Racial Group, at the time on

leave. He was in uniform. For reasons of camouflage, I was

entirely in agreement with this—without actually saying so.

“As M., during the course of the drive, observed that I

photographed large open spaces out of the car, he said. ‘Aha, so

you’re looking for airfields!’ I answered that we supposed that

in the case of any serious trouble, the Czechs would put their

airfields immediately behind the line of fortifications. I had

the intention of looking over the country from that point of

view.”

In the latter part of the Air Attaché’s report, reference is made to the

presence of reliable agents and informers, which he called “V-Leute”

(V-people), apparently drawn from the ranks of the Henlein party in this

area. It was indicated that these agents were in touch with the “Abwehr

Stelle” (the Intelligence Office) in Breslau.

In September, when the Nazi propaganda campaign was reaching its height,

the Nazis were not satisfied with playing merely on the Sudeten demands

for autonomy. They attempted to use the Slovaks as well. On the 19th of

September the Foreign Office in Berlin sent a telegram to the German

Legation in Prague. I offer the document in evidence, Number 2858-PS,

Exhibit USA-97, another captured German Foreign Office document—a

telegram:

“Please inform Deputy Kundt that Konrad Henlein requests to get

in touch with the Slovaks at once and induce them to start their

demands for autonomy tomorrow.”—signed—“Altenburg.”

Kundt was Henlein’s representative in Prague.

As the harassed Czech Government sought to stem the disorders in the

Sudetenland, the German Foreign Office turned to threatening diplomatic

tactics in a deliberate effort to increase the tension between the two

countries. I offer in evidence Documents 2855-PS, 2854-PS, 2853-PS, and

2856-PS, as United States Exhibits respectively 98, 99, 100, and 101.

Four telegrams from the Foreign Office in Berlin to the Legation in

Prague were dispatched between the 16th and 24th of September 1938. They

are self-explanatory. The first is dated 16 September.

“Tonight 150 subjects of Czechoslovakia of Czech blood were

arrested in Germany. This measure is an answer to the arrest of

Sudeten Germans since the Führer’s speech of 12 September. I

request you to ascertain as soon as possible the number of

Sudeten Germans arrested since 12 September as far as possible.

The number of those arrested there is estimated conservatively

at 400 by the Gestapo. Cable report.”

A handwritten note follows:

“Impossible for me to ascertain these facts as already

communicated to the chargé d’affaires.”

The second telegram is dated September 17:

“Most urgent.

“I. Request to inform the local government immediately of the

following:

“The Reich Government has decided that:

“(a) Immediately as many Czech subjects of Czech descent,

Czech-speaking Jews included, will be arrested in Germany as

Sudeten Germans have been in Czechoslovakia since the beginning

of the week; (b) If any Sudeten Germans should be executed

pursuant to a death sentence on the basis of martial law, an

equal number of Czechs will be shot in Germany.”

The third telegram was sent on 24 September. I read it:

“According to information received here, Czechs have arrested

two German frontier policemen, seven customs officials, and 30

railway officials. As counter measure all the Czech staff in

Marschegg were arrested. We are prepared to exchange the

arrested Czech officials for the German officials. Please

approach Government there and wire result.”

On the same day the fourth telegram was dispatched, and I read the last

paragraph:

“‘Confidential’. Yielding of Czech hostages arrested here for

the prevention of the execution of any sentences passed by

military courts against Sudeten Germans is, of course, out of

question.”

In the latter half of September, Henlein devoted himself and his

followers wholeheartedly to the preparations for the coming German

attack. About 15 September, after Hitler’s provocative Nuremberg speech

in which he accused Beneš of torturing and planning the extermination of

the Sudeten Germans, Henlein and Karl Hermann Frank, one of his

principal deputies, fled to Germany to avoid arrest by the Czech

Government. In Germany Henlein broadcast over the powerful Reichsender

radio station his determination to lead the Sudeten Germans home to the

Reich and denounced what he called the Hussites-Bolshevist criminals of

Prague. From his headquarters in a castle at Donndorf, outside Bayreuth,

he kept in close touch with the leading Nazi conspirators, including

Hitler and Himmler. He directed activities along the border and began

the organization of the Sudeten German Free Corps, an auxiliary military

organization. You will find these events set forth in the Czechoslovak

official government report, 998-PS, which has already been offered as

Exhibit USA-91.

Henlein’s activities were carried on with the advice and assistance of

the German Nazi leaders. Lieutenant Colonel Köchling was assigned to

Henlein in an advisory capacity to assist with the Sudeten German Free

Corps. In a conference with Hitler on the night of September 17,

Köchling received far-reaching military powers.

At this conference, the purpose of the Free Corps was frankly

stated—the maintenance of disorder and clashes. I read from Item 25, a

handwritten note labelled “most secret,” on Page 49 of the Schmundt

file, Document 388-PS:

“Most secret. Last night conference took place between Führer

and Lieutenant Colonel Köchling. Duration of conference 7

minutes. Lieutenant Colonel Köchling remains directly

responsible to OKW. He will be assigned to Konrad Henlein in an

advisory capacity. He received far-reaching military plenary

powers from the Führer. The Sudeten German Free Corps remains

responsible to Konrad Henlein alone. Purpose: Protection of the

Sudeten Germans and maintenance of disturbances and clashes. The

Free Corps will be established in Germany. Armament only with

Austrian weapons. Activities of Free Corps to begin as soon as

possible.”

THE PRESIDENT: Would that be a good place to break off for 10 minutes?

[_A recess was taken._]

MR. ALDERMAN: May it please the Tribunal, General Jodl’s diary again

gives a further insight into the position of the Henlein Free Corps. At

this time, the Free Corps was engaged in active skirmishing along the

Czech border, furnishing incidents and provocation in the desired

manner. I quote from the entries in the Jodl diary, for the 19th and

20th September 1938, at Page 6 of the Document 1780-PS, which is Exhibit

USA-72.

“19 September: Order is given to the Army High Command to take

care of the Sudeten German Free Corps.

“20 September: England and France have handed over their demands

in Prague, the contents of which are still unknown. The

activities of the Free Corps start assuming such an extent that

they may bring about, and already have brought about,

consequences harmful to the plans of the Army. (Transferring

rather strong units of the Czech Army to the proximity of the

border.) By checking with Lieutenant Colonel Köchling, I attempt

to lead these activities into normal channels.

“Toward the evening the Führer also takes a hand and gives

permission to act only with groups up to 12 men each, after the

approval of the corps headquarters.”

A report from Henlein’s staff, which was found in Hitler’s headquarters,

boasted of the offensive operations of the Free Corps. It is Item 30 of

the Schmundt file, Page 54 of Document 388-PS. I read the last two

paragraphs:

“Since 19 September, in more than 300 missions, the Free Corps

has executed its task with an amazing spirit of attack,”—now,

that word “attack” was changed by superimposition to

“defense”—“and with a willingness often reaching a degree of

unqualified self-sacrifice. The result of the first phase of its

activities: More than 1500 prisoners, 25 MG’s”—which I suppose

means machine guns—“and a large amount of other weapons and

equipment, aside from serious losses in dead and wounded

suffered by the enemy.”—And there was superimposed in place of

“enemy”, “the Czech terrorists.”

In his headquarters in the castle at Donndorf, Henlein was in close

touch with Admiral Canaris of the Intelligence Division of the OKW and

with the SS and the SA. The liaison officer between the SS and Henlein

was Oberführer Gottlob Berger (SS).

I now offer in evidence Document 3036-PS as Exhibit USA-102, which is an

affidavit executed by Gottlob Berger; and in connection with that

affidavit, I wish to submit to the Tribunal that it presents, we think,

quite a different question of proof from the Schuschnigg affidavits

which were not admitted in evidence by the Court. Schuschnigg, of

course, was a neutral and non-Nazi Austrian. He was not a member of this

conspiracy, and I can well understand that the Court rejected his

affidavit for these reasons.

This man was a Nazi. He was serving in this conspiracy. He has made this

affidavit. We think the affidavit has probative value and should be

admitted by the Tribunal under the pertinent provision of the Charter,

which says that you will accept in evidence any evidence having

probative value. We think it would be unfair to require us to bring here

as a witness a man who would certainly be a hostile witness, who is to

us a member of this conspiracy, and it seems to us that the affidavit

should be admitted with leave to the defendants, if they wish, to call

the author of the affidavit as their witness. I should have added that

this man was a prominent member of the SS which is charged before you as

being a criminal organization, and we think the document is perfectly

competent in evidence as an admission against interest by a prominent

member of the SS organization.

DR. STAHMER: Mr. President, the Defense objects to the use of this

document. This document was drawn up as late as 22 November 1945, here

in Nuremberg, and the witness Berger could, therefore, be brought to

Court without any difficulty. We must insist that he be heard here on

the subjects on which the Prosecution wishes to introduce his testimony.

That would be the only way in which the Defense could have an

opportunity of cross-examining the witness and thereby contribute to

obtaining objective truth.

[_Pause in the proceedings while the Tribunal consulted._]

THE PRESIDENT: The Tribunal upholds the objection and will not hear this

affidavit. It is open to either the Prosecution or the defendants, of

course, to call the man who made the affidavit. That is all I have to

say. We have upheld your objection.

MR. ALDERMAN: If the Tribunal please, I had another affidavit by one

Alfred Helmut Naujocks which, I take it, will be excluded under this

same ruling, and which, therefore, I shall not offer.

THE PRESIDENT: If the circumstances are the same.

MR. ALDERMAN: Yes, I might merely refer to it for identification because

it is in your document books.

THE PRESIDENT: Very well.

MR. ALDERMAN: It is Document 3029-PS.

THE PRESIDENT: Very well. That also will be rejected as evidence.

MR. ALDERMAN: Yes. Offensive operations along the Czechoslovakian border

were not confined to skirmishes carried out by the Free Corps. Two

SS-Totenkopf (Deathhead) battalions were operating across the border in

Czech territory near Asch.

I quote now from Item 36 in the Schmundt file, an OKW most-secret order,

signed by Jodl, and dated 28 September. This appears at Page 61 Of the

Schmundt file:

“Supreme Command of the Armed Forces, Berlin, 28 September 1938;

45 copies, 16th copy; most secret.

“Subject: Four SS-Totenkopf battalions subordinate to the

Commander-in-Chief Army.

“To: Reichsführer SS and Chief of the German Police (SS Central

Office) (36th copy).

“By order of the Supreme Command of the Armed Forces the

following battalions of the SS Deathhead organization will be

under the command of the Commander-in-Chief of the Army with

immediate effect.

“Second and Third Battalions of the 2d SS-Totenkopf Regiment

Brandenburg at present in Brieg (Upper Silesia).

“First and Second Battalions of the 3d SS-Totenkopf Regiment

Thuringia, at present in Radebeul and Kötzschenbroda near

Dresden.

“Commander-in-Chief of the Army is requested to deploy these

battalions for the West, (Upper Rhine) according to the Führer’s

instructions.

“These SS-Totenkopf units now operating in the Asch promontory

(I and II Battalions of the SS-Totenkopf Regiment Oberbayern)

will come under the Commander-in-Chief of the Army only when

they return to German Reich territory, or when the Army crosses

the German-Czech frontier.

“It is requested that all further arrangements be made between

Commander-in-Chief of the Army and Reichsführer SS (SS Central

Office).

“For the Chief of the Supreme Command of the Armed Forces,

Jodl.”

According to the 25 September entry in General Jodl’s diary, these

SS-Totenkopf battalions were operating in this area on direct orders

from Hitler. As the time X-Day approached, the disposition of the Free

Corps became a matter of dispute.

On 26 September Himmler issued an order to the Chief of Staff of the

Sudeten German Free Corps, directing that the Free Corps come under

control of the Reichsführer SS in the event of German invasion of

Czechoslovakia. This document is Item 37 in the Schmundt file, on Page

62.

On 28 September Defendant Keitel directed that as soon as the German

Army crosses the Czech border, the Free Corps will take orders from the

OKH. In this most-secret order of the OKW, Keitel discloses that

Henlein’s men are already operating in Czechoslovak territory.

I read now from Item 34 of the Schmundt file on Page 58, the last three

paragraphs of this most-secret order:

“For the Henlein Free Corps and units subordinate to it the

principle remains valid, that they receive instructions direct

from the Führer and that they carry out their operations only in

conjunction with the competent corps headquarters. The advance

units of the Free Corps will have to report to the local

commander of the frontier guard immediately before crossing the

frontier.

“Those units remaining forward of the frontier should, in their

own interests, get into communication with the frontier guard as

often as possible.

“As soon as the Army crosses the Czechoslovak border the Henlein

Free Corps will be subordinate to the OKH. Thus it will be

expedient to assign a sector to the Free Corps, even now, which

can be fitted into the scheme of army boundaries later.”

On 30 September, when it became clear that the Munich Settlement would

result in a peaceful occupation of the Sudetenland, the Defendant Keitel

ordered that the Free Corps Henlein, in its present composition, be

placed under the command of Himmler.

I read from Item 38, at Page 63, of the Schmundt file:

“1. Attachment of the Henlein Free Corps. The Supreme Commander

of the Armed Forces has just ordered that the Henlein Free Corps

in its present composition be placed under command of

Reichsführer SS and the Chief of German Police. It is therefore

not at the immediate disposal of OKH as field unit for the

invasion, but is to be later drawn in, like the rest of the

police forces, for police duties in agreement with the

Reichsführer SS.”

I have been able, if the Tribunal please, to ascertain the dates the

Tribunal asked about before the recess.

The first visit of Chamberlain to Germany in connection with this matter

was 15 September 1938. Chamberlain flew to Munich and arrived at 12:30

o’clock on 15 September. He went by train from Munich to Berchtesgaden,

arriving at 1600 hours, by car to Berghof, arriving about at 1650, for

three talks with Hitler. On 16 September Chamberlain returned by air to

London.

The second visit was on 22 September. Chamberlain met with Hitler at Bad

Godesberg at 1700 hours for a 3-hour discussion, and it was a deadlock.

On 23 September discussions were resumed at 2230 hours. On 24 September

Chamberlain returned to London.

The third visit was on 29 September. Chamberlain flew to Munich and the

meeting of Chamberlain, Mussolini, Daladier, and Hitler took place at

the Brown House at 1330 and continued until 0230 hours on 30 September

1938, a Friday, when the Munich Agreement was signed. Under the threat

of war by the Nazi conspirators, and with war in fact about to be

launched, the United Kingdom and France concluded the Munich Pact with

Germany and Italy at that early morning hour of 30 September 1938. This

Treaty will be presented by the British prosecutor. It is sufficient for

me to say of it at this point that it was the cession of the Sudetenland

by Czechoslovakia to Germany. Czechoslovakia was required to acquiesce.

The Munich Pact will be TC-23 of the British documents.

On 1 October 1938 German troops began the occupation of the Sudetenland.

During the conclusion of the Munich Pact the Wehrmacht had been fully

deployed for the attack, awaiting only the word of Hitler to begin the

assault.

With the cession of the Sudetenland new orders were issued. On 30

September the Defendant Keitel promulgated Directive Number 1 on

occupation of territory separated from Czechoslovakia. This is Item 39

at Page 64 of the Schmundt file. This directive contained a timetable

for the occupation of sectors of former Czech territory between 1 and 10

October and specified the tasks of the German Armed Forces.

I read now the fourth and fifth paragraphs of that document:

“2. The present degree of mobilized preparedness is to be

maintained completely, for the present also in the West. Order

for the rescinding of measures taken, is held over.

“The entry is to be planned in such a way that it can easily be

converted into operation Grün.”

It contains one other important provision about the Henlein forces, and

I quote from the list under the heading “a. Army”:

“Henlein Free Corps. All combat action on the part of the

Volunteer Corps must cease as from 1st October.”

The Schmundt file contains a number of additional secret OKW directives

giving instructions for the occupation of the Sudetenland. I think I

need not read them, as they are not essential to the proof of our case.

They merely indicate the scope of the preparations of the OKW.

Directives specifying the occupational area of the Army, the units under

its command, arranging for communication facilities, supply, and

propaganda, and giving instructions to the various departments of the

Government were issued over Defendant Keitel’s signature on 30

September. These are Items 40, 41, and 42 in the Schmundt file. I think

it is sufficient to read the caption and the signature.

THE PRESIDENT: What page?

MR. ALDERMAN: Page 66 of the English version. This is the Supreme

Commander of the Armed Forces, most secret:

“Special Orders Number 1 to Directive Number 1. Subject:

Occupation of Territory Ceded by

Czechoslovakia.”—Signature—“Keitel.”

Item 41 is on Page 70 of the Schmundt file.

“Supreme Command of the Armed Forces; most secret IV a. Most

secret; subject: Occupation of Sudeten-German

Territory.”—Signed—“Keitel.”

Item 42 in the Schmundt file is on Page 75, again most secret.

“Subject: Occupation of the Sudeten-German

Area.”—Signed—“Keitel.”

By 10 October Von Brauchitsch was able to report to Hitler that German

troops had reached the demarcation line and that the order for the

occupation of the Sudetenland had been fulfilled. The OKW requested

Hitler’s permission to rescind Case Green, to withdraw troops from the

occupied area, and to relieve the OKH of executive powers in the

Sudeten-German area as of 15 October. These are Items 46, 47, and 48 in

the Schmundt file.

Item 46, which appears at Page 77, is a letter from Berlin, dated

October 10, 1938, signed by Von Brauchitsch:

“My Führer:

“I have to report that the troops will reach the demarcation

line as ordered, by this evening. Insofar as further military

operations are not required, the order for the occupation of the

country which was given to me will thus have been fulfilled. The

guarding of the new frontier line will be taken over by the

reinforced frontier supervision service in the next few days.

“It is thus no longer a military necessity to combine the

administration of the Sudetenland with the command of the troops

of the Army under the control of one person.

“I therefore ask you, my Führer, to relieve me, with effect from

15 October 1938, of the charge assigned to me: That of

exercising executive powers in Sudeten-German Territory.

“Heil, my Führer, Von Brauchitsch.”

Item 47 of the Schmundt file, appearing on Page 78, is a secret telegram

from the OKW to the Führer’s train, Lieutenant Colonel Schmundt:

“If evening report shows that occupation of Zone 5 has been

completed without incident, OKW intends to order further

demobilization.

“Principle: 1) To suspend operation Grün but maintain a

sufficient state of preparedness on part of Army and Luftwaffe

to make intervention possible if necessary. 2) All units not

needed to be withdrawn from the occupied area and reduced to

peacetime status, as population of occupied area is heavily

burdened by the massing of troops.”

Skipping to below the OKW signature, this appears, at the left:

“Führer’s decision:

“1. Agreed.

“2. Suggestion to be made on the 13 October in Essen by General

Keitel. Decision will then be reached.”

On the same date additional demobilization of the forces in the

Sudetenland was ordered by Hitler and Defendant Keitel. Three days later

the OKW requested Hitler’s consent to the reversion of the RAD (Labor

Corps) from the control of the Armed Forces. These are Items 52 and 53

in the Schmundt file.

As the German forces entered the Sudetenland, Henlein’s Sudetendeutsche

Partei was merged with the NSDAP of Hitler. The two men who had fled to

Hitler’s protection in mid-September, Henlein and Karl Hermann Frank,

were appointed Gauleiter and Deputy Gauleiter, respectively, of the

Sudetengau. In the parts of the Czechoslovak Republic that were still

free the Sudetendeutsche Partei constituted itself as the National

Socialistic German Worker Party in Czechoslovakia, NSDAP in

Czechoslovakia, under the direction of Kundt, another of Henlein’s

deputies.

The Tribunal will find these events set forth in the Czechoslovak

official report, Document 998-PS.

The stage was now prepared for the next move of the Nazi conspirators,

the plan for the conquest of the remainder of Czechoslovakia. With the

occupation of the Sudetenland and the inclusion of German-speaking

Czechs within the Greater Reich, it might have been expected that the

Nazi conspirators would be satisfied. Thus far in their program of

aggression the defendants had used as a pretext for their conquests the

union of the Volksdeutsche, the people of German descent, with the

Reich. Now, after Munich, the Volksdeutsche in Czechoslovakia have been

substantially all returned to German rule.

On 26 September, at the Sportpalast in Berlin, Hitler spoke to the

world. I now refer and invite the notice of the Tribunal to the

_Völkischer Beobachter_, Munich edition, special edition for 27

September 1938, in which this speech is quoted. I read from Page 2,

Column 1, quoting from Hitler:

“And now we are confronted with the last problem which must be

solved and will be solved. It is the last territorial claim”

. . .

THE PRESIDENT: Is this document in our documents?

MR. ALDERMAN: No. I am asking the Court to take judicial notice of that.

THE PRESIDENT: Very well.

MR. ALDERMAN: It is a well-known German publication.

“It is the last territorial claim which I have to make in

Europe, but it is a claim from which I will not swerve and which

I will satisfy, God willing.” (Document Number 2358-PS.)

And further:

“I have little to explain. I am grateful to Mr. Chamberlain for

all his efforts, and I have assured him that the German people

want nothing but peace; but I have also told him that I cannot

go back beyond the limits of our patience.”

This is Page 2, Column 1.

“I assured him, moreover, and I repeat it here, that when this

problem is solved there will be no more territorial problems for

Germany in Europe. And I further assured him that from the

moment, when Czechoslovakia solves its other problems—that is

to say, when the Czechs have come to an arrangement with their

other minorities peacefully and without oppression—I will no

longer be interested in the Czech State. And that, as far as I

am concerned, I will guarantee it. We don’t want any Czechs!”

The major portion of the passage I have quoted will be contained in

Document TC-28, which I think, will be offered by the British

prosecutor.

Yet two weeks later Hitler and Defendant Keitel were preparing estimates

of the military forces required to break Czechoslovak resistance in

Bohemia and Moravia.

I now read from Item 48, at Page 82, of the Schmundt file. This is a

top-secret telegram sent by Keitel to Hitler’s headquarters on 11

October 1938 in answer to four questions which Hitler had propounded to

the OKW. I think it is sufficient merely to read the questions which

Hitler had propounded:

“Question 1. What reinforcements are necessary in the situation

to break all Czech resistance in Bohemia and Moravia?

“Question 2. How much time is requested for the regrouping or

moving up of new forces?

“Question 3. How much time will be required for the same purpose

if it is executed after the intended demobilization and return

measures?

“Question 4. How much time would be required to achieve the

state of readiness of 1 October?”

On 21 October, the same day on which the administration of the

Sudetenland was handed over to the civilian authorities, a directive

outlining plans for the conquest of the remainder of Czechoslovakia was

signed by Hitler and initialed by the Defendant Keitel.

I now offer in evidence Document C-136 as Exhibit USA-104, a top-secret

order of which 10 copies were made, this being the first copy, signed in

ink by Keitel.

In this order, issued only 3 weeks after the winning of the Sudetenland,

the Nazi conspirators are already looking forward to new conquests. I

quote the first part of the body of the document:

“The future tasks for the Armed Forces and the preparations for

the conduct of war resulting from these tasks will be laid down

by me in a later directive. Until this directive comes into

force the Armed Forces must be prepared at all times for the

following eventualities:

“1) The securing of the frontiers of Germany and the protection

against surprise air attacks.

“2) The liquidation of the remainder of Czechoslovakia.

“3) The occupation of the Memel.”

And then proceeding, the statement following Number 2:

“Liquidation of the remainder of Czechoslovakia: It must be

possible to smash at any time the remainder of Czechoslovakia if

her policy should become hostile towards Germany.

“The preparations to be made by the Armed Forces for this

contingency will be considerably smaller in extent than those

for Grün; they must, however, guarantee a continuous and

considerably higher state of preparedness, since planned

mobilization measures have been dispensed with. The

organization, order of battle, and state of readiness of the

units earmarked for that purpose are in peacetime to be so

arranged for a surprise assault that Czechoslovakia herself will

be deprived of all possibility of organized resistance. The

object is the swift occupation of Bohemia and Moravia and the

cutting off of Slovakia. The preparations should be such that at

the same time ‘Grenzsicherung West’”—the measures of frontier

defense in the West—“can be carried out.

“The detailed mission of Army and Air Force is as follows:

“a. Army: The units stationed in the vicinity of Bohemia-Moravia

and several motorized divisions are to be earmarked for a

surprise type of attack. Their number will be determined by the

forces remaining in Czechoslovakia; a quick and decisive success

must be assured. The assembly and preparations for the attack

must be worked out. Forces not needed will be kept in readiness

in such a manner that they may be either committed in securing

the frontiers or sent after the attack army.

“b. Air Force: The quick advance of the German Army is to be

assured by early elimination of the Czech Air Force. For this

purpose the commitment in a surprise attack from peacetime bases

has to be prepared. Whether for this purpose still stronger

forces may be required can be determined from the development of

the military-political situation in Czechoslovakia only. At the

same time a simultaneous assembly of the remainder of the

offensive forces against the West must be prepared.”

And then Part 3 goes on under the heading, “Annexation of the Memel

District.”

It is signed by Adolf Hitler and authenticated by Defendant Keitel. It

was distributed to the OKH, to Defendant Göring’s Luftwaffe, and to

Defendant Raeder at Navy headquarters.

Two months later, on 17 December 1938, Defendant Keitel issued an

appendix to the original order, stating that by command of the Führer

preparations for the liquidation of Czechoslovakia are to continue.

I offer in evidence Document C-138 as Exhibit USA-105, and other

captured OKW documents classified top secret.

Distribution of this order was the same as for the 21 October order. I

shall read the body of this order.

“Corollary to Directive of 21. 10. 38.

“Reference: ‘Liquidation of the Rest of Czechoslovakia.’ The

Führer has given the following additional order:

“The preparations for this eventuality are to continue on the

assumption that no resistance worth mentioning is to be

expected.

“To the outside world too it must clearly appear that it is

merely an action of pacification, and not a warlike undertaking.

“The action must therefore be carried out by the peacetime Armed

Forces only, without reinforcements from mobilization. The

necessary readiness for action, especially the ensuring that the

most necessary supplies are brought up, must be effected by

adjustment within the units.

“Similarly the units of the Army detailed for the march in must,

as a general rule, leave their stations only during the night

prior to the crossing of the frontier, and will not previously

form up systematically on the frontier. The transport necessary

for previous organization should be limited to the minimum and

will be camouflaged as much as possible. Necessary movements, if

any, of single units and particularly of motorized forces, to

the troop training areas situated near the frontier, must have

the approval of the Führer.

“The Air Force should take action in accordance with the similar

general directives.

“For the same reasons the exercise of executive power by the

Supreme Command of the Army is laid down only for the newly

occupied territory and only for a short

period.”—Signed—“Keitel.”

I invite the attention of the Tribunal to the fact that this particular

copy of this order, an original carbon signed in ink by Keitel, was the

one sent to the OKM, the German Naval headquarters. It bears the

initials of Fricke, head of the Operation Division of the naval war

staff; Schniewind, Chief of Staff; and of Defendant Raeder.

As the Wehrmacht moved forward, with plans for what it clearly

considered would be an easy victory, the Foreign Office played its part.

In a discussion of means of improving German-Czech relations with the

Czech Foreign Minister Chvalkovsky in Berlin on 31 January 1939,

Defendant Ribbentrop urged upon the Czech Government a quick reduction

in the size of the Czech Army. I offer in evidence Document 2795-PS as

Exhibit USA-106, captured German Foreign Office notes of this

discussion. I will read only the footnote, which is in Ribbentrop’s

handwriting:

“I mentioned to Chvalkovsky especially that a quick reduction in

the Czech Army would be decisive in our judgment.”

Does the Court propose sitting beyond 4:30?

THE PRESIDENT: No, I think not. The Tribunal will adjourn.

[_The Tribunal adjourned until 4 December 1945 at 1000 hours._]

TWELFTH DAY

Tuesday, 4 December 1945

_Morning Session_

THE PRESIDENT: I will call on the Chief Prosecutor for Great Britain and

Northern Ireland.

SIR HARTLEY SHAWCROSS (Chief Prosecutor for the United Kingdom): May it

please the Tribunal, on an occasion to which reference has and will be

made, Hitler, the leader of the Nazi conspirators who are now on trial

before you, is reported as having said, in reference to their warlike

plans:

“I shall give a propagandist cause for starting the war, never

mind whether it be true or not. The victor shall not be asked

later on whether he told the truth or not. In starting and

making a war, not the right is what matters, but victory—the

strongest has the right.”

The British Empire with its Allies has twice, within the space of 25

years, been victorious in wars which have been forced upon it, but it is

precisely because we realize that victory is not enough, that might is

not necessarily right, that lasting peace and the rule of international

law is not to be secured by the strong arm alone, that the British

nation is taking part in this Trial. There are those who would perhaps

say that these wretched men should have been dealt with summarily

without trial by “executive action”; that their power for evil broken,

they should have been swept aside into oblivion without this elaborate

and careful investigation into the part which they played in bringing

this war about: _Vae Victis!_ Let them pay the penalty of defeat. But

that was not the view of the British Government. Not so would the rule

of law be raised and strengthened on the international as well as upon

the municipal plane; not so would future generations realize that right

is not always on the side of the big battalions; not so would the world

be made aware that the waging of aggressive war is not only a dangerous

venture but a criminal one.

Human memory is very short. Apologists for defeated nations are

sometimes able to play upon the sympathy and magnanimity of their

victors, so that the true facts, never authoritatively recorded, become

obscured and forgotten. One has only to recall the circumstances

following upon the last World War to see the dangers to which, in the

absence of any authoritative judicial pronouncement, a tolerant or a

credulous people is exposed. With the passage of time the former tend to

discount, perhaps because of their very horror, the stories of

aggression and atrocity that may be handed down; and the latter, the

credulous, misled by perhaps fanatical and perhaps dishonest

propagandists, come to believe that it was not they but their opponents

who were guilty of that which they would themselves condemn. And so we

believe that this Tribunal, acting, as we know it will act

notwithstanding its appointment by the victorious powers, with complete

and judicial objectivity, will provide a contemporary touchstone and an

authoritative and impartial record to which future historians may turn

for truth, and future politicians for warning. From this record shall

future generations know not only what our generation suffered, but also

that our suffering was the result of crimes, crimes against the laws of

peoples which the peoples of the world upheld and will continue in the

future to uphold—to uphold by international co-operation, not based

merely on military alliances, but grounded, and firmly grounded, in the

rule of law.

Nor, though this procedure and this Indictment of individuals may be

novel, is there anything new in the principles which by this prosecution

we seek to enforce. Ineffective though, alas, the sanctions proved and

showed to be, the nations of the world had, as it will be my purpose in

addressing the Tribunal to show, sought to make aggressive war an

international crime, and although previous tradition has sought to

punish states rather than individuals, it is both logical and right

that, if the act of waging war is itself an offense against

international law, those individuals who shared personal responsibility

for bringing such wars about should answer personally for the course

into which they led their states. Again, individual war crimes have long

been recognized by international law as triable by the courts of those

states whose nationals have been outraged, at least so long as a state

of war persists. It would be illogical in the extreme if those who,

although they may not with their own hands have committed individual

crimes, were responsible for systematic breaches of the laws of war

affecting the nationals of many states should escape for that reason. So

also in regard to Crimes against Humanity. The rights of humanitarian

intervention on behalf of the rights of man, trampled upon by a state in

a manner shocking the sense of mankind, has long been considered to form

part of the recognized law of nations. Here too, the Charter merely

develops a pre-existing principle. If murder, rapine, and robbery are

indictable under the ordinary municipal laws of our countries, shall

those who differ from the common criminal only by the extent and

systematic nature of their offenses escape accusation?

It is, as I shall show, the view of the British Government that in these

matters, this Tribunal will be applying to individuals, not the law of

the victor, but the accepted principles of international usage in a way

which will, if anything can, promote and fortify the rule of

international law and safeguard the future peace and security of this

war-stricken world.

By agreement between the chief prosecutors, it is my task, on behalf of

the British Government and of the other states associated in this

Prosecution, to present the case on Count Two of the Indictment and to

show how these defendants, in conspiracy with each other, and with

persons not now before this Tribunal, planned and waged a war of

aggression in breach of the treaty obligations by which, under

international law, Germany, as other states, has thought to make such

wars impossible.

The task falls into two parts. The first is to demonstrate the nature

and the basis of the Crime against Peace, which is constituted under the

Charter of this Tribunal, by waging wars of aggression and in violation

of treaties; and the second is to establish beyond all possibility of

doubt that such wars were waged by these defendants.

As to the first, it would no doubt be sufficient just to say this. It is

not incumbent upon the Prosecution to prove that wars of aggression and

wars in violation of international treaties are, or ought to be,

international crimes. The Charter of this Tribunal has prescribed that

they are crimes and that the Charter is the statute and the law of this

Court. Yet, though that is the clear and mandatory law governing the

jurisdiction of this Tribunal, we feel that we should not be discharging

our task in the abiding interest of international justice and morality

unless we showed to the Tribunal, and indeed to the world, the position

of this provision of the Charter against the general perspective of

international law. For, just as in the experience of our country, some

old English statutes were merely declaratory of the common law, so today

this Charter merely declares and creates a jurisdiction in respect of

what was already the law of nations.

Nor is it unimportant to emphasize that aspect of the matter, lest there

may be some, now or hereafter, who might allow their judgment to be

warped by plausible catchwords or by an uninformed and distorted sense

of justice towards these defendants. It is not difficult to be misled by

such criticisms as that resort to war in the past has not been a crime;

that the power to resort to war is one of the prerogatives of the

sovereign state; even that this Charter, in constituting wars of

aggression a crime, has imitated one of the most obnoxious, doctrines of

National Socialist jurisprudence, namely _post factum_ legislation—that

the Charter is in this respect reminiscent of bills of attainder—and

that these proceedings are no more than a measure of vengeance, subtly

concealed in the garb of judicial proceedings which the victor wreaks

upon the vanquished. These things may sound plausible—yet they are not

true. It is, indeed, not necessary to doubt that some aspects of the

Charter bear upon them the imprint of significant and salutary novelty.

But it is our submission and our conviction, which we affirm before this

Tribunal and the world, that fundamentally the provision of the Charter

which constitutes wars, such wars as these defendants joined in waging

and in planning a crime, is not in any way an innovation. This provision

of the Charter does no more than constitute a competent jurisdiction for

the punishment of what not only the enlightened conscience of mankind

but the law of nations itself had constituted an international crime

before this Tribunal was established and this Charter became part of the

public law of the world.

So first let this be said:

Whilst it may be quite true that there is no body of international rules

amounting to law in the Austinian sense of a rule imposed by a sovereign

upon a subject obliged to obey it under some definite sanction; yet for

50 years or more the people of the world, striving perhaps after that

ideal of which the poet speaks:

“When the war drums throb no longer

And the battle flags are furled,

In the parliament of man,

The federation of the world”—

sought to create an operative system of rules based upon the consent of

nations to stabilize international relations, to avoid war taking place

at all and to mitigate the results of such wars as took place. The first

treaty was of course the Hague Convention of 1899 for the Pacific

Settlement of International Disputes. That Convention was, indeed, of no

more than precatory effect, and we attach no weight to it for the

purposes of this case, but it did establish agreement that, in the event

of serious disputes arising between the signatory powers, they would as

far as possible submit to mediation. That Convention was followed in

1907 by another convention reaffirming and slightly strengthening what

had previously been agreed. These early conventions fell, indeed, very

far short of outlawing war, or of creating any binding obligation to

arbitrate. I shall certainly not ask the Tribunal to say any crime was

committed by disregarding those conventions.

But at least they established that the contracting powers accepted the

general principle that, if at all possible, war should be resorted to

only if mediation failed.

Although these conventions are mentioned in this Indictment, I am not

relying on them save to show the historical development of the law, and

it is unnecessary, therefore, to argue about their precise effect, for

the place which they once occupied has been taken by far more effective

instruments. I mention them now merely for this, that they were the

first steps towards that body of rules of law which we are seeking here

to enforce.

There were, of course, other individual agreements between particular

states, agreements which sought to preserve the neutrality of individual

countries, as, for instance, that of Belgium, but those agreements were

inadequate, in the absence of any real will to comply with them, to

prevent the first World War in 1914.

Shocked by the occurrence of that catastrophe, the nations of Europe,

not excluding Germany, and of other parts of the world, came to the

conclusion that, in the interests of all alike, a permanent organization

of the nations should be established to maintain the peace. And so the

Treaty of Versailles was prefaced by the Covenant of the League of

Nations.

Now, I say nothing at this moment of the general merits of the various

provisions of the Treaty of Versailles. They have been criticized, some

of them perhaps justly criticized, and they were certainly made the

subject of much bellicose propaganda in Germany. But it is unnecessary

to inquire into the merits of the matter, for, however unjust one might

for this purpose assume the provisions of the Treaty of Versailles to

have been, they contained no kind of excuse for the waging of war to

secure an alteration in their terms. Not only was that treaty a

settlement, by agreement, of all the difficult territorial questions

which had been left outstanding by the war itself, but it established

the League of Nations which, if it had been loyally supported, could so

well have resolved those international differences which might otherwise

have led, as indeed they eventually did lead, to war. It set up in the

Council of the League, in the Assembly and in the Permanent Court of

International Justice, a machine not only for the peaceful settlement of

international disputes, but also for the frank ventilation of all

international questions by open and free discussion. At that time, in

those years after the last war, the hopes of the world stood high.

Millions of men in all countries—perhaps even in Germany itself—had

laid down their lives in what they hoped and believed was a war to end

war. Germany herself entered the League of Nations and was given a

permanent seat on the Council; and on that Council, as in the assembly

of the League, German governments which preceded that of the Defendant

Von Papen in 1932 played their full part. In the years from 1919 to that

time in 1932, despite some comparatively minor incidents in the heated

atmosphere which followed the end of the war, the peaceful operation of

the League continued. Nor was it only the operation of the League which

gave ground, and good ground, for hope that at long last the rule of law

would replace anarchy in the international field.

The statesmen of the world deliberately set out to make wars of

aggression an international crime. These are no new terms invented by

the victors to embody in this Charter. They have figured, and they have

figured prominently, in numerous treaties, in governmental

pronouncements, and in the declarations of statesmen in the period

preceding the second World War. In treaties concluded between the Union

of Soviet Socialist Republics and other states, such as Persia in 1927,

France in 1935, China in 1937, the contracting parties undertook to

refrain from any act of aggression whatever against the other party. In

1933 the Soviet Union became a party to a large number of treaties

containing a detailed definition of aggression, and the same definition

appeared in the same year in the authoritative report of the Committee

on Questions of Security set up in connection with the Conference for

the Reduction and Limitation of Armaments. But at this time states were

going beyond commitments to refrain from wars of aggression and to

assist states which were victims of aggression. They were condemning

aggression in unmistakable terms. Thus in the Anti-War Treaty of

Non-Aggression and Conciliation, which was signed on the 10th of October

1933, by a number of American states, subsequently joined by practically

all the states of the American continents and a number of European

countries as well, the contracting parties solemnly declared that “they

condemn wars of aggression in their mutual relations or in those of

other states.” And that treaty was fully incorporated into the Buenos

Aires convention of December 1936, signed and ratified by a large number

of American countries, including, of course, the United States. And

previously, in 1928, the 6th Pan-American Conference had adopted a

resolution declaring that, as “war of aggression constitutes a crime

against the human species . . . all aggression is illicit and as such is

declared prohibited.” A year earlier, as long ago as September 1927, the

Assembly of the League of Nations adopted a resolution affirming the

conviction that “a war of aggression can never serve as a means of

settling international disputes and is, in consequence, an international

crime” and going on to declare that “all wars of aggression are, and

shall always be prohibited.”

The first article of the draft Treaty for Mutual Assistance of 1923 read

in these terms:

“The High Contracting Parties, affirming that aggressive war is

an international crime, undertake the solemn engagement not to

make themselves guilty of this crime against any other nation.”

In the Preamble to the Geneva Protocol of 1924, it was stated that

“offensive warfare constitutes an infraction of solidarity and an

international crime.” These instruments that I have just last mentioned

remained, it is true, unratified for various reasons, but they are not

without significance or value.

These repeated declarations, these repeated condemnations of wars of

aggression testified to the fact that with the establishment of the

League of Nations, with the legal developments which followed it, the

place of war in international law had undergone a profound change. War

was ceasing to be the unrestricted prerogative of sovereign states. The

Covenant of the League of Nations did not totally abolish the right of

war. It left, perhaps, certain gaps which were possibly larger in theory

than in practice. But in effect it surrounded the right of war by

procedural and substantive checks and delays, which, if the Covenant had

been faithfully observed, would have amounted to an elimination of war,

not only between members of the League, but also, by reason of certain

provisions of the Covenant, in the relations of non-members as well. And

thus the Covenant of the League restored the position as it existed at

the dawn of international law, at the time when Grotius was laying down

the foundations of the modern law of nations and established the

distinction, a distinction accompanied by profound legal consequences in

the sphere, for instance, of neutrality, between a just war and an

unjust war.

Nor was that development arrested with the adoption of the Covenant of

the League. The right of war was further circumscribed by a series of

treaties, numbering—it is an astonishing figure but it is right—nearly

a thousand, of arbitration and conciliation embracing practically all

the nations of the world. The so-called Optional Clause of Article 36 of

the Statute of the Permanent Court of International Justice, the clause

which conferred upon the Court compulsory jurisdiction in regard to the

most comprehensive categories of disputes, and which constituted in

effect by far the most important compulsory treaty of arbitration in the

postwar period, was widely signed and ratified. Germany herself signed

it in 1927 and her signature was renewed, and renewed for a period of 5

years by the Nazi government in July of 1933. (Significantly, that

ratification was not again renewed on the expiration of its 5 years’

validity in March of 1938 by Germany). Since 1928 a considerable number

of states signed and ratified the General Act for the Pacific Settlement

of International Disputes which was designed to fill the gaps left by

the Optional Clause and by the existing treaties of arbitration and

conciliation.

And all this vast network of instruments of pacific settlement testified

to the growing conviction throughout the civilized world that war was

ceasing to be the normal or the legitimate means of settling

international disputes. The express condemnation of wars of aggression,

which I have already mentioned, supplies the same testimony. But there

was, of course, more direct evidence pointing in the same direction. The

Treaty of Locarno of the 16th October 1925, to which I shall have

occasion to refer presently, and to which Germany was a party, was more

than a treaty of arbitration and conciliation in which the parties

undertook definite obligations with regard to the pacific settlement of

disputes which might arise between them. It was, subject to clearly

specified exceptions of self-defense in certain contingencies, a more

general undertaking in which the parties to it agreed that “they would

in no case attack or invade each other or resort to war against each

other.” And that constituted a general renunciation of war, and it was

so considered to be in the eyes of international jurists and in the

public opinion of the world. The Locarno Treaty was not just another of

the great number of arbitration treaties which were being concluded at

this time. It was regarded as a kind of cornerstone in the European

settlement and in the new legal order in Europe in partial, just, and

indeed, generous substitution for the rigors of the Treaty of

Versailles. And with that treaty, the term “outlawry of war” left the

province of mere pacifist propaganda. It became current in the writings

on international law and in the official pronouncements of governments.

No one could any longer say, after the Locarno Treaty—no one could any

longer associate himself with the plausible assertion that at all

events, as between the parties to that treaty, war remained an

unrestricted right of sovereign states.

But, although the effect of the Locarno Treaty was limited to the

parties to it, it had wider influence in paving the way towards that

most fundamental, that truly revolutionary enactment in modern

international law, namely, the General Treaty for the Renunciation of

War of 27 August 1928, the Pact of Paris, the Kellogg-Briand Pact. That

treaty, a most deliberate and carefully prepared piece of international

legislation, was binding in 1939 on more than 60 nations, including

Germany. It was, and it has remained, the most widely signed and

ratified international instrument. It contained no provision for its

termination, and it was conceived, as I said, as the cornerstone of any

future international order worthy of the name. It is fully part of

international law as it stands today, and it has in no way been modified

or replaced by the Charter of the United Nations. It is right, in this

solemn hour in the history of the world, when the responsible leaders of

a state stand accused of a premeditated breach of this great treaty

which was, which remains, a source of hope and of faith for mankind, to

set out in detail its two operative articles and its Preamble. Let me

read them to the Tribunal—first the Preamble, and it starts like this:

“The President of the German Reich”—and the other states

associated . . .

THE PRESIDENT: Shall we find it among the documents?

SIR HARTLEY SHAWCROSS: It will be put in. I don’t think you have it at

the moment.

“The President of the German Reich . . . deeply sensitive of

their solemn duty to promote the welfare of mankind; persuaded

that the time has come when a frank renunciation of war as an

instrument of international policy should be made to the end

that the peaceful and friendly relations now existing between

their peoples may be perpetuated; convinced that all changes in

their relations with one another should be sought only by

pacific means and be the result of a peaceful and orderly

progress, and that any signatory power which shall hereafter

seek to promote its national interests by resort to war, should

be denied the benefits furnished by this Treaty; hopeful that,

encouraged by their example, all the other nations of the world

will join in this humane endeavor and by adhering to the present

treaty as soon as it comes into force bring their peoples within

the scope of its beneficent provisions, thus uniting civilized

nations of the world in a common renunciation of war as an

instrument of their national policy . . . .”

Then, Article I:

“The High Contracting Parties solemnly declare in the names of

their respective peoples that they condemn recourse to war for

the solution of international controversies and renounce it as

an instrument of national policy in their relations with one

another.”

And Article II:

“The High Contracting Parties agree that the settlement or

solution of all disputes or conflicts of whatever nature or of

whatever origin they may be, which may arise among them, shall

never be sought except by pacific means.”

In that treaty, that General Treaty for the Renunciation of War,

practically the whole civilized world abolished war as a legally

permissible means of enforcing the law or of changing it. The right of

war was no longer of the essence of sovereignty. Whatever the position

may have been at the time of the Hague Convention, whatever the position

may have been in 1914, whatever it may have been in 1918—and it is not

necessary to discuss it—no international lawyer of repute, no

responsible statesman, no soldier concerned with the legal use of armed

forces, no economist or industrialist concerned in his country’s war

economy could doubt that with the Pact of Paris on the statute book a

war of aggression was contrary to international law. Nor have the

repeated violations of the Pact by the Axis Powers in any way affected

its validity. Let this be firmly and clearly stated. Those very

breaches, except perhaps to the cynic and the malevolent, have added to

the strength of the treaty; they provoked the sustained wrath of peoples

angered by the contemptuous disregard of this great statute and

determined to vindicate its provisions. The Pact of Paris is the law of

nations. This Tribunal will declare it. The world must enforce it.

Let this also be said, that the Pact of Paris was not a clumsy

instrument likely to become a kind of signpost for the guilty. It did

not enable Germany to go to war against Poland and yet rely, as against

Great Britain and France, on any immunity from warlike action because of

the very provisions of the pact. For the pact laid down expressly in its

preamble that no state guilty of a violation of its provisions might

invoke its benefits. And when, on the outbreak of the second World War,

Great Britain and France communicated to the League of Nations that a

state of war existed between them and Germany as from the 3rd of

September 1939, they declared that by committing an act of aggression

against Poland, Germany had violated her obligations assumed not only

towards Poland but also towards the other signatories of the pact. A

violation of the pact in relation to one signatory was an attack upon

all the other signatories and they were entitled to treat it as such. I

emphasize that point lest any of these defendants should seize upon the

letter of the particulars of Count Two of the Indictment and seek to

suggest that it was not Germany who initiated war with the United

Kingdom and France on 3 September 1939. The declaration of war came from

the United Kingdom and from France; the act of war and its commencement

came from Germany in violation of the fundamental enactment to which she

was a party.

The General Treaty for the Renunciation of War, this great

constitutional instrument of an international society awakened to the

deadly dangers of another Armageddon, did not remain an isolated effort

soon to be forgotten in the turmoil of recurrent international crises.

It became, in conjunction with the Covenant of the League of Nations or

independently of it, the starting point for a new orientation of

governments in matters of peace, war, and neutrality. It is of

importance, I think, to quote just one or two of the statements which

were being made by governments at that time in relation to the effect of

the pact. In 1929 His Majesty’s Government in the United Kingdom said,

in connection with the question of conferring upon the Permanent Court

of International Justice jurisdiction with regard to the exercise of

belligerent rights in relation to neutral states—and it illustrates the

profound change which was being accepted as having taken place as a

result of the Pact of Paris in international law:

“But the whole situation . . . . rests, and international law on

the subject has been entirely built up, on the assumption that

there is nothing illegitimate in the use of war as an instrument

of national policy, and, as a necessary corollary, that the

position and rights of neutrals are entirely independent of the

circumstances of any war which may be in progress. Before the

acceptance of the Covenant, the basis of the law of neutrality

was that the rights and obligations of neutrals were identical

as regards both belligerents, and were entirely independent of

the rights and wrongs of the dispute which had led to the war,

or the respective position of the belligerents at the bar of

world opinion.”

Then the Government went on:

“Now it is precisely this assumption which is no longer valid as

regards states which are members of the League of Nations and

parties to the Peace Pact. The effect of those instruments,

taken together, is to deprive nations of the right to employ war

as an instrument of national policy, and to forbid the states

which have signed them to give aid or comfort to an offender.”

This was being said in 1929, when there was no war upon the horizon.

“As between such states, there has been in consequence a

fundamental change in the whole question of belligerent and

neutral rights. The whole policy of His Majesty’s present

Government (and, it would appear, of any alternative government)

is based upon a determination to comply with their obligations

under the Covenant of the League and the Peace Pact. This being

so, the situation which we have to envisage in the event of a

war in which we were engaged is not one in which the rights and

duties of belligerents and neutrals will depend upon the old

rules of war and neutrality, but one in which the position of

the members of the League will be determined by the Covenant and

by the Pact.”

The Chief Prosecutor for the United States of America referred in his

opening speech before this Tribunal to the weighty pronouncement of Mr.

Stimson, the Secretary of War, in which, in 1932, he gave expression to

the drastic change brought about in international law by the Pact of

Paris, and it is perhaps convenient to quote the relevant passage in

full:

“War between nations was renounced by the signatories of the

Kellogg-Briand Pact. This means that it has become illegal

throughout practically the entire world. It is no longer to be

the source and subject of rights. It is no longer to be the

principle around which the duties, the conduct, and the rights

of nations revolve. It is an illegal thing. Hereafter, when two

nations engage in armed conflict, either one or both of them

must be wrongdoers—violators of this general treaty law. We no

longer draw a circle about them and treat them with the

punctilios of the duelist’s code. Instead we denounce them as

law-breakers.”

And nearly 10 years later, when numerous independent states lay

prostrate, shattered or menaced in their very existence before the

impact of the war machine of the Nazi State, the Attorney General of the

United States, subsequently a distinguished member of the highest

Tribunal of that great country, gave significant expression to the

change which had been effected in the law as the result of the Pact of

Paris in a speech for which the freedom-loving peoples of the world will

always be grateful. On the 27th of March 1941—and I mention it now not

as merely being the speech of a statesman, although it was certainly

that, but as being the considered opinion of a distinguished lawyer,—he

said this:

“The Kellogg-Briand Pact of 1928, in which Germany, Italy and

Japan covenanted with us, as well as with other nations, to

renounce war as an instrument of policy, made definite the

outlawry of war and of necessity altered the dependent concept

of neutral obligations.

“The Treaty for the Renunciation of War and the Argentine

Anti-War Treaty deprived their signatories of the right of war

as an instrument of national policy or aggression and rendered

unlawful wars undertaken in violation of these provisions. In

consequence these treaties destroyed the historical and

juridical foundations of the doctrine of neutrality conceived as

an attitude of absolute impartiality in relation to aggressive

wars . . . .

“It follows that the state which has gone to war in violation of

its obligations acquires no right to equality of treatment from

other states, unless treaty obligations require different

handling of affairs. It derives no rights from its illegality.

“In flagrant cases of aggression where the facts speak so

unambiguously that world opinion takes what may be the

equivalent of judicial notice, we may not stymie international

law and allow these great treaties to become dead letters. The

intelligent public opinion of the world which is not afraid to

be vocal, and the action of the American States, has made a

determination that the Axis Powers are the aggressors in the

wars today, which is an appropriate basis in the present state

of international organizations for our policy.”

Thus, there is no doubt that by the time the National Socialist State of

Germany had embarked upon the preparation of the war of aggression

against the civilized world and by the time it had accomplished that

design, aggressive war had become, in virtue of the Pact of Paris and

the other treaties and declarations to which I have referred, illegal

and a crime beyond all uncertainty and doubt. And it is on that

proposition, and fundamentally on that universal treaty, the

Kellogg-Briand Pact, that Count Two of this Indictment is principally

based.

The Prosecution has deemed it necessary—indeed, imperative—to

establish beyond all possibility of question, at what I am afraid may

appear to be excessive length, that only superficial learning or

culpable sentimentality can assert that there is any significant element

of retroactivity in the determination of the authors of this Charter to

treat aggressive war as conduct which international law has prohibited

and stigmatized as criminal. We have traced the progressive limitation

of the rights of war, the renunciation and condemnation of wars of

aggression, and above all, the total prohibition and condemnation of all

wars conceived as an instrument of national policy. What statesman or

politician in charge of the affairs of nations could doubt, from 1928

onwards, that aggressive war, or that all war, except in self-defense or

for the collective enforcement of the law, or against a state which had

itself violated the Pact of Paris, was unlawful and outlawed? What

statesman or politician embarking upon such a war could reasonably and

justifiably count upon an immunity other than that of a successful

outcome of the criminal venture? What more decisive evidence of a

prohibition laid down by positive international law could any lawyer

desire than that which has been adduced before this Tribunal?

There are, it is true, some small town lawyers who deny the very

existence of any international law; and indeed, as I have said, the

rules of the law of nations may not satisfy the Austinian test of being

imposed by a sovereign. But the legal regulation of international

relations rests upon quite different juridical foundations. It depends

upon consent, but upon a consent which, once given, cannot be withdrawn

by unilateral action. In the international field the source of law is

not the command of a sovereign but the treaty agreement binding upon

every state which has adhered to it. And it is indeed true, and the

recognition of its truth today by all the great powers of the world is

vital to our future peace—it is indeed true that, as M. Litvinov once

said, and as Great Britain fully accepts:

“Absolute sovereignty and entire liberty of action only belong

to such states as have not undertaken international obligations.

Immediately a state accepts international obligations it limits

its sovereignty.”

In that way and that way alone lies the future peace of the world. Yet

it may be argued that although war itself was outlawed and forbidden, it

was not criminally outlawed and criminally forbidden. International law,

it may be said, does not attribute criminality to states and still less

to individuals. But can it really be said on behalf of these defendants

that the offense of these aggressive wars, which plunged millions of

people to their death, which by dint of War Crimes and Crimes against

Humanity brought about the torture and extermination of countless

thousands of innocent civilians, which devastated cities, which

destroyed the amenities—nay, the most rudimentary necessities of

civilization in many countries—which has brought the world to the brink

of ruin from which it will take generations to recover—will it

seriously be said by these defendants that such a war is only an

offense, only an illegality, only a matter of condemnation perhaps

sounding in damages, but not a crime justiciable by any Tribunal? No law

worthy of the name can allow itself to be reduced to an absurdity in

that way, and certainly the great powers responsible for this Charter

were not prepared to admit it. They draw the inescapable conclusion from

the renunciation, the prohibition, the condemnation of war which had

become part of the law of nations, and they refuse to reduce justice to

impotence by subscribing to the outworn doctrines that a sovereign state

can commit no crime and that no crime can be committed on behalf of the

sovereign state by individuals acting in its behalf. They refuse to

stultify themselves, and their refusal and their decision has decisively

shaped the law for this Tribunal.

If this be an innovation, it is an innovation long overdue—a desirable

and beneficent innovation fully consistent with justice, fully

consistent with common sense and with the abiding purposes of the law of

nations. But is it indeed an innovation? Or is it no more than the

logical development of the law? There was indeed a time when

international lawyers used to maintain that the liability of the state,

because of its sovereignty, was limited to a contractual responsibility.

International tribunals have not accepted that view. They have

repeatedly affirmed that a state can commit a tort; that it may be

guilty of trespass, of nuisance, and of negligence. And they have gone

further. They have held that a state may be bound to pay what are in

effect penal damages. In a recent case decided in 1935 between the

United States and Canada, an arbitral tribunal, with the concurrence of

its American member, decided that the United States were bound to pay

what amounted to penal damages for an affront to Canadian sovereignty.

And on a wider plane, the Covenant of the League of Nations, in

providing for sanctions, recognized the principle of enforcement of the

law against collective units, such enforcement to be, if necessary, of a

penal character. And so there is not anything startlingly new in the

adoption of the principle that the state as such is responsible for its

criminal acts. In fact, save for reliance on the unconvincing argument

of sovereignty, there is in law no reason why a state should not be

answerable for crimes committed on its behalf. A hundred years ago Dr.

Lushington, a great English Admiralty judge, refused to admit that a

state could not be a pirate. History—very recent history—does not

warrant the view that a state cannot be a criminal. On the other hand,

the immeasurable potentialities for evil, inherent in the state in this

age of science and organization would seem to demand, quite

imperatively, means of repression of criminal conduct even more drastic

and more effective than in the case of individuals. And insofar,

therefore, as this Charter has put on record the principle of the

criminal responsibility of the state, it must be applauded as a wise and

far-seeing measure of international legislation.

[_A recess was taken._]

SIR HARTLEY SHAWCROSS: [_Continuing._] I was saying before the recess

that there could be no doubt about the principle of criminal

responsibility on the part of the state which engaged in aggressive war.

Admittedly, the conscience shrinks from the rigors of collective

punishment, which may fall upon the guilty and the innocent alike,

although, it may be noted, most of these innocent victims would not have

hesitated to reap the fruits of the criminal act if it had been

successful. Humanity and justice will find means of mitigating any

injustice in collective punishment. Above all, much hardship can be

obviated by making the punishment fall upon the individuals who were

themselves directly responsible for the criminal conduct of their state.

It is here that the powers who framed this Charter took a step which

justice, sound legal sense, and an enlightened appreciation of the good

of mankind must acclaim without cavil or reserve. The Charter lays down

expressly that there shall be individual responsibility for the crimes,

including the crimes against the peace, committed on behalf of the

state. The state is not an abstract entity. Its rights and duties are

the rights and duties of men. Its actions are the actions of men. It is

a salutary principle, a principle of law, that politicians who embark

upon a particular policy—as here—of aggressive war should not be able

to seek immunity behind the intangible personality of the state. It is a

salutary legal rule that persons who, in violation of the law, plunge

their own and other countries into an aggressive war should do so with a

halter around their necks.

To say that those who aid and abet, who counsel and procure a crime are

themselves criminals, is a commonplace in our own municipal law. Nor is

the principle of individual international responsibility for offenses

against the law of nations altogether new. It has been applied not only

to pirates. The entire law relating to war crimes, as distinct from the

crime of war, is based upon the principle of individual responsibility.

The future of international law, and indeed, of the world itself,

depends on its application in a much wider sphere, in particular, in

that of safeguarding the peace of the world. There must be acknowledged

not only, as in the Charter of the United Nations, fundamental human

rights, but also, as in the Charter of this Tribunal, fundamental human

duties, and of these none is more vital, none is more fundamental, than

the duty not to vex the peace of nations in violation of the clearest

legal prohibitions and undertakings. If this be an innovation, it is an

innovation which we are prepared to defend and to justify, but it is not

an innovation which creates a new crime. International law had already,

before the Charter was adopted, constituted aggressive war a criminal

act.

There is thus no substantial retroactivity in the provisions of the

Charter. It merely fixes the responsibility for a crime already clearly

established as such by positive law upon its actual perpetrators. It

fills a gap in international criminal procedure. There is all the

difference between saying to a man, “You will now be punished for what

was not a crime at all at the time you committed it,” and in saying to

him, “You will now pay the penalty for conduct which was contrary to law

and a crime when you executed it, although, owing to the imperfection of

the international machinery, there was at that time no court competent

to pronounce judgment against you.” It is that latter course which we

adopt, and if that be retroactivity, we proclaim it to be most fully

consistent with that higher justice which, in the practice of civilized

states, has set a definite limit to the retroactive operation of laws.

Let the defendants and their protagonists complain that the Charter is

in this matter an _ex parte fiat_ of the victors. These victors,

composing, as they do, the overwhelming majority of the nations of the

world, represent also the world’s sense of justice, which would be

outraged if the crime of war, after this second world conflict, were to

remain unpunished. In thus interpreting, declaring, and supplementing

the existing law, these states are content to be judged by the verdict

of history. _Securus judicat orbis terrarum._ Insofar as the Charter of

this Tribunal introduces new law, its authors have established a

precedent for the future—a precedent operative against all, including

themselves, but in essence that law, rendering recourse to aggressive

war an international crime, had been well established when the Charter

was adopted. It is only by way of corruption of language that it can be

described as a retroactive law.

There remains the question, with which I shall not detain the Tribunal

for long, whether these wars which were launched by Germany and her

leaders in violation of treaties or agreements or assurances were also

wars of aggression. A war of aggression is a war which is resorted to in

violation of the international obligation not to have recourse to war,

or, in cases in which war is not totally renounced, which is resorted to

in disregard of the duty to utilize the procedure of pacific settlement

which a state has bound itself to observe. There was, as a matter of

fact, in the period between the two world wars, a divergence of opinion

among jurists and statesmen whether it was preferable to attempt in

advance a legal definition of aggression, or to leave to the states

concerned and to the collective organs of the international community

freedom of appreciation of the facts in any particular situation that

might arise. Those holding the latter view argued that a rigid

definition might be abused by an unscrupulous state to fit in with its

aggressive design; they feared, and the British Government was for a

time among those who took this view, that an automatic definition of

aggression might become “a trap for the innocent and a signpost for the

guilty.” Others held that in the interest of certainty and security a

definition of aggression, like a definition of any crime in municipal

law, was proper and useful. They urged that the competent international

organs, political and judicial, could be trusted to avoid in any

particular case a definition of aggression which might lead to

obstruction or to an absurdity. In May of 1933 the Committee on Security

Questions of the Disarmament Conference proposed a definition of

aggression on these lines:

“The aggressor in an international conflict shall, subject to

the agreements in force between the parties to the dispute, be

considered to be that state which is the first to commit any of

the following actions:

“(1) Declaration of war upon another state;

“(2) Invasion by its armed forces, with or without a declaration

of war, of the territory of another state;

“(3) Attack by its land, naval, or air forces, with or without a

declaration of war, on the territory, vessels, or aircraft of

another state;

“(4) Naval blockade of the coasts or ports of another state;

“(5) Provision of support to armed bands formed in its territory

which have invaded the territory of another state, or refusal;

notwithstanding the request of the invaded state, to take in its

own territory all the measures in its power to deprive those

bands of all assistance or protection.”

The various treaties concluded in 1933 by the Union of Soviet Socialist

Republics and other states followed closely that definition. So did the

draft convention submitted in 1933 by His Majesty’s Government to the

Disarmament Conference.

However, it is unprofitable to elaborate here the details of the problem

or of the definition of aggression. This Tribunal will not allow itself

to be deflected from its purpose by attempts to ventilate in this Court

what is an academic and, in the circumstances, an utterly unreal

controversy as to what is the nature of a war of aggression, for there

is no definition of aggression, general or particular, which does not

cover and cover abundantly and irresistibly in every detail, the

premeditated onslaught by Germany on the territorial integrity and

political independence of so many sovereign states.

This, then, being the law as we submit it to be to this Tribunal—that

the peoples of the world by the Pact of Paris had finally outlawed war

and made it criminal—I turn now to the facts to see how these

defendants under their leader and with their associates destroyed the

high hopes of mankind and sought to revert to international anarchy.

First, let this be said, for it will be established beyond doubt by the

documents which you will see, from the moment Hitler became Chancellor

in 1933, with the Defendant Von Papen as Reich Chancellor, and with the

Defendant Von Neurath as his Foreign Minister, the whole atmosphere of

the world darkened. The hopes of the people began to recede. Treaties

seemed no longer matters of solemn obligation but were entered into with

complete cynicism as a means for deceiving other states of Germany’s

warlike intentions. International conferences were no longer to be used

as a means for securing pacific settlements but as occasions for

obtaining by blackmail demands which were eventually to be enlarged by

war. The world came to know the “war of nerves”, the diplomacy of the

_fait accompli_, of blackmail and bullying.

In October 1933 Hitler told his Cabinet that as the proposed Disarmament

Convention did not concede full equality to Germany, “It would be

necessary to torpedo the Disarmament Conference. It was out of the

question to negotiate: Germany would leave the Conference and the

League”. On the 21st of October 1933 Germany did so, and by so doing

struck a deadly blow at the fabric of security which had been built up

on the basis of the League Covenant. From that time on the record of

their foreign policy became one of complete disregard of international

obligations, and indeed not least of those solemnly concluded by

themselves. Hitler himself expressly avowed to his confederates,

“Agreements are kept only so long as they serve a certain purpose.” He

might have added that again and again that purpose was only to lull an

intended victim into a false sense of security. So patent, indeed, did

this eventually become that to be invited by the Defendant Ribbentrop to

enter a non-aggression pact with Germany was almost a sign that Germany

intended to attack the state concerned. Nor was it only the formal

treaty which they used and violated as circumstances seemed to make

expedient. These defendants are charged, too, with breaches of the less

formal assurances which, in accordance with diplomatic usage, Germany

gave to neighboring states. You will hear the importance which Hitler

himself publicly attached to assurances of that kind. Today, with the

advance of science, the world has been afforded means of communication

and intercourse hitherto unknown, and as Hitler himself expressly

recognized in his public utterances, international relations no longer

depend upon treaties alone. The methods of diplomacy change. The leader

of one nation can speak directly to the government and peoples of

another, and that course was not infrequently adopted by the Nazi

conspirators. But, although the methods change, the principles of good

faith and honesty, established as the fundamentals of civilized society,

both in the national and international spheres, remain unaltered. It is

a long time since it was said that we are part one of another, and if

today the different states are more closely connected and thus form part

of a world society more than ever before, so also, more than before, is

there that need for good faith and honesty between them.

Let us see how these defendants, ministers and high officers of the Nazi

Government, individually and collectively comported themselves in these

matters.

On the 1st of September 1939 in the early hours of the morning under

manufactured and, in any event, inadequate pretexts, the Armed Forces of

the German Reich invaded Poland along the whole length of her frontiers

and thus launched the war which was to bring down so many of the pillars

of our civilization.

It was a breach of the Hague Conventions. It was a breach of the Treaty

of Versailles which had established the frontiers between Germany and

Poland. And however much Germany disliked that treaty—although Hitler

had expressly stated that he would respect its territorial

provisions—however much she disliked it, she was not free to break it

by unilateral action. It was a breach of the Arbitration Treaty between

Germany and Poland concluded at Locarno on the 16th of October 1925. By

that treaty Germany and Poland expressly agreed to refer any matters of

dispute not capable of settlement by ordinary diplomatic machinery to

the decision of an arbitral tribunal or of the Permanent Court of

International Justice. It was a breach of the Pact of Paris. But that is

not all. It was also a breach of a more recent and, in view of the

repeated emphasis laid upon it by Hitler himself, in some ways a more

important engagement into which Nazi Germany had entered with Poland.

After the Nazi Government came into power, on the 26th of January 1934

the German and Polish Governments had signed a 10 year pact of

non-aggression. It was, as the signatories themselves stated, to

introduce a new era into the political relations between Poland and

Germany. It was said in the text of the pact itself that “the

maintenance and guarantee of lasting peace between the two countries is

an essential prerequisite for the general peace of Europe.” The two

governments therefore agreed to base their mutual relations on the

principles laid down in the Pact of Paris, and they solemnly declared

that:

“In no circumstances . . . will they proceed to the application

of force for the purpose of reaching a decision in such

disputes.”

That declaration and agreement was to remain in force for at least 10

years and thereafter it was to remain valid unless it was denounced by

either Government 6 months before the expiration of the 10 years, or

subsequently by 6 months’ notice. Both at the time of its signature and

during the following 4 years Hitler spoke of the German-Polish agreement

publicly as though it were a cornerstone of his foreign policy. By

entering into it, he persuaded many people that his intentions were

genuinely pacific, for the re-emergence of a new Poland and an

independent Poland after the war had cost Germany much territory and had

separated East Prussia from the Reich. And that Hitler should, of his

own accord, enter into friendly relations with Poland—that in his

speeches on foreign policy he should proclaim his recognition of Poland

and of her right to an exit to the sea, and the necessity for Germans

and Poles to live side by side in amity—these facts seemed to the world

to be convincing proof that Hitler had no “revisionist” aims which would

threaten the peace of Europe; that he was even genuinely anxious to put

an end to the age-old hostility between the Teuton and the Slav. If his

professions were, as embodied in the treaty and as contained in these

declarations, genuine, his policy excluded a renewal of the “Drang nach

Osten”, as it had been called, and was thereby going to contribute to

the peace and stability of Europe. That was what the people were led to

think. We shall have occasion enough to see how little truth these

pacific professions in fact contained.

The history of the fateful years from 1934 to 1939 shows quite clearly

that the Germans used this treaty, as they used other treaties, merely

as an instrument of policy for furthering their aggressive aims. It is

clear from the documents which will be presented to the Tribunal that

these 5 years fall into two distinct phases in the realization of the

aggressive aims which always underlay the Nazi policy. There was first

the period from the Nazi assumption of power in 1933 until the autumn of

1937. That was the preparatory period. During that time there occurred

the breaches of the Versailles and Locarno Treaties, the feverish

rearmament of Germany, the reintroduction of conscription, the

reoccupation and remilitarization of the Rhineland, and all those other

necessary preparatory measures for future aggression which my American

colleagues have already so admirably put before the Tribunal.

During that period—the preparatory period—Germany was lulling Poland

into a false sense of security. Not only Hitler, but the Defendant

Göring and the Defendant Ribbentrop made statements approbating the

non-aggression pact. In 1935 Göring was saying that, “The pact was not

planned for a period of 10 years but forever; there need not be the

slightest fear that it would not be continued.” Even though Germany was

steadily building up the greatest war machine that Europe had ever

known, and although, by January 1937, the German military position was

so strong and so secure that, in spite of the treaty breaches which it

involved, Hitler could openly refer to his strong Army, he took pains,

at the same time, to say—and again I quote—that:

“By a series of agreements we have eliminated existing tensions

and thereby contributed considerably to an improvement in the

European atmosphere. I merely recall the agreement with Poland

which has worked out to the advantage of both sides.”

And so it went on: abroad, protestations of pacific intentions; at home,

“guns before butter.”

In 1937 this preparatory period drew to a close and Nazi policy moved

from general preparation for future aggression to specific planning for

the attainment of certain specific aggressive aims. And there are two

documents in particular which mark that change.

The first of these was called “Directive for Unified Preparation for

War”; issued in June 1937—June 29, 1937—by the Reich Minister for War,

who was then Von Blomberg, Commander-in-Chief of the Armed Forces. That

document is important, not only for its military directions, but for the

appreciation it contained of the European situation and for the

revelation of the Nazi attitude towards it.

“The general political position”—Von Blomberg stated, and I am

quoting from the document—“justifies the supposition that

Germany need not consider an attack from any side. Grounds for

this are, in addition to the lack of desire for war in almost

all nations, particularly the Western Powers, the deficiencies

in the preparedness for war of a number of states, and of Russia

in particular.”

It is true, he added, “The intention of unleashing a European war is

held just as little by Germany.” And it may be that that phrase was

carefully chosen because, as the documents will show, Germany hoped to

conquer Europe, perhaps to conquer the world in detail; to fight on one

front at a time, against one power at a time, and not to unleash a

general European conflict.

But Von Blomberg went on:

“The politically fluid world situation, which does not preclude

surprising incidents, demands a continuous preparedness for war

of the German Armed Forces (a) to counter attack at any

time”—yet he had just said that there was no fear of any

attack—and “(b)”—and I invite the Tribunal again to notice

this phrase—“to enable the military exploitation of politically

favorable opportunities, should they occur.”

That phrase is no more than a euphemistic description of aggressive war.

It reveals the continued adherence of the German military leaders to the

doctrine that military might, and if necessary war, should be an

instrument of policy—the doctrine which had been explicitly condemned

by the Kellogg Pact, which was renounced by the pact with Poland, and by

innumerable other treaties.

The document goes on to set out the general preparations necessary for a

possible war in the mobilization period of 1937-1938. It is evidence at

least for this, that the leaders of the German Armed Forces had it in

mind to use the military strength which they were building up for

aggressive purposes. No reason, they say, to anticipate attack from any

side—there is a lack of desire for war. Yet they prepare to exploit

militarily favorable opportunities.

Still more important as evidence of the transition to planned aggression

is the record of the important conference which Hitler held at the Reich

Chancellery on the 5th of November 1937, at which Von Blomberg, Reich

Minister for War; Von Fritsch, the Commander-in-Chief of the Army;

Göring, Commander-in-Chief of the Luftwaffe; Raeder, the

Commander-in-Chief of the Navy; and Von Neurath, then the Foreign

Minister, were present. The minutes of that conference have already been

put in evidence. I refer to them now only to emphasize those passages

which make apparent the ultimate intention to wage an aggressive war.

You will remember that the burden of Hitler’s argument at that

conference was that Germany required more territory in Europe. Austria

and Czechoslovakia were specifically envisaged. But Hitler realized that

the process of conquering those two countries might well bring into

operation the treaty obligations of Great Britain and of France. He was

prepared to take the risk. You remember the passage:

“The history of all times: Roman Empire, British Empire has

proved that every space expansion can be effected only by

breaking resistance and taking risks. Even setbacks are

unavoidable: Neither formerly nor today has space been found

without an owner. The attacker always comes up against the

proprietor. The question for Germany is where the greatest

possible conquest can be made at the lowest possible cost.”

In the course of that conference Hitler had foreseen and discussed the

likelihood that Poland would be involved if the aggressive expansionist

aims which he put forward brought about a general European war in the

course of their realization by the Nazi State. And when, therefore, on

that very day on which that conference was taking place, Hitler assured

the Polish Ambassador of the great value of the 1934 Pact with Poland,

it can only be concluded that its real value in Hitler’s eyes was that

of keeping Poland quiet until Germany had acquired such a territorial

and strategic position that Poland was no longer a danger.

That view is confirmed by the events which followed. At the beginning of

February of 1938 the change from Nazi preparation for aggression to

active aggression itself took place. It was marked by the substitution

of Ribbentrop for Neurath as Foreign Minister, and of Keitel for

Blomberg as head of the OKW. Its first fruits were the bullying of

Schuschnigg at Berchtesgaden on February 12, 1938 and the forcible

absorption of Austria in March. Thereafter the Green Plan for the

destruction of Czechoslovakia was steadily developed in the way which

you heard yesterday—the plan partially foiled, or final consummation at

least delayed, by the Munich Agreement.

With those aspects, those developments of Nazi aggression, my American

colleagues have already dealt. But it is obvious that the acquisition of

these two countries, their resources in manpower, their resources in the

production of munitions of war, immensely strengthened the position of

Germany as against Poland. And it is, therefore, perhaps not surprising

that, just as the Defendant Göring assured the Czechoslovak Minister in

Berlin, at the time of the Nazi invasion of Austria, that Hitler

recognized the validity of the German-Czechoslovak Arbitration Treaty of

1925, and that Germany had no designs against Czechoslovakia

herself—you remember, “I give you my word of honor,” the Defendant

Göring said—just as that is not surprising, so also it is not perhaps

surprising that continued assurances should have been given during 1938

to Poland in order to keep that country from interfering with the Nazi

aggression on Poland’s neighbors.

Thus, on the 20th of February of 1938, on the eve of his invasion of

Austria, Hitler, referring to the fourth anniversary of the Polish Pact,

permitted himself to say this to the Reichstag—and I quote:

“. . . and so a way to a friendly understanding has been

successfully paved, an understanding which, beginning with

Danzig, has today in spite of the attempt of some mischief

makers, succeeded in finally taking the poison out of the

relations between Germany and Poland and transforming them into

a sincere friendly co-operation . . . Relying on her

friendships, Germany will not leave a stone unturned to save

that ideal which provides the foundation for the task ahead of

us—peace.”

Still more striking, perhaps, are the cordial references to Poland in

Hitler’s speech in the Sportpalast at Berlin on the 26th of September

1938. He then said:

“The most difficult problem with which I was confronted was that

of our relations with Poland. There was a danger that Poles and

Germans would regard each other as hereditary enemies. I wanted

to prevent this. I know well enough that I should not have been

successful if Poland had had a democratic constitution. For

these democracies which indulge in phrases about peace are the

most bloodthirsty war agitators. In Poland there ruled no

democracy, but a man. And with him I succeeded, in precisely 12

months, in coming to an agreement which, for 10 years in the

first instance, removed in principle the danger of a conflict.

We are all convinced that this agreement will bring lasting

pacification. We realize that here are two peoples which must

live together and neither of which can do away with the other. A

people of 33 millions will always strive for an outlet to the

sea. A way for understanding, then, had to be found, and it will

be further extended. But the main fact is that the two

governments, and all reasonable and clear-sighted persons among

the two peoples within the two countries, possess the firm will

and determination to improve their relations. It was a real work

of peace, of more worth than all the chattering in the League of

Nations palace at Geneva.”

And so flattery of Poland preceded the annexation of Austria and renewed

flattery of Poland preceded the projected annexation of Czechoslovakia.

The realities behind these outward expressions of good will are clearly

revealed in the documents relating to the Fall Grün, which are already

before the Tribunal. They show Hitler as fully aware that there was a

risk of Poland, England, and France being involved in war to prevent the

German annexation of Czechoslovakia and that this risk, although it was

realized, was also accepted. On 25 August of 1938 top-secret orders to

the German Air Force in regard to the operations to be conducted against

England and France, if they intervened, pointed out that, as the

French-Czechoslovak Treaty provided for assistance only in the event of

an “unprovoked” attack, it would take a day or two for France and

England, and I suppose for their legal advisors to decide whether

legally the attack had been unprovoked or not, and consequently a

Blitzkrieg, accomplishing its aims before there could be any effective

intervention by France or England, was the object to be aimed at.

On the same day an Air Force memorandum on future organization was

issued, and to it there was attached a map on which the Baltic States,

Hungary, Czechoslovakia, and Poland were all shown as part of Germany,

and preparations for expanding the Air Force, and I quote, “as the Reich

grows in area,” as well as dispositions for a two-front war against

France and Russia, were discussed. And on the following day Von

Ribbentrop was being minuted about the reaction of Poland towards the

Czechoslovak problem. I quote: “The fact that after the liquidation of

the Czechoslovakian question it will be generally assumed that Poland

will be next in turn is not to be denied,” is recognized, but it is

stated, “The later this assumption sinks in, the better.”

I will pause for a moment at the date of the Munich Agreement and ask

the Tribunal to remind itself of what the evidence of documents and

historical facts shows up to that day. It has made undeniable both the

fact of Nazi aggressiveness and of active and actual aggression. Not

only does that conference of 1937 show Hitler and his associates

deliberately considering the acquisition of Austria and Czechoslovakia,

if necessary by war, but the first of the operations had been carried

through in March of 1938; and a large part of the second, under threat

of war—a threat which as we now see was much more than a bluff—a

threat of actual and real war, although without the actual need for its

initiation, secured, as I said, a large part of the second objective in

September of 1938. And, more ominous still, Hitler had revealed his

adherence to the old doctrines of _Mein Kampf_—those essentially

aggressive doctrines to the exposition of which in _Mein Kampf_, long

regarded as the Bible of the Nazi Party, we shall draw attention in

certain particular passages. Hitler is indicating quite clearly not only

to his associates, but indeed to the world at this time, that he is in

pursuit of Lebensraum and that he means to secure it by threat of force,

or if threat of force fails, by actual force—by aggressive war.

So far actual warfare had been avoided because of the love of peace, the

lack of preparedness, the patience, the cowardice—call it what you

will—of the democratic powers; but after Munich the question which

filled the minds of all thinking people with acute anxiety was “where

will this thing end? Is Hitler now satisfied as he declared himself to

be? Or is his pursuit of Lebensraum going to lead to future aggressions,

even if he has to embark on open, aggressive war to secure it?”

It was in relation to the remainder of Czechoslovakia and to Poland that

the answer to these questions was to be given. So far, up to the time of

the Munich Agreement, no direct and immediate threat to Poland had been

made. The two documents from which I have just quoted, show of course,

that high officers of the Defendant Göring’s air staff already regarded

the expansion of the Reich and, it would seem, the destruction and

absorption of Poland, as a foregone conclusion. They were already

anticipating, indeed, the last stage of Hitler’s policy as expounded in

_Mein Kampf_—war to destroy France and to secure Lebensraum in Russia.

And the writer of the minute to Ribbentrop already took it for granted

that, after Czechoslovakia, Poland would be attacked. But more

impressive than those two documents is the fact that, as I have said, at

the conference of 5 November 1937, war with Poland, if she should dare

to prevent German aggression against Czechoslovakia, had been quite

coolly and calmly contemplated, and the Nazi leaders were ready to take

the risk. So also had the risk of war with England and France under the

same circumstances been considered and accepted. As I indicated, such a

war would, of course, have been aggressive war on Germany’s part, and

they were contemplating aggressive warfare. For to force one state to

take up arms to defend another state against aggression, in other words,

to fulfill its treaty obligations is undoubtedly to initiate aggressive

warfare against the first state. But in spite of those plans, in spite

of these intentions behind the scenes, it remains true that until Munich

the decision for direct attack upon Poland and her destruction by

aggressive war had apparently not as yet been taken by Hitler and his

associates. It is to the transition from the intention and preparation

of initiating aggressive war, evident in regard to Czechoslovakia, to

the actual initiation and waging of aggressive war against Poland that I

now pass. That transition occupies the 11 months from the 1st of October

1938 to the actual attack on Poland on the 1st of September 1939.

Within 6 months of the signature of the Munich Agreement the Nazi

leaders had occupied the remainder of Czechoslovakia, which by that

Agreement they had indicated their willingness to guarantee. On the 14th

of March 1939 the aged and infirm president of the “rump” of

Czechoslovakia, Hacha and his Foreign Minister were summoned to Berlin.

At a meeting held between 1 o’clock and 2:15 in the small hours of the

15th of March in the presence of Hitler, of the Defendants Ribbentrop,

Göring, and Keitel, they were bullied and threatened and even bluntly

told that Hitler “had issued the orders for the German troops to move

into Czechoslovakia and for the incorporation of Czechoslovakia into the

German Reich.”

It was made quite clear to them that resistance would be useless and

would be crushed “by force of arms with all available means,” and it was

thus that the Protectorate of Bohemia and Moravia was set up and that

Slovakia was turned into a German satellite, though nominally

independent state. By their own unilateral action, on pretexts which had

no shadow of validity, without discussion with the governments of any

other country, without mediation, and in direct contradiction of the

sense and spirit of the Munich Agreement, the Germans acquired for

themselves that for which they had been planning in September of the

previous year, and indeed much earlier, but which at that time they had

felt themselves unable completely to secure without too patent an

exhibition of their aggressive intentions. Aggression achieved whetted

the appetite for aggression to come. There were protests. England and

France sent diplomatic notes. Of course, there were protests. The Nazis

had clearly shown their hand. Hitherto they had concealed from the

outside world that their claims went beyond incorporating into the Reich

persons of German race living in bordering territory. Now for the first

time, in defiance of their solemn assurances to the contrary, non-German

territory and non-German people had been seized. This acquisition of the

whole of Czechoslovakia, together with the equally illegal occupation of

Memel on the 22d of March 1939, resulted in an immense strengthening of

the German positions, both politically and strategically, as Hitler had

anticipated it would, when he discussed the matter at that conference in

November of 1937.

But long before the consummation by the Nazi leaders of their aggression

against Czechoslovakia, they had begun to make demands upon Poland. The

Munich settlement achieved on the 25th of October 1938, that is to say

within less than a month of Hitler’s reassuring speech about Poland to

which I have already referred, and within, of course, a month of the

Munich Agreement, M. Lipski, the Polish Ambassador in Berlin, reported

to M. Beck, the Polish Foreign Minister, that at a luncheon at

Berchtesgaden the day before, namely, on the 24th of October 1938, the

Defendant Ribbentrop had put forward demands for the reunion of Danzig

with the Reich and for the building of an extra-territorial motor road

and railway line across Pomorze, the province which the Germans called

“The Corridor”. From that moment onwards until the Polish Government had

made it plain, as they did during a visit of the Defendant Ribbentrop to

Warsaw in January 1939, that they would not consent to hand over Danzig

to German sovereignty, negotiations on these German demands continued.

And even after Ribbentrop’s return from the visit to Warsaw, Hitler

thought it worthwhile, in his Reichstag speech on the 30th of January

1939, to say:

“We have just celebrated the fifth anniversary of the conclusion

of our non-aggression pact with Poland. There can scarcely be

any difference of opinion today among the true friends of peace

as to the value of this agreement. One only needs to ask oneself

what might have happened to Europe if this agreement, which

brought such relief, had not been entered into 5 years ago. In

signing it, the great Polish marshal and patriot rendered his

people just as great a service as the leaders of the National

Socialist State rendered the German people. During the troubled

months of the past year, the friendship between Germany and

Poland has been one of the reassuring factors in the political

life of Europe.”

But that utterance was the last friendly word from Germany to Poland,

and the last occasion on which the Nazi Leaders mentioned the

German-Polish Agreement with approbation. During February 1939 silence

fell upon German demands in relation to Poland. But as soon as the final

absorption of Czechoslovakia had taken place and Germany had also

occupied Memel, Nazi pressure upon Poland was at once renewed. In two

conversations which he and the Defendant Ribbentrop held on the 21st of

March and the 26th of March, respectively, with the Polish Ambassador,

German demands upon Poland were renewed and were further pressed. And in

view of the fate which had overtaken Czechoslovakia, in view of the

grave deterioration in her strategical position towards Germany, it is

not surprising that the Polish Government took alarm at the

developments. Nor were they alone. The events of March 1939 had at last

convinced both the English and the French Governments that the Nazi

designs of aggression were not limited to men of German race, and that

the specter of European war resulting from further aggressions by Nazi

Germany had not, after all, been exorcised by the Munich Agreement.

As a result, therefore, of the concern of Poland and of England and of

France at the events in Czechoslovakia, and at the newly applied

pressure on Poland, conversations between the English and Polish

Governments had been taking place, and, on the 31st of March 1939, Mr.

Neville Chamberlain, speaking in the House of Commons, stated that His

Majesty’s Government had given an assurance to help Poland in the event

of any action which clearly threatened Polish independence and which the

Polish Government accordingly considered it vital to resist. On the 6th

of April 1939 an Anglo-Polish communiqué stated that the two countries

were prepared to enter into an agreement of a permanent and reciprocal

character to replace the present temporary and unilateral assurance

given by His Majesty’s Government.

The justification for that concern on the part of the democratic powers

is not difficult to find. With the evidence which we now have of what

was happening within the councils of the German Reich and its Armed

Forces during these months, it is manifest that the German Government

were intent on seizing Poland as a whole, that Danzig—as Hitler himself

was to say in time, a month later—“was not the subject of the dispute

at all.” The Nazi Government was intent upon aggression and the demands

and negotiations in respect to Danzig were merely a cover and excuse for

further domination.

Would that be a convenient point to stop?

THE PRESIDENT: We will adjourn now until 2 o’clock.

[_A recess was taken until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: Before the Attorney General continues his opening

statement, the Tribunal wishes me to state what they propose to do as to

time of sitting for the immediate future. We think it will be more

convenient that the Tribunal shall sit from 10:00 o’clock in the morning

until 1:00 o’clock, with a break for 10 minutes in the middle of the

morning; and that the Tribunal shall sit in the afternoon from 2:00

o’clock until 5:00 o’clock with a break for 10 minutes in the middle of

the afternoon; and that there shall be no open sitting of the Tribunal

on Saturday morning, as the Tribunal has a very large number of

applications by the defendants’ counsel for witnesses and documents and

other matters of that sort which it has to consider.

SIR HARTLEY SHAWCROSS: May it please the Tribunal, when we broke off I

had been saying that the Nazi Government was intent upon aggression, and

all that had been taking place in regard to Danzig—the negotiations,

the demands that were being made—were really no more than a cover, a

pretext and excuse for further domination.

As far back as September 1938 plans for aggressive war against Poland,

England, and France were well in hand. While Hitler, at Munich, was

telling the world that the German people wanted peace, and that having

solved the Czechoslovakian problem, Germany had no more territorial

problems in Europe, the staffs of his Armed Forces were already

preparing their plans. On the 26th of September 1938 he had stated:

“We have given guarantees to the states in the West. We have

assured all our immediate neighbors of the integrity of their

territory as far as Germany is concerned. That is no mere

phrase. It is our sacred will. We have no interest whatever in a

breach of the peace. We want nothing from these peoples.”

And the world was entitled to rely on those assurances. International

co-operation is utterly impossible unless one can assume good faith in

the leaders of the various states and honesty in the public utterances

that they make. But, in fact, within 2 months of that solemn and

apparently considered undertaking, Hitler and his confederates were

preparing for the seizure of Danzig. To recognize those assurances,

those pledges, those diplomatic moves as the empty frauds that they

were, one must go back to inquire what was happening within the inner

councils of the Reich from the time of the Munich Agreement.

Written some time in September 1938 is an extract from a file on the

reconstruction of the German Navy. Under the heading

“Opinion on the Draft Study of Naval Warfare against England,” this is

stated:

“1. If, according to the Führer’s decision, Germany is to

acquire a position as a world power, she needs not only

sufficient colonial possessions but also secure naval

communications and secure access to the ocean.

“2. Both requirements can be fulfilled only in opposition to

Anglo-French interests and would limit their position as world

powers. It is unlikely that they can be achieved by peaceful

means. The decision to make Germany a world power, therefore,

forces upon us the necessity of making the corresponding

preparations for war.

“3. War against England means at the same time war against the

Empire, against France, probably against Russia as well, and a

large number of countries overseas, in fact, against one-third

to one-half of the world.

“It can only be justified and have a chance of success”—and it

was not moral justification which was being looked for in this

document—“It can only be justified and have a chance of success

if it is prepared economically as well as politically and

militarily, and waged with the aim of conquering for Germany an

outlet to the ocean.”

THE PRESIDENT: I think the Tribunal would like to know at what stage you

propose to put the documents, which you are citing, in evidence.

SIR HARTLEY SHAWCROSS: Well, Sir, my colleagues, my American and my

British colleagues, were proposing to follow up my own address by

putting these documents in. The first series of documents, which will be

put in by my noted colleague, Sir David Maxwell-Fyfe, will be the

treaties.

THE PRESIDENT: I suppose that what you quote will have to be read again.

SIR HARTLEY SHAWCROSS: Well, I am limiting my quotations as far as I

possibly can. I apprehend that technically you may wish it to be quoted

again, so as to get it on the record when the document is actually put

into evidence. But I think it will appear, when the documents themselves

are produced, that there will be a good deal more in most of them than I

am actually citing now.

THE PRESIDENT: Yes. Very well.

SIR HARTLEY SHAWCROSS: This document on naval warfare against England is

something which is both significant and new. Until this date the

documents in our possession disclose preparations for war against

Poland, England, and France, purporting on the face of them at least to

be defensive measures to ward off attacks which might result from the

intervention of those states in the preparatory German aggressions in

Central Europe. Hitherto aggressive war against Poland, England, and

France has been contemplated only as a distant objective. Now, in this

document for the first time, we find a war of conquest by Germany

against France and England openly recognized as the future aim, at least

of the German Navy.

On 24 November 1938 an appendix was issued by Keitel to a previous order

of the Führer. In that appendix were set out the future tasks for the

Armed Forces and the preparation for the conduct of the war which would

result from those tasks.

“The Führer has ordered”—I quote—“that besides the three

eventualities mentioned in the previous directive . . .

preparations are also to be made for the surprise occupation by

German troops of the Free State of Danzig.

“For the preparation the following principles are to be borne in

mind.”—This is the common pattern of aggression—“The primary

assumption is the lightning seizure of Danzig by exploiting a

favorable political situation, and not war with Poland. Troops

which are going to be used for this purpose must not be held at

the same time for the seizure of Memel, so that both operations

can take place simultaneously, should such necessity arise.”

Thereafter, as the evidence which is already before the Tribunal has

shown, final preparations were taking place for the invasion of Poland.

On the 3rd of April 1939, 3 days before the issue of the Anglo-Polish

communiqué, the Defendant Keitel issued to the High Command of the Armed

Forces a directive in which it was stated that the directive for the

uniform preparation of war by the Armed Forces in 1939-40, was being

re-issued and that part relating to Danzig would be out in April. The

basic principles were to remain the same as in the previous directive.

Attached to this document were the orders Fall Weiss, the code name for

the proposed invasion of Poland. Preparation for that invasion was to be

made, it was stated, so that the operation could be carried out at any

time from the 1st of September 1939 onwards.

On the 11th of April Hitler issued his directive for the uniform

preparation of the war by the Armed Forces, 1939-40, and in it he said:

“I shall lay down in a later directive future tasks of the Armed

Forces and the preparations to be made in accordance with these

for the conduct of war. Until that directive comes into force

the Armed Forces must be prepared for the following

eventualities:

“1. Safeguarding of the frontiers . . .

“2. Fall Weiss,

“3. The annexation of Danzig.”

Then, in an annex to that document which bore the heading “Political

Hypotheses and Aims,” it was stated that quarrels with Poland should be

avoided. But should Poland change her policy and adopt a threatening

attitude towards Germany, a final settlement would be necessary,

notwithstanding the Polish Pact. The Free City of Danzig was to be

incorporated in the Reich at the outbreak of the conflict at the latest.

The policy aimed at limiting the war to Poland, and this was considered

possible at that time with the internal crises in France and resulting

British restraint.

The wording of that document—and the Tribunal will study the whole of

it—does not directly involve the intention of immediate aggression. It

is a plan of attack “if Poland changes her policy and adopts a

threatening attitude.” But the picture of Poland, with her wholly

inadequate armaments, threatening Germany, now armed to the teeth, is

ludicrous enough, and the real aim of the document emerges in the

sentence—and I quote: “The aim is then to destroy Polish military

strength and to create, in the East, a situation which satisfies the

requirements of defense”—a sufficiently vague phrase to cover designs

of any magnitude. But even at that stage, the evidence does not suffice

to prove that the actual decision to attack Poland on any given date had

yet been taken. All the preparations were being set in train. All the

necessary action was being proceeded with, in case that decision should

be reached.

It was within 3 weeks of the issue of that last document that Hitler

addressed the Reichstag on the 28th of April 1939. In that speech he

repeated the demands which had already been made upon Poland, and

proceeded to denounce the German-Polish Agreement of 1934. Leaving

aside, for the moment, the warlike preparations for aggression, which

Hitler had set in motion behind the scenes, I will ask the Tribunal to

consider the nature of this denunciation of an agreement to which, in

the past, Hitler had attached such importance.

In the first place, of course, Hitler’s denunciation was _per se_

ineffectual. The text of the agreement made no provision for its

denunciation by either party until a period of 10 years had come to an

end. No denunciation could be legally effective until June or July of

1943, and here was Hitler speaking in April of 1939, rather more than 5

years too soon.

In the second place, Hitler’s actual attack upon Poland, when it came on

1 September was made before the expiration of the 6 months’ period after

denunciation required by the agreement before any denunciation could be

operative. And in the third place, the grounds for the denunciation

stated by Hitler in his speech to the Reichstag were entirely specious.

However one reads its terms, it is impossible to take the view that the

Anglo-Polish guarantee of mutual assistance against aggression could

render the German-Polish Pact null and void, as Hitler sought to

suggest. If that had been the effect of the Anglo-Polish assurances,

then certainly the pacts which had already been entered into by Hitler

himself with Italy and with Japan had already invalidated the treaty

with Poland. Hitler might have spared his breath. The truth is, of

course, that the text of the English-Polish communiqué, the text of the

assurances, contains nothing whatever to support the contention that the

German-Polish Pact was in any way interfered with.

One asks: Why then did Hitler make this trebly invalid attempt to

denounce his own pet diplomatic child? Is there any other possible

answer but this:

That the agreement having served its purpose, the grounds which he chose

for its denunciation were chosen merely in an effort to provide Germany

with some kind of justification—at least for the German people—for the

aggression on which the German leaders were intent.

And, of course, Hitler sorely needed some kind of justification, some

apparently decent excuse, since nothing had happened, and nothing seemed

likely to happen, from the Polish side, to provide him with any kind of

pretext for invading Poland. So far he had made demands upon his treaty

partner which Poland, as a sovereign state, had every right to refuse.

If dissatisfied with that refusal, Hitler was bound, under the terms of

the agreement itself, “To seek a settlement”—I am reading the words of

the pact:

“To seek a settlement through other peaceful means, without

prejudice to the possibility of applying those methods of

procedure, in case of necessity, which are provided for such a

case in the other agreements between them that are in force.”

And that presumably was a reference to the German-Polish Arbitration

Treaty, signed at Locarno in 1925.

The very facts, therefore, that as soon as the Nazi leaders cannot get

what they want but are not entitled to from Poland by merely asking for

it and that, on their side, they made no further attempt to settle the

dispute “by peaceful means”—in accordance with the terms of the

agreement and of the Kellogg Pact, to which the agreement pledged both

parties—in themselves constitute a strong presumption of aggressive

intentions against Hitler and his associates. That presumption becomes a

certainty when the documents to which I am about to call the attention

of the Tribunal are studied.

On the 10th of May Hitler issued an order for the capture of economic

installations in Poland. On the 16th of May the Defendant Raeder, as

Commander-in-Chief of the Navy, issued a memorandum setting out the

Führer’s instructions to prepare for the operation Fall Weiss at any

time from the 1st of September.

But the decisive document is the record of the conference held by Hitler

on the 23rd of May 1939, in conference with many high-ranking officers,

including the Defendants Göring, Raeder, and Keitel. The details of the

whole document will have to be read to the Tribunal later and I am

merely summarizing the substantial effect of this part of it now. Hitler

stated that the solution of the economic problems with which Germany was

beset at first, could not be found without invasion of foreign states

and attacks on foreign property. “Danzig”—and I am quoting:

“Danzig is not the subject of the dispute at all. It is a

question of expanding our living space in the East. There is,

therefore, no question of sparing Poland, and we are left with

the decision to attack Poland at the earliest opportunity. We

cannot expect a repetition of the Czech affair. There will be

fighting. Our task is to isolate Poland. The success of this

isolation will be decisive. The isolation of Poland is a matter

of skillful politics.”

So he explained to his confederates. He anticipated the possibility that

war with England and France might result, but a two-front war was to be

avoided if possible. Yet England was recognized—and I say it with

pride—as the most dangerous enemy which Germany had. “England,” he

said, I quote, “England is the driving force against Germany . . . the

aim will always be to force England to her knees.” More than once he

repeated that the war with England and France would be a life and death

struggle. “But all the same,” he concluded, “Germany will not be forced

into war but she would not be able to avoid it.”

On the 14th of June 1939 General Blaskowitz, then Commander-in-Chief of

the 3rd Army group, issued a detailed battle plan for the Fall Weiss.

The following day Von Brauchitsch issued a memorandum in which it was

stated that the object of the impending operation was to destroy the

Polish Armed Forces. “High policy demands,” he said, “High policy

demands that the war should be begun by heavy surprise blows in order to

achieve quick results.” The preparations proceeded apace. On the 22d of

June the Defendant Keitel submitted a preliminary timetable for the

operation, which Hitler seems to have approved, and suggested that the

scheduled maneuver must be camouflaged, “in order not to disquiet the

population.” On the 3rd of July, Brauchitsch wrote to the Defendant

Raeder urging that certain preliminary naval moves should be abandoned,

in order not to prejudice the surprise of the attack. On the 12th and

13th of August Hitler and Ribbentrop had a conference with Ciano, the

Italian Foreign Minister.

It was a conference to which the Tribunal will have to have regard from

several points of view. I summarize now only one aspect of the matter:

At the beginning of the conversation Hitler emphasized the strength of

the German position, of Germany’s Western and Eastern Fortifications,

and of the strategic and other advantages they held in comparison with

those of England, France, and Poland. Now I quote from the captured

document itself. Hitler said this:

“Since the Poles through their whole attitude had made it clear

that, in any case, in the event of a conflict, they would stand

on the side of the enemies of Germany and Italy, a quick

liquidation at the present moment could only be of advantage for

the unavoidable conflict with the Western Democracies. If a

hostile Poland remained on Germany’s eastern frontier, not only

would the 11 East Prussian divisions be tied down, but also

further contingents would be kept in Pomerania and Silesia. This

would not be necessary in the event of a previous liquidation.”

Then this:

“Generally speaking, the best thing to happen would be to

liquidate the false neutrals one after the other. This process

could be carried out more easily if on every occasion one

partner of the Axis covered the other while it was dealing with

an uncertain neutral. Italy might well regard Yugoslavia as a

neutral of that kind.”

Ciano was for postponing the operation. Italy was not ready. She

believed that a conflict with Poland would develop into a general

European war. Mussolini was convinced that conflict with the Western

Democracies was inevitable, but he was making plans for a period 2 or 3

years ahead. But the Führer said that the Danzig question must be

disposed of, one way or the other, by the end of August. I quote: “He

had, therefore, decided to use the occasion of the next political

provocation which has the form of an ultimatum . . . .”

On the 22d of August Hitler called his Supreme Commanders together and

gave the order for the attack. In the course of what he said he made it

clear that the decision to attack had, in fact, been made not later than

the previous spring. He would give a spurious cause for starting the

war. And at that time the attack was timed to take place in the early

hours of the 26th of August. On the day before, on the 25th of August,

the British Government, in the hope that Hitler might still be reluctant

to plunge the world into war, and in the belief that a formal treaty

would impress him more than the informal assurances which had been given

previously, entered into an agreement, an express agreement for mutual

assistance with Poland, embodying the previous assurances that had been

given earlier in the year. It was known to Hitler that France was bound

by the Franco-Polish Treaty of 1921, and by the Guarantee Pact signed at

Locarno in 1925 to intervene in Poland’s favor in case of aggression.

And for a moment Hitler hesitated. The Defendants Göring and Ribbentrop,

in the interrogations which you will see, have agreed that it was the

Anglo-Polish Treaty which led him to call off, or rather postpone, the

attack which was timed for the 26th. Perhaps he hoped that after all

there was still some chance of repeating what he had called the Czech

affair. If so, his hopes were short-lived. On the 27th of August Hitler

accepted Mussolini’s decision not at once to come into the war; but he

asked for propaganda support and for a display of military activity on

the part of Italy, so as to create uncertainty in the minds of the

Allies. Ribbentrop on the same day said that the armies were marching.

In the meantime, and, of course, particularly during the last month,

desperate attempts were being made by the Western Powers to avert war.

You will have details of them in evidence, of the intervention of the

Pope, of President Roosevelt’s message, of the offer by the British

Prime Minister to do our utmost to create the conditions in which all

matters in issue could be the subject of free negotiations, and to

guarantee the resultant decisions. But this and all the other efforts of

honest men to avoid the horror of a European conflict were predestined

to failure. The Germans were determined that the day for war had come.

On the 31st of August Hitler issued a top-secret order for the attack to

commence in the early hours of the 1st of September.

The necessary frontier incidents duly occurred. Was it, perhaps, for

that, that the Defendant Keitel had been instructed by Hitler to supply

Heydrich with Polish uniforms? And so without a declaration of war,

without even giving the Polish Government an opportunity of seeing

Germany’s final demands—and you will hear the evidence of the

extraordinary diplomatic negotiations, if one can call them such, that

took place in Berlin—without giving the Poles any opportunity at all of

negotiating or arbitrating on the demands which Nazi Germany was making,

the Nazi troops invaded Poland.

On the 3rd of September Hitler sent a telegram to Mussolini thanking him

for his intervention but pointing out that the war was inevitable and

that the most promising moment had to be picked after cold deliberation.

And so Hitler and his confederates now before this Tribunal began the

first of their wars of aggression for which they had prepared so long

and so thoroughly. They waged it so fiercely that within a few weeks

Poland was overrun.

On the 23rd of November 1939 Hitler reviewed the situation to his

military commanders and in the course of what he said he made this

observation:

“One year later Austria came; this step was also considered

doubtful. It brought about an essential reinforcement of the

Reich. The next step was Bohemia, Moravia, and Poland. This step

also was not possible to accomplish in one move. First of all

the Western Fortifications had to be finished . . . . Then

followed the creation of the Protectorate, and with that the

basis for action against Poland was laid. But I was not quite

clear at the time whether I should start first against the East

and then in the West, or vice versa . . . . The compulsion to

fight with Poland came first. One might accuse me of wanting to

fight again and again. In struggle, I see the fate of all

beings.”

He was not sure where to attack first. But that sooner or later he would

attack, whether it were in the East or in the West, was never in doubt.

And he had been warned, not only by the British and French Prime

Ministers but even by his confederate Mussolini, that an attack on

Poland would bring England and France into the war. He chose what he

thought was the opportune moment, and he struck.

Under these circumstances the intent to wage war against England and

France, and to precipitate it by an attack on Poland, is not to be

denied. Here was defiance of the most solemn treaty obligations. Here

was neglect of the most pacific assurances. Here was aggression, naked

and unashamed, which was indeed to arouse the horrified and heroic

resistance of all civilized peoples, but which, before it was finished,

was to tear down much of the structure of our civilization.

Once started upon the active achievement of their plan to secure the

domination of Europe, if not of the world, the Nazi Government proceeded

to attack other countries, as occasion offered. The first actually to be

attacked, actually to be invaded, after the attack upon Poland, were

Denmark and Norway.

On the 9th of April 1940 the German Armed Forces invaded Norway and

Denmark without any warning, without any declaration of war. It was a

breach of the Hague Convention of 1907. It was a breach of the

Convention of Arbitration and Conciliation signed between Germany and

Denmark on 2 June 1926. It was, of course, a breach of the

Kellogg-Briand Pact of 1928. It was a violation of the Non-Aggression

Treaty between Germany and Denmark made on the 31st of May 1939. And it

was a breach of the most explicit assurances which had been given. After

his annexation of Czechoslovakia had shaken the confidence of the world,

Hitler attempted to reassure the Scandinavian states. On the 28th of

April 1939 he affirmed that he had never made any request to any of them

which was incompatible with their sovereignty and independence. On the

31st of May 1939 he signed a non-aggression pact with Denmark.

On the 2d of September 1939, the day after he had invaded Poland and

occupied Danzig, he again expressed his determination, so he said, to

observe the inviolability and integrity of Norway in an _aide-mémoire_,

which was handed to the Norwegian Foreign Minister by the German

Minister in Oslo on that day.

A month later, in a public speech on the 6th of October 1939, he said:

“Germany has never had any conflicts of interest or even points

of controversy with the northern states, neither has she any

today. Sweden and Norway have both been offered non-aggression

pacts by Germany, and have both refused them, solely because

they do not feel themselves threatened in any way.”

When the invasion of Denmark and Norway was already begun in the early

morning of 9 April 1940, a German memorandum was handed to the

governments of those countries attempting to justify the German action.

Various allegations against the governments of the invaded countries

were made. It was said that Norway had been guilty of breaches of

neutrality. It was said that she had allowed and tolerated the use of

her territorial waters by Great Britain. It was said that Britain and

France were themselves making plans to invade and occupy Norway and that

the Government of Norway was prepared to acquiesce in such an event.

I do not propose to argue the question whether or not these allegations

were true or false. That question is irrelevant to the issues before

this Court. Even if the allegations were true—and they were patently

false—they would afford no conceivable justification for the action of

invading without warning, without declaration of war, without any

attempt at mediation or conciliation.

Aggressive war is none the less aggressive war because the state which

wages it believes that other states might, in the future, take similar

action. The rape of a nation is not justified because it is thought she

may be raped by another. Nor even in self-defense are warlike measures

justified except after all means of mediation have been tried and failed

and force is actually being exercised against the state concerned.

But the matter is irrelevant because, in actual fact, with the evidence

which we now possess, it is abundantly clear that the invasion of these

two countries was undertaken for quite different purposes. It had been

planned long before any question of breach of neutrality or occupation

of Norway by England could ever have occurred. And it is equally clear

that the assurances repeated again and again throughout 1939 were made

for no other purpose than to lull suspicion in these countries, and to

prevent them taking steps to resist the attack against them which was

all along in active preparation.

For some years the Defendant Rosenberg, in his capacity as Chief of the

Foreign Affairs Bureau—APA—of the NSDAP, had interested himself in the

promotion of Fifth Column activities in Norway and he had established

close relationship with the Nasjonal Samling, a political group headed

by the now notorious traitor, Vidkun Quisling. During the winter of

1938-39, APA was in contact with Quisling, and later Quisling conferred

with Hitler and with the Defendants Raeder and Rosenberg. In August 1939

a special 14-day course was held at the school of the Office of Foreign

Relations in Berlin for 25 followers whom Quisling had selected to

attend. The plan was to send a number of selected and “reliable” men to

Germany for a brief military training in an isolated camp. These

“reliable men” were to be the area and language specialists to German

special troops who were taken to Oslo on coal barges to undertake

political action in Norway. The object was a _coup_ in which Quisling

would seize his leading opponents in Norway, including the King, and

prevent all military resistance from the beginning. Simultaneously with

those Fifth Column activities Germany was making her military

preparations. On the 2d of September 1939, as I said, Hitler had assured

Norway of his intention to respect her neutrality. On 6 October he said

that the Scandinavian states were not menaced in any way. Yet on the 3rd

October the Defendant Raeder was pointing out that the occupation of

bases, if necessary by force, would greatly improve the German strategic

position. On the 9th of October Dönitz was recommending Trondheim as the

main base, with Narvik as an alternative base for fuel supplies. The

Defendant Rosenberg was reporting shortly afterwards on the possibility

of a _coup d’état_ by Quisling, immediately supported by German military

and naval forces. On the 12th of December 1939 the Defendant Raeder

advised Hitler, in the presence of the Defendants Keitel and Jodl, that

if Hitler was favorably impressed by Quisling, the OKW should prepare

for the occupation of Norway, if possible with Quisling’s assistance,

but if necessary, entirely by force. Hitler agreed, but there was a

doubt whether action should be taken against the Low Countries or

against Scandinavia first. Weather conditions delayed the march on the

Low Countries. In January 1940 instructions were given to the German

Navy for the attack on Norway. On the 1st of March a directive for the

occupation was issued by Hitler. The general object was not said to be

to prevent occupation by English forces but, in vague and general terms,

to prevent British encroachment in Scandinavia and the Baltic and “to

guarantee our ore bases in Sweden and to give our Navy and Air Force a

wider start line against Britain.” But the directive went on (and here

is the common pattern):

“. . . on principle we will do our utmost to make the operation

appear as a peaceful occupation, the object of which is the

military protection of the Scandinavian states . . . . It is

important that the Scandinavian states as well as the western

opponents should be taken by surprise by our measures . . . . In

case the preparations for embarkation can no longer be kept

secret, the leaders and the troops will be deceived with

fictitious objectives.”

The form and success of the invasion are well known. In the early hours

of the 9th of April, seven cruisers, 14 destroyers, and a number of

torpedo boats and other small craft carried advance elements of six

divisions, totalling about 10,000 men, forced an entry and landed troops

in the outer Oslo Fjord, Kristiansand, Stavanger, Bergen, Trondheim, and

Narvik. A small force of troops was also landed at Arendal and Egersund

on the southern coast. In addition, airborne troops were landed near

Oslo and Stavanger in airplanes. The German attack came as a complete

surprise. All the invaded towns along the coast were captured according

to plan and with only slight losses. Only the plan to capture the King

and Parliament failed. But brave as was the resistance, which was

hurriedly organized throughout the country—nothing could be done in the

face of the long-planned surprise attack—and on the 10th of June

military resistance ceased. So another act of aggression was brought to

completion.

Almost exactly a month after the attack, on Norway, on the 10th of May

1940, the German Armed Forces, repeating what had been done 25 years

before, streamed into Belgium, the Netherlands, and Luxembourg according

to plan—a plan that is, of invading without warning and without any

declaration of war.

What was done was, of course, a breach of the Hague Convention, and is

so charged. It was a violation of the Locarno Agreement of 1925, which

the Nazi Government affirmed in 1935, only illegally to repudiate it a

couple of years later. By that agreement all questions incapable of

settlement by ordinary diplomatic means were to be referred to

arbitration. You will see the comprehensive terms of all those treaties.

It was a breach of the Treaty of Arbitration and Conciliation signed

between Germany and the Netherlands on the 20th of May 1926. It was a

breach of a similar treaty with Luxembourg of 11 September 1929. It was

a breach of the Kellogg-Briand Pact. But those treaties, perhaps, had

not derived in the minds of the Nazi rulers of Germany any added

sanctity from the fact that they had been solemnly concluded by the

governments of pre-Nazi Germany. Let us then consider the specific

assurances and undertakings which the Nazi rulers themselves gave to

these states which lay in the way of their plans against France and

England and which they had always intended to attack. Not once, not

twice, but 11 times the clearest possible assurances were given to

Belgium, the Netherlands, and Luxembourg. On those assurances, solemnly

given and formally expressed, these countries were entitled to rely and

did rely. In respect of the breach of those assurances these defendants

are charged. On the 30th of January 1937, for instance, Hitler had said:

“As for the rest, I have more than once expressed the desire and

the hope of entering into similar good and cordial relations

with our neighbors. Germany has, and here I repeat this

solemnly, given the assurance time and time again that, for

instance, between her and France there cannot be any humanly

conceivable points of controversy. The German Government has

further given the assurance to Belgium and Holland that it is

prepared to recognize and to guarantee the inviolability and

neutrality of these territories.”

After Hitler had remilitarized the Rhineland and had repudiated the

Locarno Pact, England and France sought to re-establish the position of

security for Belgium which Hitler’s action had threatened. And they,

therefore, gave to Belgium on the 24th of April 1937 a specific

guarantee that they would maintain, in respect of Belgium, the

undertakings of assistance which they had entered into with her both

under the Locarno Pact and under the Covenant of the League. On the 13th

of October 1937 the German Government also made a declaration assuring

Belgium of its intention to recognize the integrity of that country.

It is, perhaps, convenient to deal with the remaining assurances as we

review the evidence which is available as to the preparations and

intentions of the German Government prior to their actual invasion of

Belgium on the 10th of May 1940.

As in the case of Poland, as in the case of Norway and Denmark, so also

here the dates speak for themselves.

As early as August of 1938 steps were being taken to utilize the Low

Countries as bases for decisive action in the West in the event of

France and England opposing Germany in the aggressive plan which was on

foot at that time against Czechoslovakia.

In an Air Force letter dated the 25th of August 1938 which deals with

the action to be taken if England and France should interfere in the

operation against Czechoslovakia, it is stated:

“It is not expected for the moment that other states will

intervene against Germany. The Dutch and the Belgian area

assumes in this connection much more importance for the conduct

of war in Western Europe than during the World War, mainly as

advance base for the air war.”

In the last paragraph of that order it is stated:

“Belgium and the Netherlands, when in German hands, represent an

extraordinary advantage in the prosecution of the air war

against Great Britain as well as against France . . .”

That was in August 1938. Eight months later, on the 28th of April 1939,

Hitler is declaring again:

“I was pleased that a number of European states availed

themselves of this declaration by the German Government to

express and emphasize their desire to have absolute neutrality.”

A month later, on the 23rd of May 1939, Hitler held that conference in

the Reich Chancellery, to which I already referred. The minutes of that

meeting report Hitler as saying:

“The Dutch and Belgian air bases must be occupied by armed

forces. Declarations of neutrality cannot be considered of any

value. If England and France want a general conflict on the

occasion of the war between Germany and Poland they will support

Holland and Belgium in their neutrality . . . . Therefore, if

England intends to intervene at the occasion of the Polish war,

we must attack Holland with lightning speed. It is desirable to

secure a defense line on Dutch soil up to the Zuider Zee.”

Even after that he was to give his solemn declarations that he would

observe the neutrality of these countries. On the 26th of August 1939,

when the crisis in regard to Danzig and Poland was reaching its climax,

on the very day he had picked for the invasion of Poland, declarations

assuring the governments concerned of the intention to respect their

neutrality were handed by the German Ambassadors to the King of the

Belgians, the Queen of the Netherlands, and to the Government of the

Grand Duchy of Luxembourg in the most solemn form. But to the Army

Hitler was saying:

“If Holland and Belgium are successfully occupied and held, a

successful war against England will be secured.”

On the 1st of September Poland was invaded, and 2 days later England and

France came into the war against Germany, in pursuance of the treaty

obligations already referred to. On the 6th of October Hitler renewed

his assurances of friendship to Belgium and Holland, but on the 9th of

October, before any kind of accusation had been made by the German

Government of breaches of neutrality, Hitler issued a directive for the

conduct of the war. And he said this:

“1) If it becomes evident in the near future that England and

France, acting under her leadership, are not disposed to end the

war, I am determined to take firm and offensive action without

letting much time elapse.

“2) A long waiting period results not only in the ending of

Belgian and perhaps also of Dutch neutrality to the advantage of

the Western Powers, but also strengthens the military power of

our enemies to an increasing degree, causes confidence of the

neutrals in final German victory to wane, and does not help to

bring Italy to our aid as brothers-in-arms.

“3) I therefore issue the following orders for the further

conduct of military operations:

“(a) Preparations should be made for offensive action on the

northern flank of the Western Front crossing the area of

Luxembourg, Belgium, and Holland. This attack must be carried

out as soon and as forcefully as possible.

“(b) The object of this attack is to defeat as many strong

sections of the French fighting army as possible, and her ally

and partner in the fighting, and at the same time to acquire as

great an area of Holland, Belgium, and northern France as

possible, to use as a base offering good prospects for waging

aerial and sea warfare against England and to provide ample

coverage for the vital district of the Ruhr.”

Nothing could state more clearly or more definitely the object behind

the invasion of these three countries than that document expresses it.

On the 15th of October 1939 the Defendant Keitel wrote a most-secret

letter concerning “Fall Gelb” which was the name given to the operation

against the Low Countries. In it he said that:

“The protection of the Ruhr area by moving aircraft reporting

service and the air defense as far forward as possible in the

area of Holland is significant for the whole conduct of the war.

The more Dutch territory we occupy, the more effective can the

defense of the Ruhr area be made. This point of view must

determine the choice of objectives of the Army, even if the Army

and Navy are not directly interested in such territorial gain.

It must be the object of the Army’s preparations, therefore, to

occupy, on receipt of a special order, the territory of Holland,

in the first instance in the area of the Grebbe-Maas line. It

will depend on the military and political attitude of the Dutch,

as well as on the effectiveness of their flooding, whether

objectives can and must be further extended.”

The Fall Gelb operation had apparently been planned to take place at the

beginning of November 1939. We have in our possession a series of 17

letters, dated from 7th November until the 9th May postponing almost

from day to day the D-Day of the operation, so that by the beginning of

November all the major plans and preparations had in fact been made.

On the 10th of January 1940 a German airplane force-landed in Belgium.

In it was found the remains of an operation order which the pilot had

attempted to burn; setting out considerable details of the Belgian

landing grounds that were to be captured by the Air Force. Many other

documents have been found which illustrate the planning and preparation

for this invasion in the latter half of 1939 and early 1940, but they

carry the matter no further, and they show no more clearly than the

evidence to which I have already referred, the plans and intention of

the German Government and its Armed Forces.

On the 10th of May 1940 at about 0500 hours in the morning, the German

invasion of Belgium, Holland, and Luxembourg began.

And so once more the forces of aggression moved on. Treaties,

assurances, the rights of sovereign states meant nothing. Brutal force,

covered by as great an element of surprise as the Nazis could secure,

was to seize that which was deemed necessary for striking the mortal

blow against England, the main enemy. The only fault of these three

unhappy countries was that they stood in the path of the German invader,

in his designs against England and France. That was enough, and they

were invaded.

[_A recess was taken._]

SIR HARTLEY SHAWCROSS: On the 6th of April 1941 German Armed Forces

invaded Greece and Yugoslavia. Again the blow was struck without warning

and with the cowardice and deceit which the world now fully expected

from the self-styled “Herrenvolk”. It was a breach of the Hague

Convention. It was a breach of the Pact of Paris. It was a breach of a

specific assurance given by Hitler on the 6th of October 1939.

He had then said this:

“Immediately after the completion of the Anschluss, I informed

Yugoslavia that from now on the frontier with this country will

also be an unalterable one and that we desire only to live in

peace and friendship with her.”

But the plan for aggression against Yugoslavia had, of course, been in

hand well before that. In the aggressive action eastward towards the

Ukraine and the Soviet territories, security of the southern flank and

the lines of communication had already been considered by the Germans.

The history of the events leading up to the invasion of Yugoslavia by

Germany is well known. At 3 o’clock in the morning of the 28th of

October 1940 a 3-hour ultimatum had been presented by the Italian

Government to the Greek Government, and the presentation of that

ultimatum was immediately followed by the aerial bombardment of Greek

provincial towns and the advance of Italian troops into Greek territory.

The Greeks were not prepared. They were at first forced to withdraw. But

later the Italian advance was at first checked, then driven towards the

Albanian frontier, and by the end of 1940 the Italian Army had suffered

severe reverses at Greek hands.

Of the German position in the matter there is, of course, the evidence

of what occurred when, on the 12th of August 1939, Hitler had this

meeting with Ciano.

You will remember that Hitler said then:

“Generally speaking, the best thing to happen would be to

liquidate false neutrals one after the other. This process could

be carried out more easily if, on every occasion, one partner of

the Axis covered the other while it was dealing with an

uncertain neutral. Italy might well regard Yugoslavia as a

neutral of this kind.”

Then the conference went on and it met again on the 13th of August, and

in the course of lengthy discussions, Hitler said this:

“In general, however, on success by one of the Axis partners,

not only strategical but also psychological strengthening of the

other partner and also of the whole Axis would ensue. Italy

carried through a number of successful operations in Abyssinia,

Spain, and Albania, and each time against the wishes of the

democratic entente. These individual actions have not only

strengthened Italian local interests, but have also . . .

reinforced her general position. The same was the case with

German action in Austria and Czechoslovakia . . . . The

strengthening of the Axis by these individual operations was of

the greatest importance for the unavoidable clash with the

Western Powers.”

And so once again we see the same procedure being followed. That meeting

had taken place on the 12th and the 13th of August of 1939. Less than 2

months later, Hitler was giving his assurance to Yugoslavia that Germany

only desired to live in peace and friendship with her, with the state,

the liquidation of which by his Axis partner, he had himself so recently

suggested.

Then came the Italian ultimatum to Greece and war against Greece and the

Italian reverse.

We have found, amongst the captured documents, an undated letter from

Hitler to Mussolini which must have been written about the time of the

Italian aggression against Greece:

“Permit me”—Hitler said—“at the beginning of this letter to

assure you that within the last 14 days my heart and my thoughts

have been more than ever with you. Moreover, Duce, be assured of

my determination to do everything on your behalf which might

ease the present situation for you. When I asked you to receive

me in Florence, I undertook the trip in the hope of being able

to express my views prior to the beginning of the threatening

conflict with Greece, about which I had received only general

information. First, I wanted to request you to postpone the

action, if at all possible, until a more favorable time of the

year, at all events until after the American presidential

election. But in any case, however, I wanted to request you,

Duce, not to undertake this action without a previous

lightning-like occupation of Crete and, for this purpose, I also

wanted to submit to you some practical suggestions in regard to

the employment of a German parachute division and a further

airborne division . . . Yugoslavia must become disinterested, if

possible, however, from our point of view, interested in

co-operating in the liquidation of the Greek question. Without

assurances from Yugoslavia, it is useless to risk any successful

operation in the Balkans . . . Unfortunately, I must stress the

fact that waging a war in the Balkans before March is

impossible. Hence it would also serve to make any threatening

influence upon Yugoslavia of no purpose, since the Serbian

General Staff is well aware of the fact that no practical action

could follow such a threat before March. Hence, Yugoslavia must,

if at all possible, be won over by other means and in other

ways.”

On the 12th of November 1939, in his top-secret order, Hitler ordered

the OKH to make preparations to occupy Greece and Bulgaria, if

necessary. Apparently 10 divisions were to be used in order to prevent

Turkish intervention. I think I said 1939; it should, of course, have

been the 12th of November 1940. And to shorten the time, the German

divisions in Romania were to be increased.

On the 13th of December Hitler issued an order to OKW, OKL, OKH, OKM,

and the General Staff on the operation Marita, as the invasion of Greece

was to be called. In that order it was stated that the invasion of

Greece was planned and was to commence as soon as the weather was

advantageous. A further order was issued on the 11th of January of 1941.

On the 28th of January of 1941 Hitler saw Mussolini. The Defendants

Jodl, Keitel, and Ribbentrop were present at the meeting. We know about

it from Jodl’s notes of what took place. We know that Hitler stated that

one of the purposes of German troop concentrations in Romania was for

use in the plan Marita against Greece.

On the 1st of March 1941 German troops entered Bulgaria and moved

towards the Greek frontier. In the face of this threat of an attack on

Greece by German as well as Italian forces, British troops were landed

in Greece on the 3rd of March, in accordance with the declaration which

had been given by the British Government on the 13th of April 1939; that

Britain would feel bound to give Greece and Romania, respectively, all

the support in her power in the event of either country becoming the

victim of aggression and resisting such aggression. Already, of course,

the Italian operations had made that pledge operative.

On the 25th of March of 1941, Yugoslavia, partly won over by the “other

means and in other ways” to which Hitler had referred, joined the Three

Power Pact which had already been signed by Germany, Italy, and Japan.

The preamble of the pact stated that the three powers would stand side

by side and work together.

On the same day the Defendant Ribbentrop wrote two notes to the Yugoslav

Prime Minister assuring him of Germany’s full intention to respect the

sovereignty and independence of his country. That declaration was just

another example of the treachery employed by German diplomacy. We have

already seen the preparations that had been made. We have seen Hitler’s

attempts to tempt the Italians into an aggression against Yugoslavia. We

have seen, in January, his own orders for preparations to invade

Yugoslavia and then Greece. And now, on the 25th of March, he is signing

a pact with that country and his Foreign Minister is writing assurances

of respect for her sovereignty and territorial integrity.

As a result of the signing of that pact, the anti-Nazi element in

Yugoslavia immediately accomplished a _coup d’état_ and established a

new government. And thereupon, no longer prepared to respect the

territorial integrity and sovereignty of her ally, Germany immediately

took the decision to invade. On the 27th of March, 2 days after the

Three Power Pact had been signed, Hitler issued instructions that

Yugoslavia was to be invaded and used as a base for the continuance of

the combined German and Italian operation against Greece.

Following that, further deployment and instructions for the action

Marita were issued by Von Brauchitsch on the 30th of March 1941.

It was said—and I quote:

“The orders issued with regard to the operation against Greece

remain valid so far as not affected by this order . . . . On the

5th April, weather permitting, the Air Forces are to attack

troops in Yugoslavia, while simultaneously the attack of the

12th Army begins against both Yugoslavia and Greece.”

And as we now know, the invasion actually commenced in the early hours

of the 6th of April.

Treaties, pacts, assurances, obligations of any kind, are brushed aside

and ignored wherever the aggressive interests of Germany are concerned.

I turn now to the last act of aggression in Europe—my American

colleagues will deal with the position in relation to Japan—I turn now

to the last act of aggression in Europe with which these Nazi

conspirators are charged, the attack upon Russia.

In August of 1939 Germany, although undoubtedly intending to attack

Russia at some convenient opportunity, concluded a treaty of

non-aggression with the Union of Soviet Socialist Republics. When

Belgium and the Low Countries were occupied and France collapsed in June

of 1940, England—although with the inestimably valuable moral and

economic support of the United States of America—was left alone in the

field as the sole representative of democracy in the face of the forces

of aggression. At that moment only the British Empire stood between

Germany and the achievement of her aim to dominate the Western World.

Only the British Empire—and England as its citadel. But it was enough.

The first, and possibly the decisive, military defeat which the enemy

sustained was in the campaign against England; and that defeat had a

profound influence on the future course of the war.

On the 16th of July of 1940 Hitler issued to the Defendants Keitel and

Jodl a directive—which they found themselves unable to obey—for the

invasion of England. It started off—and Englishmen will forever be

proud of it—by saying that:

“Since England, despite her militarily hopeless situation, shows

no signs of willingness to come to terms, I have decided to

prepare a landing operation against England and if necessary to

carry it out. The aim is . . . to eliminate the English homeland

as a base for the carrying on of the war against Germany . . . .

Preparations for the entire operation must be completed by

mid-August.”

But the first essential condition for that plan was, I quote:

“. . . the British Air Force must morally and actually be so far

overcome that it does not any longer show any considerable

aggressive force against the German attack.”

The Defendant Göring and his Air Force, no doubt, made the most

strenuous efforts to realize that condition, but, in one of the most

splendid pages of our history, it was decisively defeated. And although

the bombardment of England’s towns and villages was continued throughout

that dark winter of 1940-41, the enemy decided in the end that England

was not to be subjugated by these means, and, accordingly, Germany

turned back to the East, the first major aim unachieved.

On the 22d of June 1941 German Armed Forces invaded Russia, without

warning, without declaration of war. It was, of course, a breach of the

usual series of treaties; they meant no more in this case than they had

meant in the other cases. It was a violation of the Pact of Paris; it

was a flagrant contradiction of the Treaty of Non-Aggression which

Germany and Russia had signed on the 23rd of August a year before.

Hitler himself said, in referring to that agreement, that “agreements

were only to be kept as long as they served a purpose.”

The Defendant Ribbentrop was more explicit. In an interview with the

Japanese Ambassador in Berlin on the 23rd of February 1941, he made it

clear that the object of the agreement had merely been, so far as

Germany was concerned, to avoid a two-front war.

In contrast to what Hitler and Ribbentrop and the rest of them were

planning within the secret councils of Germany, we know what they were

saying to the rest of the world.

On the 19th of July, Hitler spoke in the Reichstag:

“In these circumstances”—he said—“I considered it proper to

negotiate as a first priority a sober definition of interest

with Russia. It would be made clear once and for all what

Germany believes she must regard as her sphere of interest to

safeguard her future and, on the other hand, what Russia

considers important for her existence. From this clear

delineation of the sphere of interest there followed the new

regulation of Russian-German relations. Any hope that now, at

the end of the term of the agreement, a new Russo-German tension

could arise is childish. Germany has taken no step which would

lead her outside her sphere of interest, nor has Russia. But

England’s hope to achieve an amelioration of her own position

through the engineering of some new European crisis, is, insofar

as it is concerned with Russo-German relations, an illusion.

“English statesmen perceive everything somewhat slowly, but they

too will learn to understand this in the course of time.”

The whole statement was, of course, a tissue of lies. It was not many

months after it had been made that the arrangements for attacking Russia

were put into hand. And the Defendant Raeder gives us the probable

reason for the decision in a note which he sent to Admiral Assmann:

“The fear that control of the air over the Channel in the Autumn

of 1940 could no longer be attained, a realization which the

Führer no doubt gained earlier than the Naval War Staff, who

were not so fully informed of the true results of air raids on

England (our own losses), surely caused the Führer, as far back

as August and September”—this was August and September of

1940—“to consider whether, even prior to victory in the West,

an Eastern campaign would be feasible, with the object of first

eliminating our last serious opponent on the Continent . . . .

The Führer did not openly express this fear, however, until well

into September.”

He may not have spoken to the Navy of his intentions until later in

September, but by the beginning of that month he had undoubtedly told

the Defendant Jodl about them.

Dated the 6th of September 1940, we have a directive of the OKW signed

by the Defendant Jodl, and I quote:

“Directions are given for the occupation forces in the East to

be increased in the following weeks. For security reasons”—and

I quote—“this should not create the impression in Russia that

Germany is preparing for an Eastern offensive.”

Directives are given to the German Intelligence Service pertaining to

the answering of questions by the Russian Intelligence Service, and I

quote:

“The respective strength of the German troops in the East is to

be camouflaged by . . . frequent changes in this area . . . .

The impression is to be created that the bulk of the troops is

in the south of the Government General and that the occupation

in the North is relatively small.”

And so we see the beginning of the operations.

On the 12th of November 1940 Hitler issued a directive, signed by the

Defendant Jodl, in which it was stated that the political task to

determine the attitude of Russia had begun, but that without reference

to the result of preparations against the East, which had been ordered

orally.

It is not to be supposed that the U.S.S.R. would have taken part in any

conversations at that time if it had been realized that on the very day

orders were being given for preparations to be made for the invasion of

Russia, and that the order for the operation, which was called “Plan

Barbarossa”, was in active preparation. On the 18th of December the

order was issued, and I quote:

“The German Armed Forces have to be ready to defeat Soviet

Russia in a swift campaign before the end of the war against

Great Britain.”

And later, in the same instruction—and I quote again:

“All orders which shall be issued by the High Commanders in

accordance with this instruction have to be clothed in such

terms that they may be taken as measures of precaution in case

Russia should change her present attitude towards ourselves.”

Germany kept up the pretense of friendliness and, on the 10th of January

1941, well after the Plan Barbarossa for the invasion of Russia had been

decided upon, Germany signed the German-Russian Frontier Treaty. Less

than a month later, on the 3rd of February of 1941, Hitler held a

conference, attended by the Defendants Keitel and Jodl, at which it was

provided that the whole operation against Russia was to be camouflaged

as if it was part of the preparation for the “Plan Seelöwe”, as the plan

for the invasion of England was described.

By March of 1941 plans were sufficiently advanced to include provision

for dividing the Russian territory into nine separate states to be

administered under Reich Commissars, under the general control of the

Defendant Rosenberg; and at the same time detailed plans for the

economic exploitation of the country were made under the supervision of

the Defendant Göring, to whom the responsibility in this matter—and it

is a serious one—had been delegated by Hitler.

You will hear something of the details of these plans. I remind you of

one document which has already been referred to in this connection.

It is significant that on the 2d of May of 1941 a conference of State

Secretaries took place in regard to the Plan Barbarossa, and in the

course of that it was noted:

“1. The war can be continued only if all Armed Forces are fed

out of Russia in the third year of the war.

“2. There is no doubt that, as a result, many millions of people

will be starved to death if we take out of the country the

things necessary for us.”

But that apparently caused no concern. The “Plan Oldenbourg”, as the

scheme for the economic organization and exploitation of Russia was

called, went on. By the 1st of May 1941, the D-Day of the operation had

been fixed. By the 1st of June preparations were virtually complete and

an elaborate timetable was issued. It was estimated that, although there

would be heavy frontier battles, lasting perhaps 4 weeks, after that no

serious opposition was to be expected.

On the 22d of June, at 3:30 in the morning, the German armies marched

again. As Hitler said in his proclamation to them, “I have decided to

give the fate of the German people and of the Reich and of Europe again

into the hands of our soldiers.”

The usual false pretexts were, of course, given. Ribbentrop stated on

the 28th of June that the step was taken because of the threatening of

the German frontiers by the Red Army. It was a lie, and the Defendant

Ribbentrop knew it was a lie.

On the 7th of June 1941 Ribbentrop’s own Ambassador in Moscow was

reporting to him, and I quote, that, “All observations show that Stalin

and Molotov, who are alone responsible for Russian foreign policy, are

doing everything to avoid a conflict with Germany.” The staff records

which you will see make it clear that the Russians were making no

military preparations and that they were continuing their deliveries

under the Trade Agreement to the very last day. The truth is, of course,

that the elimination of Russia as a political opponent and the

incorporation of the Soviet territory in the German Lebensraum had been

one of the cardinal features of Nazi policy for a very long time,

subordinated latterly for what the Defendant Jodl called diplomatic

reasons.

And so, on the 22d of June, the Nazi armies were flung against the power

with which Hitler had so recently sworn friendship, and Germany embarked

upon that last act of aggression in Europe, which, after long and bitter

fighting, was eventually to result in Germany’s own collapse.

That, then, is the case against these defendants, as amongst the rulers

of Germany, under Count Two of this Indictment.

It may be said that many of the documents which have been referred to

were in Hitler’s name, and that the orders were Hitler’s orders, and

that these men were mere instruments of Hitler’s will. But they were the

instruments without which Hitler’s will could not be carried out; and

they were more than that. These men were no mere willing tools, although

they would be guilty enough if that had been their role. They are the

men whose support had built Hitler up into the position of power he

occupied; these are the men whose initiative and planning often

conceived and certainly made possible the acts of aggression done in

Hitler’s name; and these are the men who enabled Hitler to build up the

Army, the Navy, the Air Force, the war economy, the political

philosophy, by which these treacherous attacks were carried out, and by

which he was able to lead his fanatical followers into peaceful

countries to murder, to loot, and to destroy. They are the men whose

cooperation and support made the Nazi Government of Germany possible.

The government of a totalitarian country may be carried on without

representatives of the people, but it cannot be carried on without any

assistance at all. It is no use having a leader unless there are also

people willing and ready to serve their personal greed and ambition by

helping and following him. The dictator who is set up in control of the

destinies of his country does not depend on himself alone either in

acquiring power or in maintaining it. He depends upon the support and

the backing which lesser men, themselves lusting to share in dictatorial

power, anxious to bask in the adulation of their leader, are prepared to

give.

In the criminal courts of our countries, when men are put on their trial

for breaches of the municipal laws, it not infrequently happens that of

a gang indicted together in the dock, one has the master mind, the

leading personality. But it is no excuse for the common thief to say, “I

stole because I was told to steal”, for the murderer to plead, “I killed

because I was asked to kill.” And these men are in no different

position, for all that it was nations they sought to rob, and whole

peoples which they tried to kill. “The warrant of no man excuseth the

doing of an illegal act.” Political loyalty, military obedience are

excellent things, but they neither require nor do they justify the

commission of patently wicked acts. There comes a point where a man must

refuse to answer to his leader if he is also to answer to his

conscience. Even the common soldier, serving in the ranks of his army,

is not called upon to obey illegal orders. But these men were no common

soldiers: They were the men whose skill and cunning, whose labor and

activity made it possible for the German Reich to tear up existing

treaties, to enter into new ones and to flout them, to reduce

international negotiations and diplomacy to a hollow mockery, to destroy

all respect for and effect in international law and, finally, to march

against the peoples of the world to secure that domination in which, as

arrogant members of their self-styled master race, they professed to

believe.

If these crimes were in one sense the crimes of Nazi Germany, they also

are guilty as the individuals who aided, abetted, counselled, procured,

and made possible the commission of what was done.

The total sum of the crime these men have committed—so awful in its

comprehension—has many aspects. Their lust and sadism, their deliberate

slaughter and degradation of so many millions of their fellow creatures

that the imagination reels, are but one side of this matter. Now that an

end has been put to this nightmare, and we come to consider how the

future is to be lived, perhaps their guilt as murderers and robbers is

of less importance and of less effect to future generations of mankind

than their crime of fraud—the fraud by which they placed themselves in

a position to do their murder and their robbery. That is the other

aspect of their guilt. The story of their “diplomacy”, founded upon

cunning, hypocrisy, and bad faith, is a story less gruesome no doubt,

but no less evil and deliberate. And should it be taken as a precedent

of behavior in the conduct of international relations, its consequences

to mankind will no less certainly lead to the end of civilized society.

Without trust and confidence between nations, without the faith that

what is said is meant and that what is undertaken will be observed, all

hope of peace and security is dead. The Governments of the United

Kingdom and the British Commonwealth, of the United States of America,

of the Union of Soviet Socialist Republics, and of France, backed by and

on behalf of every other peace-loving nation of the world, have

therefore joined to bring the inventors and perpetrators of this Nazi

conception of international relationship before the bar of this

Tribunal. They do so, so that these defendants may be punished for their

crimes. They do so, also, that their conduct may be exposed in all its

naked wickedness and they do so in the hope that the conscience and good

sense of all the world will see the consequences of such conduct and the

end to which inevitably it must always lead. Let us once again restore

sanity and with it also the sanctity of our obligations towards each

other.

THE PRESIDENT: Mr. Attorney, would it be convenient to the prosecutors

from Great Britain to continue?

SIR HARTLEY SHAWCROSS: The proposal was that my friend, Mr. Sidney

Alderman, should continue with the presentation of the case with regard

to the final acts of aggression against Czechoslovakia and that that

being done, my British colleagues would continue with the presentation

of the British case. As the Tribunal will appreciate, Counts One and Two

are in many respects complementary, and my American colleagues and

ourselves are working in closest cooperation in presenting the evidence

affecting those counts.

THE PRESIDENT: Mr. Alderman, would it be convenient for you to go on

until 5 o’clock?

MR. ALDERMAN: Yes. May it please the Tribunal, it is quite convenient

for me to proceed. I can but feel that it will be quite anticlimactic

after the address which you just heard.

When the Tribunal rose yesterday afternoon, I had just completed an

outline of the plans laid by the Nazi conspirators in the weeks

immediately following the Munich Agreement. These plans called for what

the German officials called “the liquidation of the remainder of

Czechoslovakia.” You will recall that 3 weeks after Munich, on 21

October, the same day on which the administration of the Sudetenland was

handed over to the civilian authorities, Hitler and Keitel had issued an

order to the Armed Forces. This document is C-136, Exhibit USA-104.

In this order Hitler and Keitel ordered the beginning of preparations by

the Armed Forces for the conquest of the remainder of Czechoslovakia.

You will also recall that 2 months later, on 17 December, the Defendant

Keitel issued an appendix to the original order directing the

continuation of these preparations. This document is C-138, Exhibit

USA-105, and both these documents have already been introduced.

Proceeding on the assumption that no resistance worth mentioning was to

be expected, this order emphasized that the attack on Czechoslovakia was

to be well camouflaged so that it would not appear to be a warlike

action. “To the outside world,” it said, and I quote, “it must appear

obvious that it is merely an action of pacification and not a warlike

undertaking.”

Thus, in the beginning of 1939 the basic planning for military action

against the mutilated Czechoslovak Republic had already been carried out

by the German High Command.

I turn now to the underhand and criminal methods used by the Nazi

conspirators to ensure that no resistance worth mentioning would, in

fact, be met by the German Army. As in the case of Austria and the

Sudetenland, the Nazi conspirators did not intend to rely on the

Wehrmacht alone to accomplish their calculated objective of liquidating

Czechoslovakia. With the German minority separated from Czechoslovakia,

they could no longer use the cry, “Home to the Reich.” One sizable

minority, the Slovaks, still remained within the Czechoslovak state.

I should mention at this point that the Czechoslovak Government had made

every effort to conciliate Slovak extremists in the months after the

cession of the Sudetenland. Autonomy had been granted to Slovakia, with

an autonomous Cabinet and Parliament at Bratislava. Nevertheless,

despite these concessions, it was in Slovakia that the Nazi conspirators

found fertile ground for their tactics. The picture which I shall now

draw of Nazi operations in Slovakia is based on the Czechoslovak

official Government Report, Document Number 998-PS, already admitted in

evidence as Exhibit USA-91, and of which the Court has already taken

judicial notice.

Nazi propaganda and research groups had long been interested in

maintaining close connection with the Slovak autonomist opposition. When

Bela Tuka, who later became Prime Minister of the puppet state of

Slovakia, was tried for espionage and treason in 1929, the evidence

established that he had already established connections with Nazi groups

within Germany. Prior to 1938 Nazi aides were in close contact with the

Slovak traitors living in exile and were attempting to establish more

profitable contacts in the semi-fascist Slovak Catholic People’s Party

of Monsignor Andrew Hlinka. In February and July 1938 the leaders of the

Henlein movement conferred with top men of Father Hlinka’s party and

agreed to furnish one another with mutual assistance in pressing their

respective claims to autonomy. This understanding proved useful in the

September agitation when at the proper moment the Foreign Office in

Berlin wired the Henlein leader, Kundt, in Prague to tell the Slovaks to

start their demands for autonomy.

This telegram, our Document Number 2858-PS, Exhibit USA-97, has already

been introduced in evidence and read.

By this time—midsummer 1938—the Nazis were in direct contact with

figures in the Slovak autonomist movement and had paid agents among the

higher staff of Father Hlinka’s party. These agents undertook to render

impossible any understanding between the Slovak autonomists and the

Slovak parties in the government at Prague.

Hans Karmasin, later to become Volksgruppenführer, had been appointed

Nazi leader in Slovakia and professed to be serving the cause of Slovak

autonomy while actually on the Nazi payroll. On 22 November the Nazis

indiscreetly wired Karmasin to collect his money at the German Legation

in Prague, and I offer in evidence Document 2859-PS as Exhibit USA-107,

captured from the German Foreign Office files. I read this telegram

which was sent from the German Legation at Prague to Pressburg:

“Delegate Kundt asks to notify State Secretary Karmasin he would

appreciate it if he could personally draw the sum which is being

kept for him at the treasury of the Embassy.”—signed—“Hencke.”

Karmasin proved to be extremely useful to the Nazi cause. Although it is

out of its chronological place in my discussion, I should like now to

offer in evidence Document 2794-PS, a captured memorandum of the German

Foreign Office which I offer as Exhibit USA-108, dated Berlin, 29

November 1939.

This document, dated 8 months after the conquest of Czechoslovakia,

throws a revealing light both on Karmasin and on the German Foreign

Office, and I now read from this memorandum:

“On the question of payments to Karmasin.

“Karmasin receives 30,000 marks monthly from the VDA”—Peoples’

League for Germans Abroad—“until 1 April 1940; from then on

15,000 marks monthly.

“Furthermore, the Central Office for Racial

Germans”—Volksdeutsche Mittelstelle—“has deposited 300,000

marks for Karmasin with the German Mission in

Bratislava”—Pressburg—“on which he could fall back in an

emergency.

“Furthermore, Karmasin has received money from Reich Minister

Seyss-Inquart; for the present it has been impossible to

determine what amounts had been involved, and whether the

payments still continue.

“Therefore, it appears that Karmasin has been provided with

sufficient money; thus one could wait to determine whether he

would put up new demands himself.

“Herewith presented to the Reich Foreign

Minister.”—signed—“Woermann.”

This document shows the complicity of the German Foreign Office in the

subsidization of illegal organizations abroad. More important, it shows

that the Germans still considered it necessary to supply their

undercover representatives in Pressburg with substantial funds, even

after the declaration of the so-called Independent State of Slovakia.

Sometime in the winter of 1938-39, the Defendant Göring conferred with

Durkansky and Mach, two leaders in the Slovak extremist group, who were

accompanied by Karmasin. The Slovaks told Göring of their desire for

what they called independence, with strong political, economic, and

military ties to Germany. They promised that the Jewish problem would be

solved as it had been solved in Germany; that the Communist Party would

be prohibited. The notes of the meeting report that Göring considered

that the Slovak efforts towards independence were to be supported, but

as the document will show, his motives were scarcely altruistic.

I now offer in evidence Document 2801-PS as Exhibit USA-109, undated

minutes of a conversation between Göring and Durkansky. This document

was captured among the files of the German Foreign Office.

I now read these minutes, which are jotted down in somewhat telegraphic

style. To begin with:

“Durkansky (Deputy Prime Minister) reads out declaration.

Contents: Friendship for the Führer; gratitude, that through the

Führer, autonomy has become possible for the Slovaks: The

Slovaks never want to belong to Hungary. The Slovaks want full

independence with strongest political, economic, and military

ties to Germany. Bratislava to be the capital. The execution of

the plan only possible if the army and police are Slovak.

“An independent Slovakia to be proclaimed at the meeting of the

first Slovak Diet. In the case of a plebiscite the majority

would favor a separation from Prague. Jews will vote for

Hungary. The area of the plebiscite to be up to the March, where

a large Slovak population lives.

“The Jewish problem will be solved similarly to that in Germany.

The Communist Party to be prohibited.

“The Germans in Slovakia do not want to belong to Hungary but

wish to stay in Slovakia.

“The German influence with the Slovak Government considerable;

the appointment of a German Minister (member of the Cabinet) has

been promised.

“At present negotiations with Hungary are being conducted by the

Slovaks. The Czechs are more yielding towards the Hungarians

than the Slovaks.

“The Field Marshal”—that is Field Marshal Göring—“considers

that the Slovak negotiations towards independence are to be

supported in a suitable manner. Czechoslovakia without Slovakia

is still more at our mercy.

“Air bases in Slovakia are of great importance for the German

Air Force for use against the East.”

On 12 February a Slovak delegation journeyed to Berlin. It consisted of

Tuka, one of the Slovaks with whom the Germans had been in contact, and

Karmasin, the paid representative of the Nazi conspirators in Slovakia.

They conferred with Hitler and the Defendant Ribbentrop in the Reich

Chancellery in Berlin on Sunday, 12 February 1939.

I now offer in evidence Document 2790-PS as Exhibit USA-110, the

captured German Foreign Office minutes of that meeting:

“After a brief welcome Tuka thanks the Führer for granting this

meeting. He addresses the Führer with ‘My Führer’ and he voices

the opinion that he, though only a modest man himself, might

well claim to speak for the Slovak nation. The Czech courts and

prison gave him the right to make such a statement. He states

that the Führer had not only opened the Slovak question but that

he had been also the first one to acknowledge the dignity of the

Slovak nation. The Slovakian people will gladly fight under the

leadership of the Führer for the maintenance of European

civilization. Obviously future association with the Czechs had

become an impossibility for the Slovaks from a moral as well as

an economic point of view.”

Then skipping to the last sentence: “‘I entrust the fate of my people to

your care.’”—addressing that to the Führer!

During the meeting the Nazi conspirators apparently were successful in

planting the idea of insurrection with the Slovak delegation. I refer to

the final sentence of the document, which I have just read, the sentence

spoken by Tuka, “I entrust the fate of my people to your care.”

It is apparent from these documents that in mid-February 1939 the Nazis

had a well-disciplined group of Slovaks at their service, many of them

drawn from the ranks of Father Hlinka’s party. Flattered by the personal

attention of such men as Hitler and the Defendant Ribbentrop and

subsidized by German representatives, these Slovaks proved willing tools

in the hands of the Nazi conspirators.

In addition to Slovaks, the conspirators made use of the few Germans

still remaining within the mutilated Czechoslovak Republic. Kundt,

Henlein’s deputy who had been appointed leader of this German minority,

created as many artificial “focal points of German culture” as possible.

Germans from the districts handed over to Germany were ordered from

Berlin to continue their studies at the German University in Prague and

to make it a center of aggressive Nazism.

With the assistance of German civil servants, a deliberate campaign of

Nazi infiltration into Czech public and private institutions was carried

out, and the Henleinists gave full co-operation to Gestapo agents from

the Reich who appeared on Czech soil. The Nazi political activity was

designed to undermine and to weaken Czech resistance to the commands

from Germany.

In the face of continued threats and duress on both diplomatic and

propaganda levels, the Czech Government was unable to take adequate

measures against these trespassers upon its sovereignty.

I am using as the basis of my remarks the Czechoslovak official

Government report, Document Number 998-PS.

In early March, with the date for the final march into Czechoslovakia

already close at hand, Fifth Column activity moved into its final phase.

In Bohemia and Moravia the FS, Henlein’s equivalent of the SS, were in

touch with the Nazi conspirators in the Reich and laid the groundwork of

the events of 14 and 15 March.

I now offer in evidence Document 2826-PS as Exhibit USA-111. This is an

article by SS Group Leader Karl Hermann Frank, published in the

publication _Böhmen and Mähren_, the official periodical of the Reich

Protector of Bohemia and Moravia, edition May 1941, Page 179.

This is an article written by one of the Nazi leaders in Czechoslovakia

at the moment of Germany’s greatest military successes. It is a boastful

article and reveals with a frankness rarely found in the Nazi press both

the functions which the FS and the SS served and the pride the Nazi

conspirators took in the activities of these organizations. It is a long

quotation.

THE PRESIDENT: Are you going on with this tomorrow, Mr. Alderman?

MR. ALDERMAN: Yes.

THE PRESIDENT: Will you take the whole day?

MR. ALDERMAN: No, not more than an hour and a half.

THE PRESIDENT: And after that the British prosecutors will go on?

MR. ALDERMAN: Yes.

[_The Tribunal adjourned until 5 December 1945 at 1000 hours._]

THIRTEENTH DAY

Wednesday, 5 December 1945

_Morning Session_

MR. ALDERMAN: May it please the Tribunal, when the Tribunal rose

yesterday afternoon, I had just offered in evidence Document 2826-PS,

Exhibit USA-111. This was an article by SS Group Leader Karl Hermann

Frank, published in _Böhmen und Mähren_ (or _Bohemia and Moravia_), the

official periodical of the Reich Protector of Bohemia and Moravia, the

issue of March 1941, at Page 79. It is an article which reveals with

considerable frankness the functions which the FS and SS had, and shows

the pride which the Nazi conspirators took in the activities of these

organizations. I read from that article, under the heading “The SS on

March 15, 1939”:

“A modern people and a modern state are today unthinkable

without political troops. To these are allotted the special task

of being the advance guard of the political will and the

guarantor of its unity. This is especially true of the German

folk-groups, which have their home in some other people’s state.

Accordingly the Sudeten German Party had formerly also organized

its political troop, the Voluntary Vigilantes”—or, in German,

“Freiwilliger Selbstschutz”, called FS for short.—“This troop

was trained especially in accordance with the principles of the

SS, so far as these could be used in this region at that time.

The troop was likewise assigned here the special task of

protecting the homeland actively, if necessary. It stood up well

in its first test in this connection, wherever in the fall

crisis of 1938 it had to assume the protection of the homeland,

arms in hand.

“After the annexation of the Sudeten Gau the tasks of the FS

were transferred essentially to the German student organizations

as compact troop formations in Prague and Brünn, aside from the

isolated German communities which remained in the Second

Republic. This was also natural because many active students

from the Sudeten Gau were already members of the SS. The student

organizations then had to endure this test, in common with other

Germans, during, the crisis of March 1939 . . . .

“In the early morning hours of 15 March, after the announcement

of the planned entry of German troops, German men had to act in

some localities in order to assure a quiet course of events,

either by assumption of the police authority, as for instance in

Brünn, or by corresponding instructions of the police president.

In some Czech offices men had likewise, in the early hours of

the morning, begun to burn valuable archives and the material of

political files. It was also necessary to take measures here in

order to prevent foolish destruction . . . . How significant the

many-sided and comprehensive measures were considered by the

competent German agencies follows from the fact that many of the

men either on March 15 itself or on the following days were

admitted into the SS with fitting acknowledgment, in part even

through the Reich leader of the SS himself or through SS Group

Leader Heydrich. The activities and deeds of these men were

thereby designated as accomplished in the interest of the SS

. . . .

“Immediately after the corresponding divisions of the SS had

marched in with the first columns of the German Army and had

assumed responsibility in the appropriate sectors, the men here

placed themselves at once at their further disposition and

became valuable auxiliaries and collaborators.”

I now ask the Court to take judicial notice under Article 21 of the

Charter of three official documents. These are identified by us as

Documents D-571, D-572, and 2943-PS. I offer them in evidence,

respectively, D-571 as Exhibit USA-112; D-572, Exhibit USA-113; and

2943-PS, which is the _French Official Yellow Book_, at Pages 66 and 67,

as Exhibit USA-114.

The first two documents are British diplomatic dispatches, properly

certified to by the British Government, which gave the background of

intrigue in Slovakia—German intrigue in Slovakia. The third document,

2943-PS or Exhibit USA-114, consists of excerpts from the _French Yellow

Book_, principally excerpts from dispatches signed by M. Coulondre, the

French Ambassador in Berlin, to the French Foreign Office between 13 and

18 March 1939. I expect to draw on these three dispatches rather freely

in the further course of my presentation, since the Tribunal will take

judicial notice of each of these documents, I think; and therefore, it

may not be necessary to read them at length into the transcript. In

Slovakia the long-anticipated crisis came on 10 March. On that day the

Czechoslovakian Government dismissed those members of the Slovak Cabinet

who refused to continue negotiations with Prague, among them Foreign

Minister Tiso and Durcansky. Within 24 hours the Nazis seized upon this

act of the Czechoslovak Government as an excuse for intervention. On the

following day, March 11, a strange scene was enacted in Bratislava, the

Slovak capital. I quote from Document D-571, which is USA-112. That is

the report of the British Minister in Prague to the British Government.

“Herr Bürckel, Herr Seyss-Inquart, and five German generals came

at about 10 o’clock in the evening of Saturday, the 11th of

March, into a Cabinet meeting in progress in Bratislava and told

the Slovak Government that they should proclaim the independence

of Slovakia. When M. Sidor, the Prime Minister, showed

hesitation, Herr Bürckel took him on one side and explained that

Herr Hitler had decided to settle the question of Czechoslovakia

definitely. Slovakia ought, therefore, to proclaim her

independence, because Herr Hitler would otherwise disinterest

himself in her fate. M. Sidor thanked Herr Bürckel for this

information, but said that he must discuss the situation with

the Government at Prague.”

A very strange situation that he should have to discuss such a matter

with his own Government, before obeying instructions of Herr Hitler

delivered by five German generals and Herr Bürckel and Herr

Seyss-Inquart.

Events went on moving rapidly, but Durcansky, one of the dismissed

ministers, escaped with Nazi assistance to Vienna, where the facilities

of the German broadcasting station were placed at his disposal. Arms and

ammunition were brought from German offices in Engerau across the Danube

into Slovakia, where they were used by the FS and the Hlinka Guards to

create incidents and disorder of the type required by the Nazis as an

excuse for military action. The German press and radio launched a

violent campaign against the Czechoslovak Government; and,

significantly, an invitation from Berlin was delivered in Bratislava.

Tiso, the dismissed Prime Minister, was summoned by Hitler to an

audience in the German capital. A plane was awaiting him in Vienna.

At this point, in the second week of March 1939, preparations for what

the Nazi leaders like to call the liquidation of Czechoslovakia were

progressing with what to them must have been very satisfying smoothness.

The military, diplomatic, and propaganda machinery of the Nazi

conspirators was moving in close co-ordination. All during the process

of the Fall Grün (or Case Green) of the preceding summer, the Nazi

conspirators had invited Hungary to participate in this new attack.

Admiral Horthy, the Hungarian Regent, was again greatly flattered by

this invitation.

I offer in evidence Document 2816-PS as Exhibit USA-115. This is a

letter the distinguished Admiral of Hungary, a country which,

incidentally, had no navy, wrote to Hitler on 13 March 1939, and which

we captured in the German Foreign Office files.

“Your Excellency, my sincere thanks.

“I can hardly tell you how happy I am because this headwater

region—I dislike using big words—is of vital importance to the

life of Hungary.”—I suppose he needed some headwaters for the

non-existent navy of which he was admiral.

“In spite of the fact that our recruits have been serving for

only 5 weeks we are going into this affair with eager

enthusiasm. The dispositions have already been made. On

Thursday, the 16th of this month, a frontier incident will take

place which will be followed by the big blow on Saturday.”—He

doesn’t like to use big words; “big blow” is sufficient.

“I shall never forget this proof of friendship, and Your

Excellency may rely on my unshakeable gratitude at all times.

Your devoted friend, Horthy.”

From this cynical and callous letter from the distinguished Admiral

. . .

THE PRESIDENT: Was that letter addressed to the Hungarian Ambassador at

Berlin?

MR. ALDERMAN: I thought it was addressed to Hitler, if the President

please.

THE PRESIDENT: There are some words at the top which look like a

Hungarian name.

MR. ALDERMAN: That is the letter heading. As I understand it, the letter

was addressed to Adolf Hitler.

THE PRESIDENT: All right.

MR. ALDERMAN: And I should have said it was—it ended with the . . .

THE PRESIDENT: Is there anything on the letter which indicates that?

MR. ALDERMAN: Only the fact that it was found in the Berlin Foreign

Office, and the wording of the letter and the address “Your Excellency.”

We may be drawing a conclusion as to whom it was addressed; but it was

found in the Berlin Foreign Office.

From that cynical and callous letter it may be inferred that the Nazi

conspirators had already informed the Hungarian Government of their

plans for further military action against Czechoslovakia. As it turned

out the timetable was advanced somewhat. I would draw the inference that

His Excellency, Adolf Hitler, informed his devoted friend Horthy of this

change in good time.

On the diplomatic level the Defendant Ribbentrop was quite active. On 13

March, the same day on which Horthy wrote his letter, Ribbentrop sent a

cautionary telegram to the German Minister in Prague outlining the

course of conduct he should pursue during the coming diplomatic

pressure. I offer in evidence Document 2815-PS as Exhibit USA-116. This

is the telegram sent by Ribbentrop to the German Legation in Prague on

13 March.

“Berlin, 13 March 1939.

“Prague. Telegram in secret code.

“With reference to telephone instructions given by Kordt today.

In case you should get any written communication from President

Hacha, please do not make any written or verbal comments or take

any other action on them, but pass them on here by cipher

telegram. Moreover, I must ask you and the other members of the

legation to make a point of not being available if the Czech

Government wants to communicate with you during the next few

days.”—Signed—“Ribbentrop.”

On the afternoon of 13 March Monsignor Tiso, accompanied by Durcansky

and Herr Meissner and the local Nazi leader, arrived in Berlin in

response to the summons from Hitler to which I have heretofore referred.

Late that afternoon Tiso was received by Hitler in his study in the

Reich Chancellery and presented with an ultimatum. Two alternatives were

given him: Either declare the independence of Slovakia, or be left

without German assistance to what were referred to as the emergence of

Poland and Hungary. This decision Hitler said was not a question of

days, but of hours. I now offer in evidence Document 2802-PS as Exhibit

USA-117—again a document captured in the German Foreign Office—German

Foreign Office minutes of the meeting between Hitler and Tiso on 13

March. I read the bottom paragraph on Page 2 and the top paragraph on

Page 3 of the English translation. The first paragraph I shall read is a

summary of Hitler’s remark. You will note that in the inducements he

held out to the Slovaks Hitler displayed his customary disregard for the

truth. I quote:

“Now he had permitted Minister Tiso to come here in order to

make this question clear in a very short time. Germany had no

interest east of the Carpathian mountains. It was indifferent to

him what happened there. The question was whether Slovakia

wished to conduct her own affairs or not. He did not wish for

anything from Slovakia. He would not pledge his people, or even

a single soldier, to something which was not in any way desired

by the Slovak people. He would like to secure final confirmation

as to what Slovakia really wished. He did not wish that

reproaches should come from Hungary that he was preserving

something which did not wish to be preserved at all. He took a

liberal view of unrest and demonstration in general, but in this

connection unrest was only an outward indication of interior

instability. He would not tolerate it and he had for that reason

permitted Tiso to come in order to hear his decision. It was not

a question of days, but of hours. He had stated at that time

that if Slovakia wished to make herself independent he would

support this endeavor and even guarantee it. He would stand by

his word so long as Slovakia would make it clear that she wished

for independence. If she hesitated or did not wish to dissolve

the connection with Prague, he would leave the destiny of

Slovakia to the mercy of events for which he was no longer

responsible. In that case he would only intercede for German

interests, and those did not lie east of the Carpathians.

Germany had nothing to do with Slovakia. She had never belonged

to Germany.

“The Führer asked the Reich Foreign Minister”—the Defendant

Ribbentrop—“if he had any remarks to add. The Reich Foreign

Minister also emphasized for his part the conception that in

this case a decision was a question of hours not of days. He

showed the Führer a message he had just received which reported

Hungarian troop movements on the Slovak frontiers. The Führer

read this report, mentioned it to Tiso, and expressed the hope

that Slovakia would soon decide clearly for herself.”

A most extraordinary interview. Germany had no interest in Slovakia;

Slovakia had never belonged to Germany; Tiso was invited there. And this

is what happened: Those present at that meeting included the Defendant

Ribbentrop, the Defendant Keitel, State Secretary Dietrich, State

Secretary Keppler, the German Minister of State Meissner. I invite the

attention of the Tribunal to the presence of the Defendant Keitel on

this occasion, as on so many other occasions, where purely political

measures in furtherance of Nazi aggression were under discussion, and

where apparently there was no need for technical military advice.

While in Berlin the Slovaks also conferred separately with the Defendant

Ribbentrop and with other high Nazi officials, Ribbentrop very

solicitously handed Tiso a copy, already drafted in Slovak language, of

the law proclaiming the independence of Slovakia. On the night of the

13th a German plane was conveniently placed at Tiso’s disposal to carry

him home. On 14 March, pursuant to the wishes of the Nazi conspirators,

the Diet of Bratislava proclaimed the independence of Slovakia. With

Slovak extremeness acting at the Nazi bidding in open revolt against the

Czechoslovak Government, the Nazi leaders were now in a position to move

against Prague. On the evening of the 14th, at the suggestion of the

German Legation in Prague, M. Hacha, the President of the Czechoslovak

Republic, and M. Chvalkowsky, his Foreign Minister, arrived in Berlin.

The atmosphere in which they found themselves might be described as

somewhat hostile. Since the preceding weekend, the Nazi press had

accused the Czechs of using violence against the Slovaks, and especially

against the members of the German minority and citizens of the Reich.

Both press and radio proclaimed that the lives of Germans were in

danger. Such a situation was intolerable. It was necessary to smother as

quickly as possible the focus of trouble, which Prague had become, in

the heart of Europe.—These peacemakers!

After midnight on the 15th, at 1:15 in the morning, Hacha and

Chvalkowsky were ushered into the Reich Chancellery. They found there

Adolf Hitler, the Defendants Ribbentrop, Göring, and Keitel and other

high Nazi officials. I now offer in evidence Document 2798-PS as Exhibit

USA-118. This document is the captured German Foreign Office account of

this infamous meeting. It is a long document. Parts of it are so

revealing and give so clear a picture of Nazi behavior and tactics that

I should like to read them in full.

It must be remembered that this account of the fateful conference on the

night of March 14-15 comes from German sources, and of course it must be

read as an account biased by its source, or as counsel for the

defendants said last week “a tendentious account”. Nevertheless, even

without too much discounting of the report on account of its source, it

constitutes a complete condemnation of the Nazis, who by pure and simple

international banditry forced the dissolution of Czechoslovakia. And I

interpolate to suggest that international banditry has been a crime

against international law for centuries.

I will first read the headings to the minutes. In the English

mimeographed version in the document books the time given is an

incorrect translation of the original. It should read 0115 to 0215:

“Conversation between the Führer and Reich Chancellor and the

President of Czechoslovakia, Hacha, in the presence of the Reich

Foreign Minister, Von Ribbentrop, and of the Czechoslovakian

Foreign Minister, Chvalkowsky, in the Reich Chancellery on 15

March 1939, 0115 to 0215 hours.”

Others present were General Field Marshal Göring, General Keitel,

Secretary of the State Von Weizsäcker, Minister of the State Meissner,

Secretary of the State Dietrich, Counselor of the Legation Hewel. Hacha

opened the conference. He was conciliatory—even humble, though the

President of a sovereign state. He thanked Hitler for receiving him and

he said he knew that the fate of Czechoslovakia rested in the Führer’s

hands. Hitler replied that he regretted that he had been forced to ask

Hacha to come to Berlin, particularly because of the great age of the

President. Hacha was then, I believe, in his seventies. But this

journey, Hitler told the President, could be of great advantage to his

country because, and I quote, “It was only a matter of hours until

Germany would intervene.” I quote now from the top of Page 3 of the

English translation. You will bear in mind that what I am reading are

rough notes or minutes of what Adolf Hitler said:

“Slovakia was a matter of indifference to him. If Slovakia had

kept closer to Germany it would have been an obligation to

Germany, but he was glad that he did not have this obligation

now. He had no interests whatsoever in the territory east of the

Little Carpathian Mountains. He did not want to draw the final

consequences in the autumn. . .”

THE PRESIDENT: Mr. Alderman, don’t you think you ought to read the last

sentence on Page 2?

MR. ALDERMAN: Perhaps so; yes. The last sentence from the preceding page

was:

“For the other countries Czechoslovakia was nothing but a means

to an end. London and Paris were not in a position to really

stand up for Czechoslovakia.

“Slovakia was a matter of indifference to him.”

Then I had read down to:

“But even at that time and also later in his conversations with

Chvalkowsky he made it clear that he would ruthlessly smash this

State if Beneš’ tendencies were not completely revised.

Chvalkowsky understood this and asked the Führer to have

patience.”—He often bragged of his patience.—“The Führer saw

this point of view, but the months went by without any change.

The new regime did not succeed in eliminating the old one

psychologically. He observed this from the press, mouth-to-mouth

propaganda, dismissals of Germans, and many other things which,

to him, were a symbol of the total perspective.

“At first he had not understood this but when it became clear to

him he drew his consequences because, had the development

continued in this way, the relations with Czechoslovakia would

in a few years have become the same as 6 months ago. Why did

Czechoslovakia not immediately reduce its Army to a reasonable

size? Such an army was a tremendous burden for such a state,

because it only makes sense if it supports the foreign political

mission of the state. Since Czechoslovakia no longer has a

foreign political mission such an army is meaningless. He

enumerated several examples which proved to him that the spirit

in the Army had not changed. This symptom convinced him that the

Army also would be a source of a severe political burden in the

future. Added to this were the inevitable development of

economic necessities, and, further, the protests of national

groups which could no longer endure life as it was.”

I now interpolate, if the Tribunal please, to note the significance of

that language of Adolf Hitler to the President of a supposed sovereign

state and its Prime Minister, having in his presence General Field

Marshal Göring, the Commander of the Air Force, and General Keitel. And

continuing to quote:

“Thus it is that the die was cast on the past Sunday.”—This is

still the language of Hitler.—“I sent for the Hungarian

minister and told him that I am withdrawing my hands from this

country. We were now confronted with this fact. He had given the

order to the German troops to march into Czechoslovakia and to

incorporate Czechoslovakia into the German Reich. He wanted to

give Czechoslovakia fullest autonomy and a life of her own to a

larger extent than she had ever enjoyed during Austrian rule.

Germany’s attitude towards Czechoslovakia will be determined

tomorrow, and the day after tomorrow, and depends on the

attitude of the Czechoslovakian people and the Czechoslovakian

military towards the German troops. He no longer trusts the

Government. He believes in the honesty and straightforwardness

of Hacha and Chvalkowsky, but doubts that the Government will be

able to assert itself in the entire nation. The German Army had

already started out today, and at one barracks where resistance

was offered, it was ruthlessly broken; another barracks had

given in at the deployment of heavy artillery.

“At 6 o’clock in the morning the German Army would invade

Czechoslovakia from all sides and the German Air Force would

occupy the Czech airfields. There existed two possibilities. The

first one would be that the invasion of the German troops would

lead to a battle. In this case the resistance will be broken by

all means with physical force. The other possibility is that the

invasion of the German troops occurs in bearable form. In that

case, it would be easy for the Führer to give Czechoslovakia in

the new organization of Czech life a generous life of her own,

autonomy, and a certain national liberty.

“We witnessed at the moment a great historical turning-point. He

would not like to torture and denationalize the Czechs. He also

did not do all that because of hatred, but in order to protect

Germany. If Czechoslovakia in the fall of last year would not

have yielded”—I suppose that is a bad translation for “had not

yielded”—“the Czech people would have been exterminated. Nobody

could have prevented him from doing that. It was his will that

the Czech people should live a full national life and he

believed firmly that a way could be found which would make

far-reaching concessions to the Czech desires. If fighting

should break out tomorrow, the pressure would result in

counter-pressure. One would annihilate another and it would then

not be possible any more for him to give the promised

alleviations. Within 2 days the Czech Army would not exist any

more. Of course, Germans would also be killed and this would

result in a hatred which would force him”—that is,

Hitler—“because of his instinct of self-preservation, not to

grant autonomy any more. The world would not move a muscle. He

felt pity for the Czech people when he was reading the foreign

press. It would leave the impression on him which could be

summarized in a German proverb: ‘The Moor has done his duty, the

Moor may go.’

“That was the state of affairs. There existed two trends in

Germany, a harder one which did not want any concessions and

wished, in memory to the past, that Czechoslovakia would be

conquered with blood, and another one, the attitude of which

corresponded with his just-mentioned suggestions.

“That was the reason why he had asked Hacha to come here. This

invitation was the last good deed which he could offer to the

Czech people. If it should come to a fight, the bloodshed would

also force us to hate. But the visit of Hacha could perhaps

prevent the extreme. Perhaps it would contribute to finding a

form of construction which would be so far-reaching for

Czechoslovakia as she could never have hoped for in the old

Austria. His aim was only to create the necessary security for

the German people.

“The hours went past. At 6 o’clock the troops would march in. He

was almost ashamed to say that there was one German division to

each Czech battalion. The military action was no small one, but

planned with all generosity. He would advise him”—that is,

Adolf Hitler advised poor old Hacha—“now to retire with

Chvalkowsky in order to discuss what should be done.”

In his reply to this long harangue, Hacha, according to the German

minutes, said that he agreed that resistance would be useless. He

expressed doubt that he would be able to issue the necessary orders to

the Czech Army, in the 4 hours left to him, before the German Army

crossed the Czech border. He asked if the object of the invasion was to

disarm the Czech Army. If so, he indicated that might possibly be

arranged. Hitler replied that his decision was final; that it was well

known what a decision of the Führer meant. He turned to the circle of

Nazi conspirators surrounding him, for their support, and you will

remember that the Defendants Göring, Ribbentrop, and Keitel were all

present. The only possibility of disarming the Czech Army, Hitler said,

was by the intervention of the German Army.

I read now one paragraph from Page 4 of the English version of the

German minutes of this infamous meeting. It is the next to the last

paragraph on Page 4.

“The Führer states that his decision was irrevocable. It was

well known what a decision of the Führer meant. He did not see

any other possibility for disarmament and asked the other

gentlemen”—that is, including Göring, Ribbentrop, and

Keitel—“whether they shared his opinion, which was answered in

the affirmative. The only possibility to disarm the Czech Army

was by the German Army.”

At this sad point, Hacha and Chvalkowsky retired from the room.

I now offer in evidence Document 2861-PS, an excerpt from the official

_British War Blue Book_, at Page 24, and I offer it as Exhibit USA-119.

This is an official document of the British Government, of which the

Tribunal will take judicial notice under the provisions of Article 21 of

the Charter. The part from which I read is a dispatch from the British

Ambassador, Sir Nevile Henderson, describing a conversation with the

Defendant Göring, in which the events of this early morning meeting are

set forth.

“Sir N. Henderson to Viscount Halifax, Berlin, May 28, 1939.

“My Lord: I paid a short visit to Field Marshal Göring at

Karinhall yesterday.”

Then I skip two paragraphs and begin reading with Paragraph 4. I am

sorry, I think I better read all of those paragraphs:

“Field Marshal Göring, who had obviously just been talking to

someone else on the subject, began by inveighing against the

attitude which was being adopted in England towards everything

German and, particularly, in respect of the gold held there on

behalf of the National Bank of Czechoslovakia. Before, however,

I had time to reply, he was called to the telephone and on his

return did not revert to this specific question. He complained,

instead, of British hostility in general, of our political and

economic encirclement of Germany and the activities of what he

described as the war party in England. . . .

“I told the Field Marshal that before speaking of British

hostility, he must understand why the undoubted change of

feeling towards Germany in England had taken place. As he knew

quite well, the basis of all the discussions between Mr.

Chamberlain and Herr Hitler last year had been to the effect

that, once the Sudeten were allowed to enter the Reich, Germany

would leave the Czechs alone and would do nothing to interfere

with their independence. Herr Hitler had given a definite

assurance to that effect in his letter to the Prime Minister of

the 27th September. By yielding to the advice of his ‘wild men’

and deliberately annexing Bohemia and Moravia, Herr Hitler had

not only broken his word to Mr. Chamberlain but had infringed

the whole principle of self-determination on which the Munich

Agreement rested.

“At this point, the Field Marshal interrupted me with a

description of President Hacha’s visit to Berlin. I told Field

Marshal Göring that it was not possible to talk of free will

when I understood that he himself had threatened to bombard

Prague with his airplanes, if Doctor Hacha refused to sign. The

Field Marshal did not deny the fact but explained how the point

had arisen. According to him, Doctor Hacha had from the first

been prepared to sign everything but had said that

constitutionally he could not do so without reference first to

Prague. After considerable difficulty, telephonic communication

with Prague was obtained and the Czech Government had agreed,

while adding that they could not guarantee that one Czech

battalion at least would not fire on German troops. It was, he

said, only at that stage that he had warned Doctor Hacha that,

if German lives were lost, he would bombard Prague. The Field

Marshal also repeated, in reply to some comment of mine, the

story that the advance occupation of Vitkovice had been effected

solely in order to forestall the Poles who, he said, were known

to have the intention of seizing this valuable area at the first

opportunity.”

I also invite the attention of the Tribunal and the judicial notice of

the Tribunal, to Dispatch Number 77, in the _French Official Yellow

Book_, at Page 96 of the book, identified as our Document 2943-PS,

appearing in the Document Book under that number, and I ask that it be

given an identifying number, Exhibit USA-114. This is a dispatch from M.

Coulondre, the French Ambassador, and it gives another well-informed

version of this same midnight meeting. The account, which I shall

present to the Court, of the remainder of this meeting is drawn from

these two sources, the _British Blue Book_ and the _French Yellow Book_.

I think the Court may be interested to read somewhat further at large,

in those two books, which furnish a great deal of the background of all

of these matters.

When President Hacha left the conference room in the Reich Chancellery,

he was in such a state of exhaustion that he needed medical attention

from a physician who was conveniently on hand for that purpose, a German

physician. When the two Czechs returned to the room, the Nazi

conspirators again told them of the power and invincibility of the

Wehrmacht. They reminded them that in 3 hours, at 6 in the morning . . .

THE PRESIDENT: You are not reading? I beg your pardon!

MR. ALDERMAN: I am not reading, I am summarizing.

THE PRESIDENT: Go on.

MR. ALDERMAN: They reminded them that in 3 hours, at 6 in the morning,

the German Army would cross the border. The Defendant Göring boasted of

what the Wehrmacht would do if the Czech forces dared to resist the

invading Germans. If German lives were lost, Defendant Göring said, his

Luftwaffe would blaze half of Prague into ruins in 2 hours and that,

Göring said, would be only the beginning.

Under this threat of imminent and merciless attack by land and air, the

aged President of Czechoslovakia at 4:30 o’clock in the morning, signed

the document with which the Nazi conspirators confronted him and which

they had already had prepared. This Document is TC-49, the declaration

of 15 March 1939, one of the series of documents which will be presented

by the British prosecutor, and from it I quote this, on the assumption

that it will subsequently be introduced.

“The President of the Czechoslovakian State . . . entrusts with

entire confidence the destiny of the Czech people and the Czech

country to the hands of the Führer of the German Reich”—really

a rendezvous with destiny.

While the Nazi officials were threatening and intimidating the

representatives of the Czech Government, the Wehrmacht had in some areas

already crossed the Czech border.

I offer in evidence Document 2860-PS, another excerpt from the _British

Blue Book_, of which I ask the Court to take judicial notice. This is a

speech by Lord Halifax, the Secretary of State for Foreign Affairs, from

which I quote one passage:

“It is to be observed”—and the fact is surely not without

significance—“that the towns of Mährisch-Ostrau and Vitkovice

were actually occupied by German SS detachments on the evening

of the 14th March, while the President and the Foreign Minister

of Czechoslovakia were still on their way to Berlin and before

any discussion had taken place.”

At dawn on March 15, German troops poured into Czechoslovakia from all

sides. Hitler issued an order of the day to the Armed Forces and a

proclamation to the German people, which stated distinctly,

“Czechoslovakia has ceased to exist.”

On the following day, in contravention of Article 81 of the Treaty of

Versailles, Czechoslovakia was formally incorporated into the German

Reich under the name of “The Protectorate of Bohemia and Moravia.” The

decree is Document TC-51, another of the documents which the British

Delegation will present to the Tribunal later in this week. It was

signed in Prague on 16 March 1939, by Hitler, Lammers, and the

Defendants Frick and Von Ribbentrop.

I should like to quote the first sentence of this decree, “The Bohemian

and Moravian countries belonged for a millennium to the

Lebensraum”—living space—“of the German people.” The remainder of the

decree sets forth in bleak detail the extent to which Czechoslovakia

henceforth was subjected to Germany. A German Protector was to be

appointed by the German Führer for the so-called “Protectorate”—the

Defendant Von Neurath. God deliver us from such protectors! The German

Government assumed charge of their foreign affairs and of their customs

and of their excises. It was specified that German garrisons and

military establishments would be maintained in the Protectorate. At the

same time the extremist leaders in Slovakia who, at German Nazi

insistence, had done so much to undermine the Czech State, found that

the independence of their week-old state was itself, in effect,

qualified.

I offer in evidence Document 1439-PS as Exhibit USA—I need not offer

that. I think it is a decree in the _Reichsgesetzblatt_, of which I ask

the Tribunal to take judicial notice, and it is identified as our

Document 1439-PS. It appears at Page 606, 1939, _Reichsgesetzblatt_,

Part II.

The covering declaration is signed by the Defendant Ribbentrop, Minister

of Foreign Affairs, and then there is a heading:

“Treaty of Protection to be extended by the German Reich to the

State of Slovakia.”

“The German Government and the Slovakian Government have agreed,

after the Slovakian State has placed itself under the protection

of the German Reich, to regulate by treaty the consequences

resulting from this fact. For this purpose, the undersigned

representatives of the two governments have agreed on the

following provisions:

“Article 1. The German Reich undertakes to protect the political

independence of the State of Slovakia and integrity of its

territory.

“Article 2. For the purpose of making effective the protection

undertaken by the German Reich, the German Armed Forces shall

have the right, at all times, to construct military

installations and to keep them garrisoned in the strength they

deem necessary, in an area delimited on its western side, by the

frontiers of the State of Slovakia, and on its eastern side by a

line formed by the eastern rims of the Lower Carpathians, the

White Carpathians, and the Javornik Mountains.”—Then I skip—

“The Government of Slovakia will organize its military forces in

close agreement with the German Armed Forces.”

THE PRESIDENT: Wouldn’t that be a convenient time to break off? I

understand, too, that it would be for the convenience of the Defense

Counsel if the Tribunal adjourn for an hour and a quarter rather than

for an hour at midday, and accordingly, the Tribunal will retire at

12:45 and sit again at 2:00.

[_A recess was taken._]

MR. ALDERMAN: May it please the Tribunal, this secret protocol between

Germany and Slovakia provided for close economic and financial

collaboration between Germany and Slovakia. Mineral resources and

subsoil rights were placed at the disposal of the German Government.

I offer in evidence Document 2793-PS, Exhibit USA-120, and from it I

read Paragraph 3:

“Investigation, development, and utilization of the Slovak

natural resources. In this respect the basic principle is that,

insofar as they are not needed to meet Slovakia’s own

requirements, they should be placed in first line at Germany’s

disposal. The entire soil research”—“Bodenforschung” is the

German word—“will be placed under the Reich Agency for soil

research.”—that is the Reichsstelle für Bodenforschung—“The

Government of the Slovak State will soon start an investigation

to determine whether the present owners of concessions and

privileges have fulfilled the industrial obligations prescribed

by law and it will cancel concessions and privileges in cases

where these duties have been neglected.”

In their private conversations the Nazi conspirators gave abundant

evidence that they considered Slovakia a mere puppet state—in effect a

German possession.

I offer in evidence Document R-100 as Exhibit USA-121. This document is

a memorandum of information given by Hitler to Von Brauchitsch on 25

March 1939. Much of it deals with problems arising from recently

occupied Bohemia and Moravia and Slovakia. I quote, beginning at the

sixth paragraph:

“Colonel General Keitel shall inform Slovak Government via

Foreign Office that it would not be allowed to keep or garrison

armed Slovak units (Hlinka Guards) on this side of the border

formed by the river Waag. They shall be transferred to the new

Slovak territory. Hlinka Guards should be disarmed.

“Slovakia shall be requested via Foreign Office to deliver to

us, against payment, any arms we want and which are still kept

in Slovakia. This request is to be based upon agreement made

between Army and Czech troops. For this payment those millions

should be used which we will pour anyhow into Slovakia.

“Czech Protectorate:

“H. Gr.”—the translator’s note indicates that that probably

means army groups, but I can’t vouch for it—“shall be asked

again whether the request shall be repeated again for the

delivery of all arms within a stated time limit and under the

threat of severe penalties.

“We take all war material of former Czechoslovakia without

paying for it. The guns bought by contract before 15 February,

though, shall be paid for . . . . Bohemia and Moravia have to

make annual contributions to the German Treasury. Their amount

shall be fixed on the basis of the expenses earmarked formerly

for the Czech Army.”

The German conquest of Czechoslovakia, in direct contravention of the

Munich Agreement, was the occasion for the formal protest by the British

and French Governments. These documents, Numbers TC-52 and TC-53, dated

17 March 1939, will be presented to the Tribunal by the British

prosecutor.

On the same day, 17 March 1939, the Acting Secretary of State of the

United States Government issued a statement, which I will offer in

evidence and I invite the Court to take judicial notice of the entire

volume, Document 2862-PS as Exhibit USA-122, which is an excerpt from

the official volume entitled _Peace and War: United States Foreign

Policy, 1931-1941_ issued under the seal of the Department of State of

the United States of America. Incidentally, this volume which happens to

be my own copy—and I hope I can get another one—I am placing in

evidence, because I am quite certain that in its study of the background

of this whole case, the Court will be very much interested in this

volume, which is a detailed chronological history of all the diplomatic

events leading up to and through the second World War of 1941. But what

I am actually offering in evidence at the moment appears on Pages 454

and 455 of the volume, a statement by the Acting Secretary of State

Welles, dated 17 March 1939:

“The Government of the United States has on frequent occasions

stated its conviction that only through international support of

a program of order based upon law can world peace be assured.

“This Government, founded upon and dedicated to the principles

of human liberty and of democracy, cannot refrain from making

known this country’s condemnation of the acts which have

resulted in the temporary extinguishment of the liberties of a

free and independent people with whom, from the day when the

Republic of Czechoslovakia attained its independence, the people

of the United States have maintained specially close and

friendly relations.

“The position of the Government of the United States has been

made consistently clear. It has emphasized the need for respect

for the sanctity of treaties and of the pledged word, and for

non-intervention by any nation in the domestic affairs of other

nations; and it has on repeated occasions expressed its

condemnation of a policy of military aggression.

“It is manifest that acts of wanton lawlessness and of arbitrary

force are threatening the world peace and the very structure of

modern civilization. The imperative need for the observance of

the principles advocated by this Government has been clearly

demonstrated by the developments which have taken place during

the past 3 days.”

With Czechoslovakia in German hands, the Nazi conspirators had

accomplished the program they had set themselves in the meeting in

Berlin on 5 November 1937. You will recall that this program of conquest

was intended to shorten their frontiers, to increase their industrial

and food reserves, and to place them in a position, both industrially

and strategically, from which they could launch more ambitious and more

devastating campaigns of aggression. In less than a year and a half this

program had been carried through to the satisfaction of the Nazi

leaders, and at that point I would again invite the Court’s attention to

the large chart on the wall. I think it is no mere figure of speech to

make reference to the wolf’s head, what is known in Anglo-American law

as _caput lupinum_.

The lower jaw formed near Austria was taken—the red part on the first

chart—12 March 1938. Czechoslovakia thereby was encircled, and the next

step was the absorption of the mountainous part, the Sudetenland,

indicated on the second chart in red. On 1 October 1938 Czechoslovakia

was further encircled and its defenses weakened, and then the jaws

clamped in, or the pincers, as I believe General Keitel or General Jodl

called them—I believe it was General Jodl’s diary—and you see what

they did to Czechoslovakia. On 15 March 1939 the borders were shortened,

new bases were acquired, and then Czechoslovakia was destroyed. Bohemia

and Moravia are in black and Slovakia in what might be called light tan.

But I have read to you the documents which showed in what condition

Slovakia was left; and with the German military installations in

Slovakia, you see how completely the southern border of Poland was

flanked, as well as the western border, the stage being set for the next

aggression, which the British prosecutor will describe to you.

Of all the Nazi conspirators the Defendant Göring was the most aware of

the economic and strategic advantages which would accrue from the

possession by Germany of Czechoslovakia.

I now offer in evidence Document 1301-PS, which is a rather large file,

and we offer particularly Item 10 of the document, at Page 25 of the

English translation. I offer it as Exhibit USA-123; Page 25 of the

English translation contained the top-secret minutes of a conference

with Göring in the Luftwaffe Ministry (the Air Ministry). The meeting

which was held on 14 October 1938, just 2 weeks after the occupation of

the Sudetenland, was devoted to the discussion of economic problems. As

of that date, the Defendant Göring’s remarks were somewhat prophetic. I

quote from the third paragraph, from the bottom of Page 26 of the

English translation:

“The Sudetenland has to be exploited by every means. General

Field Marshal Göring counts upon a complete industrial

assimilation of Slovakia. Czech and Slovakia would become German

dominions. Everything possible must be taken out. The

Oder-Danube Canal has to be speeded up. Searches for oil and ore

have to be conducted in Slovakia, notably by State Secretary

Keppler.”

In the summer of 1939, after the incorporation of Bohemia and Moravia

into the German Reich, Defendant Göring again revealed the great

interest of the Nazi leaders in the Czech economic potential.

I offer in evidence Document R-133 as Exhibit USA-124. This document is

the minutes, dated Berlin, 27 July 1939, signed by Müller, of a

conference between Göring and a group of officials from the OKW and from

other agencies of the German Government concerned with war production.

This meeting had been held 2 days previously, on 25 July. I read the

first part of the account of this meeting.

“In a rather long statement the Field Marshal explained that the

incorporation of Bohemia and Moravia into the German economy had

taken place, among other reasons, to increase the German war

potential, by exploitation of the industry there. Directives,

such as the decree of the Reich Minister for Economics (S 10

402/39 of 10 July 1939) as well as a letter with similar meaning

to the Junkers firm, which might possibly lower the kind and

extent of the armament measures in the Protectorate are contrary

to this principle. If it is necessary to issue such directives,

this should be done only with his consent. In any case, he

insists,”—that is Defendant Göring insists—“in agreement with

the directive by Hitler, that the war potential of the

Protectorate is definitely to be exploited in part or in full

and is to be directed towards mobilization as soon as possible.”

In addition to strengthening the Nazi economic potential for the

following wars of aggression, the conquest of Czechoslovakia provided

the Nazis with new bases from which to wage their next war of

aggression, the attack on Poland.

You will recall the minutes of the conference between Göring and a

pro-Nazi Slovak delegation in the winter of 1938-1939. Those minutes are

Document 2801-PS, which I introduced into evidence earlier, as Exhibit

USA-109. You will recall the last sentence of those minutes, a statement

of Defendant Göring’s conclusions. I quote this sentence again, “Air

bases in Slovakia are of great importance for the German Air Force for

use against the East.”

I now offer in evidence Document 1874-PS, as Exhibit USA-125. This

document is the German minutes of a conference which Defendant Göring

held with Mussolini and Ciano on 15 April 1939, one month after the

conquest of Czechoslovakia.

In this conference, Göring told his junior partners in the Axis of the

progress of German preparations for war. He compared the strength of

Germany with the strength of England and France. Not unnaturally, he

mentioned the German occupation of Czechoslovakia in this connection. I

read two paragraphs of these thoughts, on Page 4, Paragraph 2, of the

German minutes.

“However, the heavy armament of Czechoslovakia shows, in any

case, how dangerous this could have been, even after Munich, in

the event of a serious conflict. Because of German action, the

situation of both Axis countries was ameliorated—among other

reasons—because of the economic possibilities which resulted

from the transfer to Germany of the great production capacity of

Czechoslovakia. That contributes toward a considerable

strengthening of the Axis against the Western Powers.

“Furthermore, Germany now need not keep ready a single division

for protection against that country in case of bigger conflict.

This, too, is an advantage by which both Axis countries will, in

the last analysis, benefit.”

Then on Page 5, Paragraph 2, of the German version:

“The action taken by Germany in Czechoslovakia is to be viewed

as an advantage for the Axis in case Poland should finally join

the enemies of the Axis powers. Germany could then attack this

country from two flanks and would be within only 25 minutes

flying distance from the new Polish industrial center, which had

been moved further into the interior of the country, nearer to

the other Polish industrial districts because of its proximity

to the border. Now, by the turn of events, it is located again

in the proximity of the border.”

And that flanking on two fronts is illustrated on the four-segment

chart.

I think the chart itself demonstrates, better than any oral argument,

the logic and cold calculation, the deliberation of each step to this

point of the German aggression. More than that, it demonstrates what I

might call the master fight of the aggressive war case, that is, that

each conquest of the Nazi conspirators was deliberately planned, as a

stepping stone to new and more ambitious aggression.

You will recall the words of Hitler, at the conference in the Reich

Chancellery on 23 May 1939, when he was planning the Polish campaign,

Document L-79, Exhibit Number USA-27. I quote from it:

“The period which lies behind us has, indeed, been put to good

use. All measures have been taken in the correct sequence and in

harmony with our aims.”

It is appropriate to refer to two other speeches of the Nazi leaders. In

his lecture in Munich on 7 November 1943, the Defendant Jodl spoke as

follows, and I quote from Page 5 of Document L-172, already received in

evidence as Exhibit USA-34—on Page 8 of the German text:

“The bloodless solution of the Czech conflict in the autumn of

1938 and spring of 1939 and the annexation of Slovakia rounded

off the territory of Greater Germany in such a way that it now

became possible to consider the Polish problem on the basis of

more or less favorable strategic premises.”

In the speech to his military commanders on 23 November 1939, Hitler

described the process by which he had rebuilt the military power of the

Reich. This is our Document 789-PS, Exhibit USA-23. I quote one passage

from the second paragraph:

“The next step was Bohemia, Moravia, and Poland. This step also

was not possible to accomplish in one campaign. First of all,

the Western fortifications had to be finished. It was not

possible to reach the goal in one effort. It was clear to me

from the first moment, that I could not be satisfied with the

Sudeten German territory. That was only a partial solution. The

decision to march into Bohemia was made. Then followed the

erection of the Protectorate and with that the basis for the

action against Poland was laid. . . .”

Before I leave the subject of the aggression against Czechoslovakia, I

should like to submit to the Court a document which became available to

us too late to be included in our document book. It reached me Saturday,

late in the afternoon or late at night. This is an official document,

again from the Czechoslovakian Government, a supplement to the

Czechoslovakian report, which I had previously offered in evidence. I

now offer it, identified as Document 3061-PS, as Exhibit USA-126.

The document was furnished us, if the Court please, in the German text

with an English translation, which didn’t seem to us quite adequate and

we have had it re-translated into English and the translation has just

been passed up, I believe, to the Tribunal. That mimeographed

translation should be appended to our Document Book O.

I shall not read the report; it is about 12 pages long. The Court will

take judicial notice of it, under the provisions of the Charter. I

merely summarize. This document gives confirmation and corroboration to

the other evidence which I presented to the Tribunal. In particular, it

offers support to the following allegations:

First, the close working relationship between Henlein and the SDP, on

the one hand, and Hitler and Defendants Hess and Ribbentrop, on the

other;

Second, the use of the German Legation in Prague to direct the German

Fifth Column activities;

Third, the financing of the Henlein movement by agencies of the German

Government, including the German diplomatic representatives at Prague;

Fourth, the use of the Henlein movement to conduct espionage on direct

orders from the Reich.

In addition, this document gives further details of the circumstances of

the visit of President Hacha to Berlin on the night of 14 March. It

substantiates the fact that President Hacha required the medical

attention of Hitler’s physician and it supports the threat which the

Defendant Göring made to the Czech Delegation.

Now, if it please the Tribunal, that concludes my presentation of what,

to me, has always seemed one of the saddest chapters in human history,

the rape and destruction of the frail little nation of Czechoslovakia.

SIR DAVID MAXWELL-FYFE (Deputy Chief Prosecutor for the United Kingdom):

May it please the Tribunal, before I tender the evidence which I desire

to place before the Tribunal, it might be convenient if I explained how

the British case is to be divided up and who will present the different

parts.

I shall deal with the general treaties. After that, my learned friend,

Colonel Griffith-Jones, will deal with Poland. Thirdly, Major Elwyn

Jones will deal with Norway and Denmark. Fourthly, Mr. Roberts will deal

with Belgium, Holland, and Luxembourg. Fifthly, Colonel Phillimore will

deal with Greece and Yugoslavia. After that, my friend, Mr. Alderman, of

the American Delegation, will deal on behalf of both delegations with

the aggression against the U.S.S.R. and the U.S.A.

May I also, with the Tribunal’s permission, say one word about the

arrangements that we have made as to documents. Each of the defendants’

counsel will have a copy of the document book—of the different document

books—in English. In fact, 30 copies of the first four of our document

books have already been placed in the defendants’ Information Center. We

hope that the last document book, dealing with Greece and Yugoslavia,

will have the 30 copies placed there today.

In addition, the defendants’ counsel have at least six copies in German

of every document.

With regard to my own part of the case, the first section on general

treaties, all the documents on this phase are in the _Reichsgesetzblatt_

or _Die Dokumente der Deutschen Politik_, of which 10 copies have been

made available to the defendants’ counsel, so that with regard to the

portion with which the Tribunal is immediately concerned, the

defendants’ counsel will have at least 16 copies in German of every

document referred to.

Finally, there is a copy of the _Reichsgesetzblatt_ and _Die Dokumente_

available for the Tribunal, other copies if they so desire, but one is

placed ready for the Tribunal if any member wishes to refer to a German

text.

THE PRESIDENT: Do you propose to call any oral witnesses?

SIR DAVID MAXWELL-FYFE: No, My Lord, no oral witnesses.

If the Tribunal please, before I come to the first treaty I want to make

three quotations to deal with a point which was mentioned in the speech

of my learned friend, the Attorney General, yesterday.

It might be thought from the melancholy story of broken treaties and

violated assurances, which the Tribunal has already heard, that Hitler

and the Nazi Government did not even profess it necessary or desirable

to keep the pledged word. Outwardly, however, the professions were very

different. With regard to treaties, on the 18th of October 1933, Hitler

said, “Whatever we have signed we will fulfill to the best of our

ability.”

The Tribunal will note the reservation, “Whatever we have signed.”

But on the 21st of May 1935 Hitler said, “The German Government will

scrupulously maintain every treaty voluntarily signed, even though it

was concluded before their accession to power and office.”

On assurances Hitler was even more emphatic. In the same speech, the

Reichstag Speech on May 21, 1935, Hitler accepted assurances as being of

equal obligation, and the world at that time could not know that that

meant of no obligation at all. What he actually said was:

“And when I now hear from the lips of a British statesman that

such assurances are nothing and that the only proof of sincerity

is the signature appended to collective pacts, I must ask Mr.

Eden to be good enough to remember that it is a question of an

assurance in any case. It is sometimes much easier to sign

treaties with the mental reservations that one will reconsider

one’s attitude at the decisive hour than to declare before an

entire nation and with full opportunity one’s adherence to a

policy which serves the course of peace because it rejects

anything which leads to war.”

And then he proceeds with the illustration of his assurance to France.

Never having seen the importance which Hitler wished the world to

believe he attached to treaties, I shall ask the Tribunal in my part of

the case to look at 15 only of the treaties which he and the Nazis

broke. The remainder of the 69 broken treaties shown on the chart and

occurring between 1933 and 1941 will be dealt with by my learned

friends.

There is one final point as to the position of a treaty in German law,

as I understand it. The appearance of a treaty in the

_Reichsgesetzblatt_ makes it part of the statute law of Germany, and

that is by no means an uninteresting aspect of the breaches which I

shall put before the Tribunal.

The first treaty to be dealt with is the Convention for the Pacific

Settlement of International Disputes, signed at The Hague on the 29th of

July 1899. I ask that the Tribunal take judicial notice of the

Convention, and for convenience I hand in as Exhibit GB-1 the British

Document TC-1. The German reference is to the _Reichsgesetzblatt_ for

1901, Number 44, Sections 401 to 404, and 482 and 483. The Tribunal will

find the relevant charge in Appendix C as Charge 1.

As the Attorney General said yesterday, these Hague Conventions are only

the first gropings towards the rejection of the inevitability of war.

They do not render the making of aggressive war a crime, but their

milder terms were as readily broken as the more severe agreements.

On 19 July 1899, Germany, Greece, Serbia, and 25 other nations signed a

convention. Germany ratified the convention on 4 September 1900, Serbia

on 11 May 1901, and Greece on 4 April 1901.

By Article 12 of the treaty between the Principal Allied and Associated

Powers and the Serb-Croat-Slovene State, signed at the St.

Germaine-en-Laye on 10 September 1919, the new Kingdom succeeded to all

the old Serbian treaties, and later, as the Tribunal knows, changed its

name to Yugoslavia.

I think it is sufficient, unless the Tribunal wish otherwise, for me to

read the first two articles only:

“Article 1: With a view to obviating as far as possible recourse

to force in the relations between states, the signatory powers

agree to use their best efforts to insure the pacific settlement

of international differences.

“Article 2: In case of serious disagreement or conflict, before

an appeal to arms the signatory powers agree to have recourse,

as far as circumstances allow, to the good offices or mediation

of one or more friendly powers.”

After that the Convention deals with machinery, and I don’t think,

subject to any wish of the Tribunal, that it is necessary for me to deal

with it in detail.

The second treaty is the Convention for the Pacific Settlement of

International Disputes, signed at The Hague on the 18th of October 1907.

Again I ask the Tribunal to take judicial notice of this, and for

convenience I hand in as Exhibit GB-2 the Final Act of the Conference at

The Hague, which contains British Documents TC-2, 3, and 4. The

reference to this Convention in German is to the _Reichsgesetzblatt_ for

1910, Number 52, Sections 22 to 25; and the relevant charge is Charge 2.

This Convention, was signed at The Hague by 44 nations, and it is in

effect as to 31 nations, 28 signatories, and 3 adherents. For our

purposes it is in force as to the United States, Belgium,

Czechoslovakia, Denmark, France, Germany, Luxembourg, Japan,

Netherlands, Norway, Poland, and Russia.

By the provisions of Article 91 it replaces the 1899 Convention as

between the contracting powers. As Greece and Yugoslavia are parties to

the 1899 Convention and not to the 1907, the 1899 Convention is in

effect with regard to them, and that explains the division of countries

in Appendix C.

Again I only desire that the Tribunal should look at the first two

articles:

“1. With a view to obviating as far as possible recourse to

force in the relations between states, the contracting powers

agree to use their best efforts to insure the pacific settlement

of international differences.”

Then I don’t think I need trouble to read 2. It is the same article as

to mediation, and again, there are a number of machinery provisions.

The third treaty is the Hague Convention relative to the opening of

hostilities, signed at the same time. It is contained in the exhibit

which I put in. Again I ask that judicial notice be taken of it. The

British Document is TC-3. The German reference is the

_Reichsgesetzblatt_ for 1910, Number 2, Sections 82 to 102, and the

reference in Appendix C to Charge 3.

This Convention applies to Germany, Poland, Norway, Denmark, Belgium,

the Netherlands, Luxembourg, and Russia. It relates to a procedural step

in notifying one’s prospective opponent before opening hostilities

against him. It appears to have had its immediate origin in the

Russo-Japanese war, 1904, when Japan attacked Russia without any

previous warning. It will be noted that it does not fix any particular

lapse of time between the giving of notice and the commencement of

hostilities, but it does seek to maintain an absolutely minimum standard

of international decency before the outbreak of war.

Again, if I might refer the Tribunal to the first article:

“The contracting powers recognize that hostilities between them

must not commence without a previous and explicit warning in the

form of either a declaration of war, giving reasons, or an

ultimatum with a conditional declaration of war.”

Then there are a number again of machinery provisions, with which I

shall not trouble the Tribunal.

The fourth treaty is the Hague Convention 5, respecting the rights and

duties of neutral powers and persons in case of war on land, signed at

the same time. That is British Document TC-4, and the German reference

is _Reichsgesetzblatt_ 1910, Number 2, Sections 168 and 176. Reference

in Appendix C is to Charge 4.

THE PRESIDENT: Is it necessary to give the German reference? If it is

necessary for defendants’ counsel, all right, but if not it need not be

done.

SIR DAVID MAXWELL-FYFE: If I may omit them it will save some time.

THE PRESIDENT: Yes.

SIR DAVID MAXWELL-FYFE: If any of the defendants’ counsel want any

specific reference perhaps they will be good enough to ask me.

THE PRESIDENT: Yes.

SIR DAVID MAXWELL-FYFE: Germany was an original signatory to the

Convention, and the Treaty is in force as a result of ratification or

adherence between Germany and Norway, Denmark, Belgium, Luxembourg, the

Netherlands, the U.S.S.R., and the United States.

I call the attention of the Tribunal to the short contents of Article 1,

“The territory of neutral powers is inviolable.”

A point does arise, however, on this Convention. I want to make this

clear at once. Under Article 20, the provisions of the present

Convention do not apply except between the contracting powers, and then

only if all the belligerents are parties to the Convention.

As Great Britain and France entered the war within 2 days of the

outbreak of the war between Germany and Poland, and one of these powers

had not ratified the Convention, it is arguable that its provisions did

not apply to the second World War.

I do not want the time of the Tribunal to be occupied by an argument on

that point when there are so many more important treaties to be

considered. Therefore, I do not press that as a charge of a breach of

treaty. I merely call the attention of the Tribunal to the terms of

Article 1 as showing the state of international opinion at that time and

as an element in the aggressive character of the war which we are

considering.

THE PRESIDENT: Perhaps this would be a good time to break off.

[_A recess was taken until 1400 hours._]

_Afternoon Session_

SIR DAVID MAXWELL-FYFE: As the Tribunal adjourned I had come to the

fifth treaty, the Treaty of Peace between the Allied and Associated

Powers and Germany, signed at Versailles the 28th of June 1919. I again

ask the Tribunal to take judicial cognizance of this treaty, and I again

hand in for convenience Exhibit GB-3, which is a copy of the treaty,

including the British documents TC-5 to TC-10 inclusive. The reference

in Appendix C is to Charge 5.

Before I deal with the relevant portions, may I explain very briefly the

layout of the treaty.

Part I contains the Covenant of the League of Nations, and Part II sets

the boundaries of Germany in Europe. These boundaries are described in

detail but Part II makes no provision for guaranteeing these boundaries.

Part III, Articles 31 to 117, with which the Tribunal is concerned,

contains the political clauses for Europe. In it, Germany guarantees

certain territorial boundaries in Belgium, Luxembourg, Austria,

Czechoslovakia, France, Poland, Memel, Danzig, and so forth.

It might be convenient for the Tribunal to note, at the moment, the

interweaving of this treaty with the next, which is the Treaty for the

Restoration of Friendly Relations between the United States and Germany.

Parts I, II, and III of the Versailles Treaty are not included in the

United States treaty. Parts IV, V, VI, VIII, IX, X, XI, XII, XIV, and XV

are all repeated verbatim in the United States treaty from the Treaty of

Versailles.

The Tribunal is concerned with Part V—the military, naval, and air

clauses. Parts VII and XIII are not included in the United States

treaty.

I don’t think there is any reason to explain what the parts are, but if

the Tribunal wishes to know about any specific part, I shall be very

happy to explain it.

The first part that the Tribunal is concerned with is that contained in

the British Document TC-5, and consists of Articles 42 to 44 dealing

with the Rhineland. These are very short, and as they are repeated in

the Locarno Treaty, perhaps I had better read them once, just so that

the Tribunal will have them in mind.

“Article 42: Germany is forbidden to maintain or construct any

fortifications either on the left bank of the Rhine or on the

right bank to the west of a line drawn 50 kilometers to the east

of the Rhine.

“Article 43: In the area defined above, the maintenance and the

assembly of armed forces, either permanently or temporarily, and

military maneuvers of any kind, as well as the upkeep of all

permanent works for mobilization, are in the same way forbidden.

“Article 44: In case Germany violates in any manner whatever the

provisions of Articles 42 and 43, she shall be regarded as

committing a hostile act against the powers signatory of the

present treaty and as calculated to disturb the peace of the

world.”

I am not going to put in evidence, but I simply draw the Tribunal’s

attention to a document of which they can take judicial notice, as it

has been published by the German State, the memorandum of March 7, 1936,

giving their account of the breach. The matters regarding the breach

have been dealt with by my friend, Mr. Alderman, and I don’t propose to

go over the ground again.

The next part of the treaty is in the British Document TC-6, dealing

with Austria:

“Article 80: Germany acknowledges and will respect strictly the

independence of Austria within the frontiers which may be fixed

in a treaty between that state and the Principal Allied and

Associated Powers; she agrees that this independence shall be

inalienable, except with the consent of the Council of the

League of Nations.”

Again in the same way, the proclamation of Hitler dealing with Austria,

the background of which has been dealt with by my friend, Mr. Alderman,

is attached as TC-47. I do not intend to read it because the Tribunal

can again take judicial notice of the public proclamation.

Next is Document TC-8, dealing with Memel:

“Germany renounces, in favor of the Principal Allied and

Associated Powers, all rights and title over the territories

included between the Baltic, the northeastern frontier of East

Prussia as defined in Article 28 of Part II, (Boundaries of

Germany) of the present treaty, and the former frontier between

Germany and Russia.

“Germany undertakes to accept the settlement made by the

Principal Allied and Associated Powers in regard to these

territories, particularly insofar as concerns the nationality of

inhabitants.”

I don’t think that the Tribunal has had any reference to the formal

document of incorporation of Memel, of which again the Tribunal can take

judicial notice; and I put in, for convenience, a copy as GB-4. It is

British Document TC-53A, and it appears in our book. It is very short,

so perhaps the Tribunal will bear with me while I read it:

“The Transfer Commissioner for the Memel territory, Gauleiter

und Oberpräsident Erich Koch, effected on 3 April during a

conference at Memel, the final incorporation of the Memel

territory into the National Socialist Party Gau of East Prussia

and into the state administration of the East Prussian

Regierungsbezirk of Gumbinnen . . . .”

Then, next we come to TC-9, which is the article relating to Danzig,

Article 100, and I shall read only the first sentence, because the

remainder consists of geographical boundaries;

“Germany renounces, in favor of the Principal Allied and

Associated Powers, all rights and title over the territory

comprised within the following limits . . . .”

—And then the limits are set out and are described in a German map

attached to the treaty.

Lieutenant Colonel Griffith-Jones, who will deal with this part of the

case, will formally prove the documents relating to the occupation of

Danzig, and I shall not trouble the Tribunal with them now.

So if the Tribunal would go on to British Document TC-7—that is Article

81, dealing with the Czechoslovak State:

“Germany, in conformity with the action already taken by the

Allied and Associated Powers, recognizes the complete

independence of the Czechoslovak State, which will include the

autonomous territory of the Ruthenians to the south of the

Carpathians. Germany hereby recognizes the frontiers of this

state as determined by the Principal Allied and Associated

Powers and other interested states.”

Mr. Alderman has dealt with this matter only this morning, and he has

already put in an exhibit giving in detail the conference between Hitler

and President Hacha, and the Foreign Minister Chvalkowsky, at which the

Defendants Göring and Keitel were present. Therefore, I am not going to

put in to the Tribunal the British translation of the captured Foreign

Office minutes, which occurs in TC-48; but I put in formally, as Mr.

Alderman asked me to this morning, as GB-6, the Document TC-49, which is

the agreement signed by Hitler and the Defendant Ribbentrop for Germany

and Dr. Hacha and Dr. Chvalkowsky for Czechoslovakia. It is an agreement

of which the Tribunal will take judicial notice. I am afraid I can’t

quite remember whether Mr. Alderman read it this morning; it is Document

TC-49. He certainly referred to it.

THE PRESIDENT: No, he did not read it.

SIR DAVID MAXWELL-FYFE: Then perhaps I might read it. Text of the:

“Agreement between the Führer and Reich Chancellor Adolf Hitler

and the President of the Czechoslovak State Dr. Hacha . . . .

“The Führer and Reich Chancellor today received in Berlin, at

their own request, the President of the Czechoslovak State, Dr.

Hacha, and the Czechoslovak Foreign Minister, Dr. Chvalkowsky,

in the presence of Herr von Ribbentrop, the Foreign Minister of

the Reich. At this meeting the serious situation which had

arisen within the previous territory of Czechoslovakia, owing to

the events of recent weeks, was subjected to a completely open

examination. The conviction was unanimously expressed on both

sides that the object of all their efforts must be to assure

quiet, order, and peace in this part of Central Europe. The

President of the Czechoslovak State declared that, in order to

serve this end and to reach a final pacification, he confidently

placed the fate of the Czech people and of their country in the

hands of the Führer of the German Reich. The Führer accepted

this declaration and expressed his decision to assure to the

Czech people, under the protection of the German Reich, the

autonomous development of their national life, in accordance

with their special characteristics. In witness whereof this

document is signed in duplicate.”

The signatures I mentioned appear.

The Tribunal will understand that it is not my province to make any

comment; that has been done by Mr. Alderman. And I am not putting

forward any of the documents I read as having my support; they are

merely put forward factually as part of the case.

The next document, which I put in as GB-7, is the British Document

TC-50. That is Hitler’s proclamation to the German people, dated the

15th of March 1939. Again, I don’t think that Mr. Alderman read that

document.

THE PRESIDENT: No, he did not read it.

SIR DAVID MAXWELL-FYFE: Then I shall read it:

“Proclamation of the Führer to the German people, 15 March 1939.

“To the German People:

“Only a few months ago Germany was compelled to protect her

fellow countrymen, living in well-defined settlements, against

the unbearable Czechoslovakian terror regime; and during the

last weeks the same thing has happened on an ever-increasing

scale. This is bound to create an intolerable state of affairs

within an area inhabited by citizens of so many nationalities.

“These national groups, to counteract the renewed attacks

against their freedom and life, have now broken away from the

Prague Government. Czechoslovakia has ceased to exist.

“Since Sunday at many places wild excesses have broken out,

amongst the victims of which are again many Germans. Hourly the

number of oppressed and persecuted people crying for help is

increasing. From areas thickly populated by German-speaking

inhabitants, which last autumn Czechoslovakia was allowed by

German generosity to retain, refugees robbed of their personal

belongings are streaming into the Reich.

“Continuation of such a state of affairs would lead to the

destruction of every vestige of order in an area in which

Germany is vitally interested particularly as for over 1,000

years it formed a part of the German Reich.

“In order definitely to remove this menace to peace and to

create the conditions for a necessary new order in this living

space, I have today resolved to allow German troops to march

into Bohemia and Moravia. They will disarm the terror gangs and

the Czechoslovakian forces supporting them, and protect the

lives of all who are menaced. Thus they will lay the foundations

for introducing a fundamental re-ordering of affairs which will

be in accordance with the 1,000-year-old history and will

satisfy the practical needs of the German and Czech

peoples.”—Signed—“Adolf Hitler, Berlin, 15 March 1939.”

Then there is a footnote, an order of the Führer to the German Armed

Forces of the same date, in which the substance is that they are told to

march in, to safeguard lives and property of all inhabitants, and not to

conduct themselves as enemies, but as an instrument for carrying out the

German Reich Government’s decision.

I put in, as GB-8, the decrees establishing the Protectorate, which is

TC-51.

I think again, as these are public decrees, the Tribunal can take

judicial knowledge of them. Their substance has been fully explained by

Mr. Alderman. With the permission of the Tribunal, I won’t read them in

full now.

Then again, as Mr. Alderman requested, I put in, as GB-9, British

Document TC-52, the British protest. If I might just read that to the

Tribunal—it is from Lord Halifax to Sir Neville Henderson, our

Ambassador in Berlin:

“Foreign Office, March 17, 1939.

“Please inform the German Government that His Majesty’s

Government desire to make it plain to them that they cannot but

regard the events of the past few days as a complete repudiation

of the Munich Agreement and a denial of the spirit in which the

negotiators of that Agreement bound themselves to co-operate for

a peaceful settlement.

“His Majesty’s Government must also take this occasion to

protest against the changes effected in Czechoslovakia by German

military action, which are in their view, devoid of any basis of

legality.”

And again at Mr. Alderman’s request, I put in as GB-10 the Document

TC-53, which is the French protest of the same date, and if I might read

the third paragraph:

“The French Ambassador has the honor to inform the Minister for

Foreign Affairs of the Reich, of the formal protest made by the

Government of the French Republic against the measures which the

communication of Count de Welczeck records.

“The Government of the Republic consider, in fact, that in face

of the action directed by the German Government against

Czechoslovakia, they are confronted with a flagrant violation of

the letter and the spirit of the agreement signed at Munich on

September 29, 1938.

“The circumstances in which the agreement of March 15 has been

imposed on the leaders of the Czechoslovak Republic do not, in

the eyes of the Government of the Republic, legalize the

situation registered in that agreement.

“The French Ambassador has the honor to inform His Excellency,

the Minister for Foreign Affairs of the Reich, that the

Government of the Republic cannot recognize under these

conditions the legality of the new situation created in

Czechoslovakia by the action of the German Reich.”

I now come to Part 5 of the Versailles Treaty, and the relevant matters

are contained in the British Document TC-10. As considerable discussion

is centered around them, I read the introductory words:

“Part V, Military, Naval, and Air Clauses: In order to render

possible the initiation of a general limitation of the armaments

of all nations, Germany undertakes strictly to observe the

military, naval, and air clauses which follow.

“Section 1. Military Clauses. Chapter I. Effectives and Cadres

of the German Army.

“Article 159. The German military forces shall be demobilized

and reduced as prescribed hereinafter.

“Article 160. (1) By a date which must not be later than March

31, 1920, the German Army must not comprise more than seven

divisions of infantry and three divisions of cavalry.

“After that date, the total number of effectives in the Army of

the states constituting Germany must not exceed 100,000 men,

including officers and establishments of depots. The Army shall

be devoted exclusively to the maintenance of order within the

territory and to the control of the frontiers.

“The total effective strength of officers, including the

personnel of staffs, whatever their composition, must not exceed

4,000.

“(2) Divisions and Army Corps headquarters staffs, shall be

organized in accordance with Table Number 1 annexed to this

Section. The number and strength of the units of infantry,

artillery, engineers, technical services and troops laid down in

the aforesaid table constitute maxima which must not be

exceeded.”

Then there is a description of units that can have their own depots and

the grouping of divisions under corps headquarters, and then the next

two provisions are of some importance:

“The maintenance or formation of forces differently grouped or

of other organizations for the command of troops or for

preparation for war is forbidden.

“The great German General Staff and all similar organizations

shall be dissolved and may not be reconstituted in any form.”

I don’t think I need trouble the Tribunal with Article 161, which deals

with administrative services.

Article 163 provides the steps by which the reduction will take place,

and then we come to Chapter 2, dealing with armament, and that provides

that up till the time at which Germany is admitted as a member of the

League of Nations, armaments shall not be greater than the amounts fixed

in Table Number 11.

If the Tribunal will note the second part, Germany agrees that after she

has become a member of the League of Nations, the armaments fixed in the

said table shall remain in force until they are modified by the Council

of the League. Furthermore, she hereby agrees strictly to observe the

decisions of the Council of the League on this subject.

Then, 165 deals with guns and machine guns, and so forth, and 167 deals

with notification of guns, and 168, the first part, says:

“The manufacture of arms, munitions, or any war material shall

only be carried out in factories or works, the location of which

shall be communicated to and approved by the governments of the

Principal Allied and Associated Powers, and the number of which

they retain the right to restrict.”

Article 169 deals with the surrender of material. Number 170 prohibits

importation; 171 prohibits gas, and 172 provides for disclosure. Then

173, under the heading, “Recruiting and Military Training” deals with

one matter, the breach of which is of great importance:

“Universal compulsory military service shall be abolished in

Germany. The German Army may only be constituted and recruited

by means of voluntary enlistment.”

Then the succeeding articles deal with the method of enlistment in order

to prevent a quick rush through the army of men enlisted for a short

time.

I think that all I need do is to draw the attention of the Tribunal to

the completeness and detail with which all these points are covered in

Articles 174 to 179.

Then, passing to TC-10, Article 180. That contains the prohibition of

fortress works beyond a certain limit and in the Rhineland. The first

sentence is:

“All fortified works, fortresses, and field works situated in

German territory to the west of a line drawn 50 kilometers to

the east of the Rhine shall be disarmed and dismantled.”

I shall not trouble the Tribunal with the tables which show the amounts.

Then we come to the naval clauses. If the Tribunal will be good enough

to go on four pages, they will come to Article 181, and I will just read

that to show the way in which the naval limitations are imposed and

refer briefly to the others.

Article 181 says:

“After the expiration of a period of 2 months from the coming

into force of the present treaty the German naval forces in

commission must not exceed:

“Six battleships of the Deutschland or Lothringen type, six

light cruisers, 12 destroyers, 12 torpedo boats, or an equal

number of ships constructed to replace them as provided in

Article 190.

“No submarines are to be included.

“All other warships, except where there is provision to the

contrary in the present treaty, must be placed in reserve or

devoted to commercial purposes.”

Then 182 simply deals with the mine sweeping necessary to clear up the

mines, and 183 limits the personnel to 15,000, including officers and

men of all grades and corps, and 184 deals with surface ships not in

German ports, and the succeeding clauses deal with various details, and

I pass at once to Article 191, which says:

“The construction or acquisition of any submarines, even for

commercial purposes, shall be forbidden in Germany.”

Article 194 makes corresponding obligations of voluntary engagements for

longer service, and 196 and 197 deal with naval fortifications and

wireless stations.

Then, if the Tribunal please, would they pass to Article 198, the first

of the air clauses. The essential and important sentence is the first:

“The Armed Forces of Germany must not include any military or

naval air forces.”

I don’t think that I need trouble the Tribunal with the detailed

provisions which occur in the next four clauses, which are all

consequential.

Then, the next document, which for convenience is put next to that, is

the British Document TC-44. For convenience I put in a copy as GB-11,

but this again is merely ancillary to Mr. Alderman’s argument. It is the

report of the formal statement made at the German Air Ministry about the

restarting of the Air Corps, and I respectfully submit that the Tribunal

can take judicial notice of that.

Similarly, without proving formally the long Document, TC-45, the

Tribunal can again take judicial notice of the public proclamation,

which is a well-known public document in Germany, the proclamation of

compulsory military service. Mr. Alderman has again dealt with this

fully in his address.

I now come to the sixth treaty, which is the treaty between the United

States and Germany restoring friendly relations, and I put in a copy as

Exhibit GB-12. It is Document TC-11, and the Tribunal will find it as

the second last document in the document book. The purpose of this

treaty was to complete official cessation of hostilities between the

United States of America and Germany, and I have already explained to

the Tribunal that it incorporated certain parts of the Treaty of

Versailles. The relevant portion for the consideration of the Tribunal

is Part V, and I have just concluded going through the clauses of the

Treaty of Versailles which are repeated verbatim in this treaty. I

therefore, with the approval of the Tribunal, will not read them again,

but at Page 11 of my copy, they will see the clauses are repeated in

exactly the same way.

Then I pass to the seventh treaty, which is the Treaty of Mutual

Guarantee between Germany, Belgium, France, Great Britain, and Italy,

negotiated at Locarno, October 16, 1925. I ask the Tribunal to take

judicial notice of that, and I put in as Exhibit GB-13, the British

Document TC-12.

I was dealing with the Treaty of Locarno, and it might be convenient if

I just reminded the Tribunal of the treaties that were negotiated at

Locarno, because they do all go together and are to a certain extent

mutually dependent.

At Locarno, Germany negotiated five treaties:

(A) The Treaty of Mutual Guarantee between Germany, Belgium, France,

Great Britain, and Italy; (B) the Arbitration Convention between Germany

and France; (C) the Arbitration Convention between Germany and Belgium;

(D) the Arbitration Treaty between Germany and Poland; and (E) an

Arbitration Treaty between Germany and Czechoslovakia.

Article 10 of the Treaty of Mutual Guarantee provided that it should

come into force as soon as ratifications were deposited at Geneva, in

the archives of the League of Nations, and as soon as Germany became a

member of the League of Nations. The ratifications were deposited on the

14th September 1926 and Germany became a member of the League of Nations

on the 10th of September 1926.

The two arbitration conventions and the two arbitration treaties which I

mentioned provide that they shall enter into force under the same

conditions as the Treaty of Mutual Guarantee. That is Article 21 of the

Arbitration Conventions and Article 22 of the Arbitration Treaties.

The most important of the five agreements is the Treaty of Mutual

Guarantee. One of its purposes was to establish in perpetuity the

borders between Germany and Belgium, and Germany and France. It contains

no provision for denunciation or withdrawal therefrom and provides that

it shall remain in force until the Council of the League of Nations

decides that the League of Nations ensures sufficient protection to the

parties to the treaty—an event which never happened—in which case the

Treaty of Mutual Guarantee shall expire 1 year later.

The general scheme of the Treaty of Mutual Guarantee is that Article 1

provides that the parties guarantee three things:

The border between Germany and France, the border between Germany and

Belgium, and the demilitarization of the Rhineland.

Article 2 provides that Germany and France, and Germany and Belgium,

agree that they will not attack or invade each other with certain

inapplicable exceptions, and Article 3 provides that Germany and France,

and Germany and Belgium, agree to settle all disputes between them by

peaceful means.

The Tribunal will remember, because this point was made by my friend,

Mr. Alderman, that the first important violation of the Treaty of Mutual

Guarantee appears to have been the entry of German troops into the

Rhineland on 7 March 1936. The day after, France and Belgium asked the

League of Nations Council to consider the question of the German

re-occupation of the Rhineland and the purported repudiation of the

treaty, and on the 12th of March, after a protest from the British

Secretary for Foreign Affairs, Belgium, France, Great Britain, and Italy

recognized unanimously that the re-occupation was a violation of this

treaty, and on the 14th of March, the League Council duly and properly

decided that it was not permissible and that the Rhineland clauses of

the pact were not voidable by Germany because of the alleged violation

by France in the Franco-Soviet Mutual Assistance Pact.

That is the background to the treaty with the international

organizations that were then in force, and if I might suggest them to

the Tribunal without adding to the summary which I have given, the

relevant articles are 1, 2, and 3, which I have mentioned, and 4, which

provides for the bringing of violations before the Council of the

League, as was done, and 5 I ask the Tribunal to note, because it deals

with the clauses of the Versailles Treaty which I have already

mentioned. It says:

“The provisions of Article 3 of the present treaty are placed

under the guarantee of the High Contracting Parties as provided

by the following stipulations:

“If one of the powers referred to in Article 3 refuses to submit

a dispute to peaceful settlement or to comply with an arbitral

or judicial decision and commits a violation of Article 2 of the

present treaty or a breach of Articles 42 or 43 of the Treaty of

Versailles, the provisions of Article 4 of the present treaty

shall apply.”

That is the procedure of going to the League or in the case of a

flagrant breach, of taking more stringent action.

I remind the Tribunal of this provision because of the quotations from

Hitler which I mentioned earlier, when he said that the German

Government will scrupulously maintain every treaty voluntarily signed,

even though they were concluded before their accession to power and

office. Whatever may be said of the Treaty of Versailles, whatever may

be argued and has been argued, no one has ever argued for a moment, to

the best of my knowledge, that Herr Stresemann was in any way acting

involuntarily when he signed, along with the other representatives, the

Locarno pact on behalf of Germany. It was signed not only by Herr

Stresemann, but by Herr Hans Luther, so that there you have a treaty

freely entered into, which repeats the Rhineland provisions of

Versailles and binds Germany in that regard. I simply call the attention

of the Tribunal to Article 8, which deals with the remaining in force of

the treaty. I might perhaps read it because as I told the Tribunal all

the other treaties have the same lasting qualities, the same provisions

as to the time they will last, as the Treaty of Mutual Guarantee. It

says:

“Article 8. The present treaty shall be registered at the League

of Nations in accordance with the Covenant of the League. It

shall remain in force until the Council, acting on a request by

one or other of the High Contracting Parties notified to the

other signatory powers 3 months in advance, and voting at least

by a two-thirds majority, decides that the League of Nations

ensures sufficient protection to the High Contracting Parties;

the treaty shall cease to have effect on the expiration of a

period of 1 year from such decision.”

That is, that in signing this treaty, the German representatives clearly

placed the question of repudiation or avoidance of the treaty in hands

other than their own. They were at the time, of course, a member of the

League, and a member of the Council of the League, but they left the

repudiation and avoidance to the decision of the League.

Then the next treaty on my list is the Arbitration Treaty between

Germany and Czechoslovakia, which was one of the Locarno group and to

which I have already referred, but for convenience I have put in Exhibit

GB-14, which is British Document TC-14. As a breach of this treaty, as

charged in Charge 8, of Appendix C, I mentioned the background of the

treaty, and I shall not go into it again but I think the only clauses

that the Tribunal need look at, are Article 1, which is the governing

clause, and says as follows (Document TC-14):

“All disputes of every kind between Germany and Czechoslovakia

with regard to which the parties are in conflict as to their

respective rights, and which it may not be possible to settle

amicably by the normal methods of diplomacy, shall be submitted

for decision either to an arbitral tribunal, or to the Permanent

Court of International Justice as laid down hereafter. It is

agreed that the disputes referred to above include, in

particular, those mentioned in Article 13 of the Covenant of the

League of Nations.

“This provision does not apply to disputes arising out of events

prior to the present treaty and belonging to the past.

“Disputes for the settlement of which a special procedure is

laid down in other conventions in force between the High

Contracting Parties, shall be settled in conformity with the

provisions of these conventions.”

Articles 2 to 21 of the machinery. In Article 22 the second sentence

says it—that’s the present treaty—shall enter into and remain in force

under the same conditions as the said treaty, which is the Treaty of

Mutual Guarantee.

Now that, I think, is all I need mention about that treaty. I think I am

right that my friend, Mr. Alderman, referred to it. It is certainly the

treaty to which President Beneš unsuccessfully appealed during the

crisis in the autumn of 1938. Now the ninth treaty which I should deal

with is not in this document book, and I merely am putting it in

formally, because my friend, Mr. Roberts, will deal with it and read the

appropriate parts—if the Tribunal will be good enough to note it

because it is mentioned in Charge 9 of Appendix C. It is the Arbitration

Convention between Germany and Belgium also done at Locarno, of which I

hand in a copy for convenience as GB-15. In fact, I can tell the

Tribunal all these arbitration conventions are in the same form, and I

am not going to deal with it because it is essentially part of the case

concerned with Belgium, the Low Countries, and Luxembourg, which my

friend, Mr. Roberts, will present. Therefore, I only ask the Tribunal to

accept the formal document for the moment. And the same applies to the

tenth treaty, which is mentioned in Charge 10 of Appendix C. That is the

Arbitration Treaty between Germany and Poland, of which I ask the

Tribunal to take notice, and I hand in as GB-16. That again will be

dealt with by my friend, Colonel Griffith-Jones, when he is dealing with

the Polish case.

I therefore can take the Tribunal straight to a matter which is not a

treaty, but is a solemn declaration, and that is TC-18, which I now put

in as Exhibit GB-17, and ask the Tribunal to take judicial notice of, as

a Declaration of the Assembly of the League of Nations. The importance

is the date which was the 24th of September 1927. The Tribunal may

remember that I asked them to take judicial notice of the fact that

Germany had become a member of the League of Nations on 10 September

1926, a year before.

The importance of this Declaration is not only its effect in

international law, to which my learned friend, the Attorney General,

referred, but the fact that it was unanimously adopted by the Assembly

of the League, of which Germany was a free, and let me say at once, an

active member at the time. I think that all I need read of TC-18 is, if

the Tribunal would be good enough to look at it, the speech which begins

“M. Sokal of Poland (Rapporteur),” and then the translation after the

Rapporteur had dealt with the formalities, that this had gone to the

third committee and been unanimously adopted, and he had been asked to

act as Rapporteur, he says—the second paragraph:

“The committee was of opinion that, at the present juncture, a

solemn resolution passed by the Assembly, declaring that wars of

aggression must never be employed as a means of settling

disputes between states, and that such wars constitute an

international crime, would have a salutary effect on public

opinion, and would help to create an atmosphere favorable to the

League’s future work in the matter of security and disarmament.

“While recognizing that the draft resolution does not constitute

a regular legal instrument, which would be adequate in itself

and represent a concrete contribution towards security, the

Third Committee unanimously agreed as to its great moral and

educative value.”

Then he asked the Assembly to adopt the draft resolution, and I will

read simply the terms of the resolution, which shows what so many

nations, including Germany, put forward at that time:

“The Assembly, recognizing the solidarity which unites the

community of nations, being inspired by a firm desire for the

maintenance of general peace, being convinced that a war of

aggression can never serve as a means of settling international

disputes, and is in consequence an international crime;

considering that a solemn renunciation of all wars of aggression

would tend to create an atmosphere of general confidence

calculated to facilitate the progress of the work undertaken

. . . with a view to disarmament:

“Declares: 1. That all wars of aggression are and shall always

be prohibited: 2. That every pacific means must be employed to

settle disputes of every description, which may arise between

states.

“The Assembly declares that the states, members of the League,

are under an obligation to conform to these principles.”

After a solemn vote taken in the form of roll call the President

announced—which you will see at the end of the extract:

“All the delegations having pronounced in favor of the

declaration submitted by the Third Committee, I declare it

unanimously adopted.”

The last general treaty which I have to place before the Tribunal is the

Kellogg-Briand Pact. The Pact of Paris of 1928, which my learned friend,

the Attorney General, in opening this part of the case read _in extenso_

and commented on fully, I hand in as Exhibit GB-18—the British Document

TC-19, which is a copy of that pact. I did not intend, unless the

Tribunal desired otherwise, that I should read it again, as the Attorney

General yesterday read it in full, but of course I am at the service of

the Tribunal and therefore I leave that document before the Tribunal in

that way.

Now all that remains for me to do is to place before the Tribunal

certain documents which Mr. Alderman mentioned in the course of his

address, and left to me. I am afraid that I haven’t placed them in a

special order, because they don’t really relate to the treaties I have

dealt with, but to Mr. Alderman’s argument. The first of these I hand in

as Exhibit GB-19. It is British Document TC-26, and comes just after

that resolution of the League of Nations to which the Tribunal had just

been giving attention—TC-26. It is the assurance contained in Hitler’s

speech on 21 May 1935, and it is very short, and unless the Tribunal has

it in mind from Mr. Alderman’s speech, I will read it again; I am not

sure of his reading it:

“Germany neither intends nor wishes to interfere in the domestic

affairs of Austria, to annex Austria, or to attach that country

to her. The German people and the German Government have,

however, the very comprehensible desire, arising out of the

simple feeling of solidarity due to a common national descent,

that the right to self-determination should be guaranteed not

only to foreign nations, but to the German people everywhere. I

myself believe that no regime which is not anchored in the

people, supported by the people, and desired by the people, can

exist permanently.”

The next document which is TC-22, and which is on the next page, I now

hand in as Exhibit GB-20. It is the copy of the official proclamation of

the agreement between the German Government and the Government of the

Federal State of Austria on 11 July 1936, and I am almost certain that

Mr. Alderman did read this document, but I refer the Tribunal to

Paragraph 1 of the agreement to remind them of the essential content:

“The German Government recognizes the full sovereignty of the

Federal State of Austria in the sense of the pronouncements of

the German Leader and Chancellor of the 21st of May 1935.”

I now have three documents which Mr. Alderman asked me to hand in with

regard to Czechoslovakia. The first is TC-27, which the Tribunal will

find two documents further on from the one of Austria, to which I have

just been referring. That is the German assurance to Czechoslovakia, and

what I am handing in as GB-21 is the letter from M. Masaryk, Jan

Masaryk’s son, to Lord Halifax, dated the 12th of March 1938. Again I

think that if Mr. Alderman did not read this, he certainly quoted the

statement made by the Defendant Göring, which appears in the third

paragraph. In the first statement the Field Marshal used the expression,

“ich gebe Ihnen mein Ehrenwort,” which I understand means, “I give you

my word of honor,” and if you will look down three paragraphs, after the

Defendant Göring had asked that there would not be a mobilization of the

Czechoslovak Army, the communication continues:

“M. Mastny was in a position to give him definite and binding

assurances on this subject, and today spoke with Baron Von

Neurath—that is the Defendant Von Neurath—who, among other

things assured him on behalf of Herr Hitler that Germany still

considers herself bound by the German-Czechoslovak Arbitration

Convention concluded at Locarno in October 1925.”

So there I remind the Tribunal that in 1925 Herr Stresemann was speaking

on behalf of Germany in an agreement voluntarily concluded. Had there

been the slightest doubt of that, here is the Defendant Von Neurath

giving the assurance on behalf of Hitler that Germany still considers

herself bound by the German-Czechoslovak Arbitration Convention on 12

March 1938, 6 months before Dr. Beneš made a hopeless appeal to it,

before the crisis in the autumn of 1938. Of course the difficult

position of the Czechoslovak Government is set out in the last

paragraph, but M. Masaryk says—and the Tribunal may think with great

force—in his last sentence:

“They cannot however fail to view with great apprehension the

sequel of events in Austria between the date of the bilateral

agreement between Germany and Austria, 11 July 1936, and

yesterday, 11 March 1938.”

I refrain from comment, but I venture to say that is one of the most

pregnant sentences relating to this period.

Now the next document which is on the next page is the British Document

TC-28, which I hand in as Exhibit GB-22. And that is an assurance of the

26th of September 1938, which Hitler gave to Czechoslovakia, and

again—the Tribunal will check my memory—I don’t think that Mr.

Alderman read this but . . .

THE PRESIDENT: No, I don’t think so.

SIR DAVID MAXWELL-FYFE: Then I think if he did not, the Tribunal ought

to have it before them, because it gives very important point as to the

alleged governing principle of getting Germans back to the Reich, which

the Nazi conspirators purported to ask for a considerable time, while it

suited them. It says:

“I have little to explain. I am grateful to Mr. Chamberlain for

all his efforts, and I have assured him that the German people

want nothing but peace; but I have also told him that I cannot

go back beyond the limits of our patience.”

The Tribunal will remember this is between the Godesberg visit and the

Munich Pact:

“I assured him, moreover, and I repeat it here, that when this

problem is solved there will be no more territorial problems for

Germany in Europe. And I further assured him that from the

moment when Czechoslovakia solves its other problems, that is to

say, when the Czechs have come to an agreement with their other

minorities peacefully, and without oppression, I will no longer

be interested in the Czech State, and that, as far as I am

concerned, I will guarantee it. We don’t want any Czechs. But I

must also declare before the German people that in the

Sudeten-German problem my patience is now at an end. I made an

offer to Herr Beneš which was no more than the realization of

what he had already promised. He has now peace or war in his

hands. Either he will accept this offer and at length give the

Germans their freedom, or we shall get this freedom for

ourselves.”

Less than 6 months before the 15th of March Hitler was saying in the

most violent terms that “he didn’t want any Czechs.” The Tribunal has

heard the sequel from my friend, Mr. Alderman, this morning. The last

document which I have been asked to put in, and which I now ask the

Tribunal to take notice of, and hand in, is Exhibit GB-23, which is the

British Document TC-23 and a copy of the Munich Agreement of September

29, 1938. That was signed by Hitler, the late Mr. Neville Chamberlain,

M. Daladier, and Mussolini, and it is largely a procedural agreement by

which the entry of German troops into the Sudeten-Deutsche territory is

regulated. That is shown by the preliminary clause:

“Germany, the United Kingdom, France, and Italy, taking into

consideration the agreement which has been already reached in

principle, for the cession to Germany of the Sudeten-German

territory, have agreed on the following terms and conditions

governing the said cession and the measures consequent thereon,

and by this agreement they each hold themselves responsible for

the steps necessary to secure fulfillment.”

Then I don’t think, unless the Tribunal want me, I need go through the

steps. In Article 4, it said that “The occupation by stages of the

predominantly German territory by German troops will begin on 1

October.” The four territories are marked on a map. And by Article 6,

“The final determination of the frontiers will be carried out by the

international commission.” And it provides also for rights of option and

release from the forces—the Czech forces of Sudeten Germans.

That is what Hitler was asking for in the somewhat rhetorical passage

which I have just read out, and it will be observed that there is an

annex to the agreement which is most significant.

“Annex to the Agreement:

“His Majesty’s Government in the United Kingdom and the French

Government have entered into the above agreement on the basis

that they stand by the offer contained in Paragraph 6 of the

Anglo-French Proposals of the 19th September, relating to an

international guarantee of the new boundaries of the

Czechoslovak State against unprovoked aggression.

“When the question of the Polish and Hungarian minorities in

Czechoslovakia has been settled, Germany and Italy, for their

part, will give a guarantee to Czechoslovakia.”

The Polish and Hungarian minorities, not the question of Slovakia which

the Tribunal heard this morning. That is why Mr. Alderman submitted—and

I respectfully joined him in his submission—that the action of the 15th

of March was a flagrant violation of the letter and spirit of that

agreement.

That, My Lord, is the part of the case which I desired to present.

THE PRESIDENT: We will adjourn now for 10 minutes.

SIR DAVID MAXWELL-FYFE: If your Lordship pleases. Thank you.

[_A recess was taken._]

LIEUTENANT COLONEL J. M. G. GRIFFITH-JONES (Junior Counsel for the

United Kingdom): May it please the Tribunal, Count Two of the Indictment

charges these defendants with participating in the planning, the

preparation, the initiation, and waging of various wars of aggression,

and it charges that those wars are also in breach of international

treaty. It is our purpose now to present to the Tribunal the evidence in

respect of those aggressive wars against Poland and against the United

Kingdom and France.

Under Paragraph (B) of the particulars to Count Two, reference is made

to Count One in the Indictment for the allegations charging that those

wars were wars of aggression, and Count One also sets out the

particulars of the preparations and planning for those wars, and in

particular those allegations will be found in Paragraph (F) 4. But, My

Lord, with the Tribunal’s approval I would propose first to deal with

the allegations of breach of treaties which are mentioned in Paragraph

(C) of the particulars, and of which the details are set out in Appendix

C. My Lord, those sections of Appendix C which relate to the war against

Poland are Section 2, which charges a violation of the Hague Convention

in respect of the pacific settlement of international disputes, on which

Sir David has already addressed the Court, and I do not propose, with

the Court’s approval, to say more than that.

Section 3 of Appendix C and Section 4 charge breaches of the other Hague

Conventions of 1907. Section 5, Sub-section 4, charges a breach of the

Versailles Treaty in respect of the Free City of Danzig, and Section 13,

a breach of the Kellogg-Briand Pact.

All those have already been dealt with by Sir David Maxwell-Fyfe, and it

remains, therefore, only for me to deal with two other sections of

Appendix C: Section 10, which charges a breach of the Arbitration Treaty

between Germany and Poland, signed at Locarno on the 16th of October

1925; and Section 15 of Appendix C which charges a violation of the

Declaration of Non-Aggression which was entered into between Germany and

Poland on the 26th of January 1934.

If the Tribunal would take Part I of the British Document Book Number 2,

I will describe in a moment how the remaining parts are divided. The

document book is divided into six parts. If the Tribunal will look at

Part I for the moment—the document books which have been handed to the

Counsel for the Defense are in exactly the same order, except that they

are bound in one and not in six separate covers, in which the Tribunal’s

documents are bound for convenience.

The German-Polish Arbitration Treaty, the subject matter of Section 10

of Appendix C, is Document TC-15 and appears the one but end document in

the book. It has already been put in under the Number GB-16.

My Lord, I would quote the preamble and Articles 1 and 2 from that

treaty:

“The President of the German Empire and the President of the

Polish Republic:

“Equally resolved to maintain peace between Germany and Poland

by assuring the peaceful settlement of differences which might

arise between the two countries;

“Declaring that respect for the rights established by treaty or

resulting from the law of nations is obligatory for

international tribunals;

“Agreeing to recognize that the rights of a state cannot be

modified save with its consent;

“And considering that sincere observance of the methods of

peaceful settlement of international disputes permits of

resolving, without recourse to force, questions which may become

the cause of division between states;

“Have decided. . . .”

Then, go on to Article 1:

“All disputes of every kind between Germany and Poland with

regard to which the parties are in conflict as to their

respective rights, and which it may not be possible to settle

amicably by the normal methods of diplomacy, shall be submitted

for decision either to an arbitral tribunal or to the Permanent

Court of International Justice, as laid down hereafter.”

I go straight to Article 2:

“Before any resort is made to arbitral procedure before the

Permanent Court of International Justice, the dispute may, by

agreement between the parties, be submitted, with a view to

amicable settlement, to a permanent international commission,

styled the Permanent Conciliation Commission, constituted in

accordance with the present treaty.”

My Lord, thereafter the treaty goes on to lay down the procedure for

arbitration and for conciliation.

THE PRESIDENT: It is in the same terms, is it not, as the arbitration

treaty between Germany and Czechoslovakia, and Germany and Belgium?

LT. COL. GRIFFITH-JONES: Well—yes, it is, My Lord, both signed at

Locarno.

THE PRESIDENT: Yes.

LT. COL. GRIFFITH-JONES: The words of the charge in Section 10, will be

noted particularly in that Germany did, on or about the 1st of September

1939, unlawfully attack and invade Poland without first having attempted

to settle its dispute with Poland by peaceful means.

The only other treaty to which I refer, the German-Polish Declaration of

the 26th of January 1934, will be found as the last document in Part I

of the Tribunal’s document book, which is the subject of Section 10 of

Appendix C:

“The German Government and the Polish Government consider that

the time has come to introduce a new era in the political

relations between Germany and Poland by a direct understanding

between the states. They have therefore decided to establish by

the present declaration a basis for the future shaping of those

relations.

“The two Governments assume that the maintenance and assurance

of a permanent peace between their countries is an essential

condition for general peace in Europe.”

THE PRESIDENT: Do you think it is necessary to read all this? We are

taking judicial notice of it.

LT. COL. GRIFFITH-JONES: I am very much obliged; I am only too anxious

to shorten this, if I can.

In view of what is later alleged by the Nazi Government, I would

particularly draw attention to the last paragraph in that declaration.

“The declaration shall remain in effect for a period of 10 years

counting from the day of exchange of instruments of

ratification. In case it is not denounced by one of the two

governments 6 months before the expiration of that period of

time, it shall continue in effect but can then be denounced by

either Government at any time 6 months in advance.”

My Lord, I pass then from the breach of treaties to present to the Court

the evidence upon the planning and preparation of these wars and in

support of the allegations that they were wars of aggression. For

convenience, as I say, the documents have been divided into separate

parts and if the Tribunal would look at the index, the total index to

their document, which is a separate book, on the front page it will be

seen how these documents have been divided. Part I is the “Treaties”;

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 03 · 第 1 / 10 章