SCHELLENBERG: I believe they were all officers.

SIR DAVID MAXWELL-FYFE: Were officers?

SCHELLENBERG: Yes.

SIR DAVID MAXWELL-FYFE: But you cannot remember what service?

SCHELLENBERG: No, that I cannot tell you.

SIR DAVID MAXWELL-FYFE: I am very grateful to the Tribunal for letting

me ask these questions.

COL. AMEN: That is all for this witness.

THE PRESIDENT: Very well, the witness can go then.

[_The witness left the stand._]

COL. AMEN: I wish to call as the next witness, Alois Höllriegel.

[_The witness, Höllriegel, took the stand._]

THE PRESIDENT: What is your name?

ALOIS HÖLLRIEGEL (Witness): Alois Höllriegel.

THE PRESIDENT: Will you take this oath: “I swear by God—the Almighty

and Omniscient—that I will speak the pure truth—and will withhold and

add nothing.”

[_The witness repeated the oath._]

THE PRESIDENT: You can sit down if you want to.

COL. AMEN: What position did you hold at the end of the war?

HÖLLRIEGEL: At the end of the war I was Unterscharführer at Mauthausen.

COL. AMEN: Were you a member of the Totenkopf SS?

HÖLLRIEGEL: Yes; in the year 1939 I was drafted into the SS.

COL. AMEN: What were your duties at the Mauthausen Concentration Camp?

HÖLLRIEGEL: I was until the winter of 1942 with a guard company, and I

stood guard. From 1942 until the end of the war I was detailed to the

inner service of the concentration camp.

COL. AMEN: And you therefore had occasion to witness the extermination

of inmates of that camp by shooting, gassing, and so forth?

HÖLLRIEGEL: Yes, I saw that.

COL. AMEN: And did you make an affidavit in this case to the effect that

you saw Kaltenbrunner at that camp?

HÖLLRIEGEL: Yes.

COL. AMEN: And that he saw and was familiar with the operation of the

gas chamber there?

HÖLLRIEGEL: Yes.

COL. AMEN: Did you also have occasion to see any other important

personages visiting that concentration camp?

HÖLLRIEGEL: I remember Pohl, Glücks, Kaltenbrunner, Schirach, and the

Gauleiter of Styria, Uiberreither.

COL. AMEN: And did you personally see Schirach at that concentration

camp at Mauthausen?

HÖLLRIEGEL: Yes.

COL. AMEN: Do you remember what he looks like so that you could identify

him?

HÖLLRIEGEL: I think that he has probably changed a little in recent

times, but I would certainly remember him.

COL. AMEN: How long ago was it that you saw him there?

HÖLLRIEGEL: That was in the fall of 1942. Since then I have not seen

him.

COL. AMEN: Will you look around the courtroom and see whether you can

see Schirach in the courtroom?

HÖLLRIEGEL: Yes.

COL. AMEN: Which person is it?

HÖLLRIEGEL: In the second row, the third person from the left.

COL. AMEN: The affidavit to which I referred was Exhibit Number USA-515.

THE PRESIDENT: What is the PS number?

COL. AMEN: 2753-PS.

[_Turning to the witness._] I now show you a copy of Document Number

2641-PS and ask you whether you can recognize the place where those

individuals are standing?

HÖLLRIEGEL: As far as can be seen from the picture, it is a quarry.

Whether it is at Mauthausen or not one cannot determine exactly, because

the view is too small.

COL. AMEN: Would you repeat that answer please?

HÖLLRIEGEL: Certainly. As far as can be seen from this picture, it is

not possible to say definitely if this is the Wiener-Graben quarry which

adjoined Mauthausen. It might easily be another quarry. A larger range

of vision is required. But I think that visits were often made there. I

assume that this is the Wiener-Graben quarry.

COL. AMEN: Very good. Just lay the picture aside for the time being. Did

you have occasion to observe the killing of inmates of the concentration

camp by pushing them off a cliff?

HÖLLRIEGEL: Yes.

COL. AMEN: Will you tell the Tribunal what you saw with respect to that

practice?

HÖLLRIEGEL: I remember, it was in 1941. At that time I was with a guard

company on the tower which closed off the area of the Wiener-Graben

quarry. I was able to observe in the morning about six to eight

prisoners who came with two SS men. One was Hauptscharführer

Spatzenöcker and the other, Unterscharführer Edenhofer; they moved about

and made strange gestures . . .

THE PRESIDENT: Wait, you are going too fast. You should go slower.

HÖLLRIEGEL: I saw that they were approaching the precipice near the

quarry. I saw from my watchtower that these two SS men were beating the

prisoners and I realized immediately that they intended to force them to

throw themselves over the precipice or else to push them over. I noticed

how one of the prisoners was kicked while lying on the ground, and the

gestures showed that he was supposed to throw himself down the

precipice. This the prisoner promptly did under the pressure of the

blows—presumably in despair.

COL. AMEN: How steep was the precipice?

HÖLLRIEGEL: I estimate it to be 30 to 40 meters.

COL. AMEN: Was there a term used amongst you guards for this practice of

having the prisoners fall from the top of the precipice?

HÖLLRIEGEL: Yes, in Mauthausen Camp they were called paratroopers.

COL. AMEN: The witness is available to other counsel.

THE PRESIDENT: Does the Russian Prosecutor or the French Prosecutor or

any defense counsel have any questions?

DR. SAUTER: Witness, I am interested in the following points: You said

just now that in 1939 you were taken into the SS?

HÖLLRIEGEL: That is true; on the 6th of September . . .

DR. SAUTER: One moment; please repeat your answer.

HÖLLRIEGEL: That is right. On the 6th of September 1939 I was taken into

the SS at Ebersberg near Linz.

DR. SAUTER: Had you no connection at all with the Party before then?

HÖLLRIEGEL: Yes. In April 1938 I enlisted in the civilian SS, because I

was out of work during the entire previous period of the Schuschnigg

Government and without any support, and consequently I thought, I would

join the civilian SS; there I would get work in order to marry my wife.

DR. SAUTER: Then, if I understood you correctly, you were drafted into

the SS in 1939, because you had already voluntarily enlisted in the

civilian SS in the spring of 1938?

HÖLLRIEGEL: I cannot say that exactly. Many were drafted into the Armed

Forces, into the Air Force, and into the General SS.

DR. SAUTER: Are you an Austrian?

HÖLLRIEGEL: Yes.

DR. SAUTER: Then at that time you lived in Austria?

HÖLLRIEGEL: Yes, in Graz.

DR. SAUTER: Then I should be interested in a certain point in regard to

the Defendant Von Schirach. You saw the Defendant Von Schirach at

Mauthausen. How often did you see him there?

HÖLLRIEGEL: I can remember quite clearly—once.

DR. SAUTER: Once?

HÖLLRIEGEL: Yes.

DR. SAUTER: Was Von Schirach alone at Mauthausen, or was he together

with other people?

HÖLLRIEGEL: No. Von Schirach was accompanied by other gentlemen. There

was a group of about 10 people, and among them I recognized Von Schirach

and Gauleiter Uiberreither.

DR. SAUTER: There are supposed to have been 20 persons at least and not

10 on that occasion.

HÖLLRIEGEL: I did not know at that time that I might have to use these

figures; I did not count them.

DR. SAUTER: This point is important to me, because the Defendant

Schirach told me it was a visiting inspection, an official inspection

tour of the Concentration Camp Mauthausen, as a result of a meeting of

the economic advisors of all six Gaue of the Ostmark.

HÖLLRIEGEL: Yes, I naturally did not know why he came to the camp, but I

remember that this group came with Von Schirach and

Schutzhaftlagerführer (Protective Custody-Camp Leader) Bachmeyer. At any

rate I could see that it looked like an inspection.

DR. SAUTER: Did you know that this inspection was announced in the camp

several days before and that certain preparations were made in the camp

because of this inspection?

HÖLLRIEGEL: I cannot remember any specific preparations but I do

remember it was in the evening. I can’t tell you the exact time; it was

the time of the evening roll call. The prisoners had assembled for roll

call and all the hands on duty also had to fall in. Then this group came

in.

DR. SAUTER: Did you or your comrades not know on the day before that

this inspection would take place the very next day?

HÖLLRIEGEL: I cannot remember that.

DR. SAUTER: And did it not strike you that certain definite preparations

had been made in this camp?

HÖLLRIEGEL: I cannot remember noticing that any preparations had been

made.

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

DR. GUSTAV STEINBAUER (Counsel for Defendant Seyss-Inquart): Witness,

you described an incident which, judged by the concepts of civilized

people, cannot be termed anything but murder—that is, the hurling of

people over the side of the quarry. Did you report this incident to your

superiors?

HÖLLRIEGEL: These incidents happened frequently and one can take it that

the chances were a thousand to one that the superiors knew about them.

DR. STEINBAUER: In other words, you did not report this. Is it true that

not only the internees but also the guards were forbidden under pain of

death to report incidents of this sort to a third person?

HÖLLRIEGEL: Yes.

DR. STEINBAUER: I have no other question.

COL. AMEN: Would you just look at that picture again?

HÖLLRIEGEL: Yes.

COL. AMEN: Will you look at it carefully and tell me whether that is the

quarry underneath the cliff which you have just described?

HÖLLRIEGEL: Yes. As far as I can tell from this picture, and I assume

with a 100 percent degree of accuracy that it is the quarry

Wiener-Graben; but one would have to see more, more background, to

decide whether it is really this quarry. One sees too little, but I

think quite certainly . . .

COL. AMEN: Do you recognize the individuals whose faces appear in the

picture?

HÖLLRIEGEL: Yes.

COL. AMEN: Will you tell the Tribunal the ones which you do recognize?

HÖLLRIEGEL: I recognize of course Reichsführer SS Himmler first of all,

next to him the commandant of Mauthausen Concentration Camp Ziereis and

way to the right I recognize Kaltenbrunner.

COL. AMEN: That is all, may it please the Tribunal.

THE PRESIDENT: The witness can go and we will adjourn for 10 minutes.

[_A recess was taken._]

COL. STOREY: If the Tribunal please, the next and final subject of the

criminal organizations is the General Staff and High Command, to be

presented by Colonel Taylor.

COLONEL TELFORD TAYLOR (Associate Trial Counsel for the United States):

Your Lordship and members of the Tribunal, the Indictment seeks a

declaration of criminality, under Articles 9 to 11 of the Charter,

against six groups or organizations; and the last one listed in the

Indictment is a group described as the General Staff and High Command of

the German Armed Forces.

At first sight these six groups and organizations seem to differ rather

widely one from another, both in their composition and in their

functions. But all of them are related, and we believe that they are

logically indicted together before the Tribunal because they are the

primary agencies and the chief tools by means of which the Nazi

conspirators sought to achieve their aims. All six of them were either

established by, controlled by, or became allied with the Nazis; and they

were essential to the success of the Nazis. They were at once the

principal and indispensable instruments: The Party, the Government, the

Police, and the Armed Forces. It is my task to present the case in chief

against the General Staff and High Command group.

Now, in one respect this group is to be sharply distinguished from the

other groups and organizations against which we have sought this

declaration. For example, the Leadership Corps of the Nazi Party—of the

NSDAP—is the Leadership Corps of the Party itself, the Party which was

the embodiment of Nazism and which was the instrument primarily through

which Hitlerism rode to full power and tyranny in Germany. The SA and

the SS were branches—to be sure, large branches—of the Nazi Party. The

German Police did, indeed, have certain roots and antecedents which

antedated Hitlerism; but it became 99 per cent a creature of the Nazi

Party and the SS. The Reich Cabinet was in essence merely a committee or

series of committees of Reich Ministers; and when the Nazis came to

power, quite naturally these ministerial positions were filled for the

most part by Nazis. All these groups and organizations, accordingly,

either owe their origin and development to Nazism or automatically

became Nazified when Hitler came to power.

Now, that is not true of the group with which we are now concerned. I

need not remind the Tribunal that German armed might and the German

military tradition antedate Hitlerism by many decades. One need not be a

graybeard to have very vivid personal recollections of the war of 1914

to 1918, of the Kaiser, and of the “scrap of paper.” For these reasons I

want to sketch very briefly, before going into the evidence, the nature

of our case against this group, which is unique in the particulars I

have mentioned.

As a result of the German defeat in 1918 and the Treaty of Versailles,

the size and permissible scope of activities of the German Armed Forces

were severely restricted. That these restrictions did not destroy or

even seriously undermine German militarism, the last few years have made

abundantly apparent. The full flowering of German military strength came

about through collaboration; collaboration between the Nazis on the one

hand and the career leaders of the German Armed Forces—the professional

soldiers, sailors, and airmen.

When Hitler came to power, he did not find a vacuum in the field of

military affairs. He found a small Reichswehr and a body of professional

officers with a morale and outlook nourished by German military history.

The leaders of these professional officers constitute the group named in

the Indictment, the General Staff and High Command of the German Armed

Forces. This part of the case concerns that group of men.

Now, needless to say, it is not the Prosecution’s position that it is a

crime to be a soldier or a sailor or to serve one’s country as a soldier

or sailor in time of war. The profession of arms is an honorable one and

can be honorably practiced. But it is too clear for argument that a man

who commits crimes cannot plead as a defense that he committed them in

uniform.

It is not in the nature of things, and it is not the Prosecution’s

position that every member of this group was a wicked man or that they

were all equally culpable. But we will show that this group not only

collaborated with Hitler and supported the essential Nazi objectives,

but we will show that they furnished the one thing which was essential

and basic to the success of the Nazi program for Germany; and that was

skill and experience in the development and use of armed might.

Why did this group support Hitler and the Nazis? I think Your Honors

will see, as the proof is given, that the answer is very simple. The

answer is that they agreed with the truly basic objectives of Hitlerism

and Nazism and that Hitler gave the generals the opportunity to play a

major part in achieving these objectives. The generals, like Hitler,

wanted to aggrandize Germany at the expense of neighboring countries and

were prepared to do so by force or threat of force. Force, armed might,

was the keystone of the arch, the thing without which nothing else would

have been possible.

As they came to power and when they had attained power, the Nazis had

two alternatives: either to collaborate with and expand the small German

Army, known as the Reichswehr, or to ignore the Reichswehr and build up

a separate army of their own. The generals feared that the Nazis might

do the latter and accordingly were the more inclined to collaborate.

Moreover, the Nazis offered the generals the chance of achieving much

that they wished to achieve by way of expanding German armies and German

frontiers; and so, as we will show, the generals climbed onto the Nazi

bandwagon. They saw it was going in their direction for the present. No

doubt they hoped later to take over the direction themselves. In fact,

as the proof will show, ultimately it was the generals who were taken

for a ride by the Nazis.

Hitler, in short, attracted the generals to him with the glitter of

conquest and then succeeded in submerging them politically; and, as the

war proceeded, they became his tools. But if these military leaders

became the tools of Nazism, it is not to be supposed that they were

unwitting or that they did not participate fully in many of the crimes

which we will bring to the notice of the Tribunal. The willingness—and,

indeed, the eagerness—of the German professional officer corps to

become partners of the Nazis, will be fully developed.

Your Lordship, there will be three principal parts to this presentation.

There will be first a description of the composition and functioning of

the General Staff and High Command group as defined in the Indictment;

next, the evidence in support of the charges of criminality under Counts

One and Two of the Indictment; finally, the evidence in support of the

charges under Counts Three and Four.

The members of the Tribunal should have before them three document books

which have been given the designation “CC.” The first of these books is

a series of sworn statements or affidavits which are available to the

Tribunal in English, Russian, and French and which have been available

to the defendants in German. The second and third books are the usual

type of document books, separated merely for convenience of handling.

The second book contains documents in the C- and L-series, and the third

book, in the PS- and R-series. For the convenience of the Tribunal we

have had handed up a list of these documents in the order in which they

will be referred to.

The Tribunal should also have one other document, and that is a short

mimeographed statement entitled, “Basic Information on the Organization

of the German Armed Forces.” That has also been handed up in English,

Russian, and French and has been made available to the defendants’

Information Center in German.

So I turn first to the description of the group as defined in the

Indictment.

During the first World War there was an organization in the German Armed

Forces known as the Great General Staff. This name, the German General

Staff or Great General Staff, persists in the public mind; but the

Grosse Generalstab no longer exists in fact. There has been no such

single organization, no single German General Staff, since 1918; but

there has, of course, been a group of men responsible for the policy and

the acts of the German Armed Forces, and the fact that these men have no

single collective name does not prevent us from collecting them

together. They cannot escape the consequences of their collective acts

by combining informally instead of formally. The essence of a general

staff or a high command lies, not in the name you give it, but in the

functions it performs; and the men comprised within the group as we have

defined it in the Indictment do constitute a functional group, welded

together by common responsibility, of those officers who had the

principal authority and responsibility under Hitler for the plans and

operations of the German Armed Forces.

Let us examine first the general structure and organization of the

German Armed Forces and then look at the composition of the group as

specified in the Indictment. As I just mentioned, we have prepared a

very short written exposition of the organization of the German Armed

Forces, which we have handed up to the Tribunal. That document contains

a short sketch setting forth the basic history and development of the

Supreme Command of the German Armed Forces since 1933 and the structure

as it emerged after its reorganization in 1938. It also contains a

simple chart which, in a few moments, will be displayed at the front of

the courtroom. It also contains a short glossary of German military

expressions; and it contains a comparative table of ranks in the German

Army and in the SS, showing the equivalent ranks in the American Army

and the equivalent ranks for the German Navy and the British Navy. I may

say that military and naval ranks differ slightly among the principal

nations, but that by and large they follow the same general pattern and

terminology.

When the Nazis came to power in 1933, the German Armed Forces were

controlled by a Reich Defense Minister, who at that time was Field

Marshal Werner von Blomberg. Under Von Blomberg were the Chief of the

Army Staff, who at that time was Von Fritsch, and of the Naval Staff,

the Defendant Raeder. Owing to the limitations imposed on Germany by the

Treaty of Versailles, the German Air Force at that time had no official

existence whatever. The Army and Naval Staffs were renamed “High

Command”—Oberkommando des Heeres and Oberkommando der

Kriegsmarine—from which are derived the initials by which they are

generally known, OKH and OKM.

In May 1935 at the time that military conscription was introduced in

Germany, there was a change in the titles of these offices; but the

structure remained basically the same. Field Marshal Von Blomberg

remained in supreme command of the Armed Forces, with the title of Reich

Minister for War and Commander-in-Chief of the Armed Forces. Von Fritsch

assumed the title Commander-in-Chief of the Army, and Raeder,

Commander-in-Chief of the Navy.

The German Air Force came into official and open existence at about this

same time, but it was not put under Von Blomberg. It was an independent

institution under the personal command of the Defendant Göring who had

the double title of Air Minister and Commander-in-Chief of the Air

Force.

I will now ask that that chart be displayed, please.

This chart, Your Honors, has been certified and sworn to by three

principal German generals and the affidavits with reference to it will

be introduced in a few moments. It shows the organization, the top

organization, of the Armed Forces as it emerged in 1938 after the

reorganization which I will now describe.

In February 1938 Von Blomberg and Von Fritsch were both retired from

their positions and Blomberg’s ministry, the War Ministry, was wound up.

The War Ministry had contained a division or department called the

Wehrmachtsamt, meaning the Armed Forces Department; and the function of

that department had been to co-ordinate the plans and operations of the

Army and Navy. From this Armed Forces Department was formed a new

over-all Armed Forces authority known as the High Command of the German

Armed Forces—that is the box in the center, right under Hitler—known

in German as Oberkommando der Wehrmacht, and usually known by the

initials OKW.

Since the Air Force as well as the Army was subordinated to OKW,

co-ordination of all Armed Forces matters was vested in the OKW, which

was really Hitler’s personal staff for these matters. The Defendant

Keitel was appointed Chief of the OKW. The most important division of

the OKW, shown just to the right, was the Operations Staff, of which the

Defendant Jodl became the chief.

Now, this reorganization and the establishment of OKW was embodied in a

decree issued by Hitler on the 4th of February 1938. This decree

appeared in the _Reichsgesetzblatt_, and I invite the Court’s attention

to it by way of judicial notice (1915-PS). Copies are available; and I

would like to read the decree, which is very short, into the transcript.

I quote:

“Command authority over the entire Armed Forces is from now on

exercised directly by me personally.”

THE PRESIDENT: Where do we find it?

COL. TAYLOR: That is not a document, Your Honor, because it is a decree

from the _Reichsgesetzblatt_ and subject to judicial notice; but copies

are available here if the Tribunal cares to look at it.

I will continue with the second paragraph of this decree:

“The Armed Forces Department in the Reich War Ministry with its

functions becomes the High Command of the Armed Forces and comes

directly under my command as my military staff.

“The head of the Staff of the High Command of the Armed Forces

is the Chief of the former Armed Forces Department, with the

title of Chief of the High Command of the Armed Forces. His

status is equal to that of a Reich Minister.

“The High Command of the Armed Forces also takes over the

affairs of the Reich War Ministry. The Chief of the High Command

of the Armed Forces, as my representative, exercises the

functions hitherto exercised by the Reich War Minister. The High

Command of the Armed Forces is responsible in peacetime for the

unified preparation of the defense of the Reich in all areas

according to my directives.”

Dated at Berlin, 4 February 1938; signed by Hitler, by Lammers, and by

Keitel.

Underneath the OKW come the three supreme commands of the three branches

of the Armed Forces: OKH, OKM, and the Air Force. The Air Force did not

receive the official designation OKL until 1944. The Defendant Raeder

remained after 1938 as Commander-in-Chief of the Navy, but Von Fritsch,

as well as Blomberg, passed out of the picture; Von Fritsch being

replaced by Von Brauchitsch as Commander-in-Chief of the Army. Göring

continued as Commander-in-Chief of the Air Force. In 1941 Von

Brauchitsch was replaced as Commander-in-Chief of the Army—that is the

first box in the left column—by Hitler himself; and in 1943 Raeder was

replaced as Commander-in-Chief of the Navy by the Defendant Dönitz. The

Defendant Göring continued as Commander-in-Chief of the Air Force until

the last month of the war.

OKW, OKH, OKM, and OKL each had its own staff. These four staffs did not

have uniform designations. The three staffs of the Army, Navy, and Air

Force are the three boxes in a horizontal line next to the bottom. The

staff of the OKW is the little box to the right at the top, bearing the

names of Jodl and Warlimont.

In the case of OKH—that is the Army—the staff was known as the

Generalstab or the General Staff. In the case of OKW, it was known as

the Führungsstab or Operations Staff, but in all cases the functions

were those of a general staff in military parlance.

It will be seen, therefore, that in this war there was no single German

General Staff; but, rather, that there were four, one for each branch of

the service and one for the OKW as the over-all inter-service Supreme

Command.

So we come to the bottom line on the chart. Down to the bottom line we

have been concerned with the central staff organization at the center of

affairs. Now we pass to the field. Under OKH, OKM, and OKL come the

various fighting formations of the Army, Air Force, and Navy,

respectively.

In the Army the largest army field formation was known to the Germans,

as indeed it is among the nations generally, as an army group, or in

German “Heeresgruppe.” Those are shown in the box in the lower left hand

corner. An army group or Heeresgruppe controls two or more armies—in

German, “Armeen.” Underneath the armies come the lower field formations,

such as corps, divisions, and regiments, which are not shown on the

chart.

In the case of the German Air Force, the largest formation was known as

an air fleet or “Luftflotte,” and the lower units under the air fleet

were called corps, “Fliegerkorps” or “Jagdkorps”; or divisions,

“Fliegerdivisionen” or “Jagddivisionen.” These lower formations again we

have not shown on the chart.

Under the OKM were the various naval group commands, which controlled

all naval operations in a given area with the exception of the high seas

fleet itself and submarines. The commanders of the fleet and the

submarines were directly under the German Admiralty.

So we may now examine the group as defined in the Indictment; the group

against which the Prosecution seeks the declaration of criminality. It

is defined in Appendix B of the Indictment. The group comprises,

firstly, German officers who held the top positions in the four supreme

commands which I have just described and, secondly, the officers who

held the top field commands.

Turning first to the officers who held the principal positions in the

supreme commands, we find that the holders of nine such positions are

included in the group. Four of these are positions of supreme authority:

The Chief of the OKW, Keitel; the Commander-in-Chief of the Army, Von

Brauchitsch, later Hitler; Commander-in-Chief of the Navy, Raeder, and

later Dönitz; Commander-in-Chief of the Air Force, Göring, and later Von

Greim.

Four other positions are those of the chiefs of the staffs to those four

commanders-in-chief: The Chief of the Operations Staff of the OKW, Jodl;

the Chief of the General Staff of the Army, Halder, and later others;

the Chief of-the General Staff of the Air Force, Jeschonnek, and later

others; the Chief of the Naval War Staff.

The ninth position is that of Deputy Chief of the Operations Staff of

OKW. Throughout most of the war that was General Warlimont, whose name

is shown under Jodl’s on the chart. The particular responsibility of

Jodi’s deputy was planning—strategic planning—and for that reason his

office has been included in the group as defined in the Indictment.

The group named in the Indictment includes all individuals who held any

of those nine staff positions between February 1938 and the end of the

war in May 1945. February 1938 was selected as the opening date because

it was in that month that the top organization of the German Armed

Forces was reorganized and assumed substantially the form in which you

see it there and in which it persisted up until the end of the war.

Twenty-two different individuals occupied those nine positions during

that period, and of those 22, 18 are still living.

Turning next to the officers who held the principal field commands, the

Indictment includes, as members of the group, all commanders-in-chief in

the field who had the status of Oberbefehlshaber in the Army, Navy, or

Air Force. The term “Oberbefehlshaber” rather defies literal translation

into English. Literally, the components of the word mean

“over-command-holder;” and we can perhaps best translate it as

“commander-in-chief.”

In the case of the Army, commanders of the army groups and armies always

had the status and title of Oberbefehlshaber. In the Air Force the

commanders-in-chief of air fleets always had the status of

Oberbefehlshaber, although they were not formally so designated until

1944. In the Navy officers holding the senior regional commands and,

therefore, in control of all naval operations in a given sector had the

status of Oberbefehlshaber.

Roughly 110 individual officers had the status of Oberbefehlshaber in

the Army, Navy, or Air Force during the period in question. All but

approximately a dozen of them are still alive. The entire General Staff

and High Command group, as defined in the Indictment, comprises about

130 officers, of whom 114 are believed to be still living. These

figures, of course, are the cumulative total of all officers who at any

time belonged to the group during the 7 years and 3 months from February

1938 to May 1945.

The number of active members of the group at any moment is, of course,

much smaller. It was about 20 at the outbreak of the war and it rose to

about 50 in 1944 and 1945. That is to say, that at any one moment of

time in 1944 the group—the active group—would have consisted of the

nine individuals occupying the nine staff positions and about 41 Naval,

Air Force, or Army commanders-in-chief.

The structure and the functioning of the German General Staff and High

Command group has been described in a series of affidavits by some of

the principal German field marshals and generals. These affidavits are

included in Volume I of Document Book CC. I want to state briefly how

these statements were obtained.

In the first place two American officers who were selected for their

ability and experience in interviewing high-ranking German prisoners of

war were briefed by an intelligence officer and by the Trial counsel on

the particular problems presented by this part of the case, the

organizational side of the German Armed Forces. These officers were

already well versed in military intelligence and were fluent in German.

It was emphasized that the function of these interrogating officers was

merely to inquire into and establish the facts with respect to the

organization of the Armed Forces, to establish facts on which the

Prosecution wanted to be accurately informed.

The German generals to be interrogated were selected on the basis of the

special knowledge which they could be presumed to possess by reason of

the positions which they had held in the past. After each interview the

interrogator prepared a report, and from this report such facts as

appeared relevant to the issues before the Tribunal were extracted and a

statement embodying them was prepared. This statement was then presented

to the German officer at a later interview in the form of a draft, and

the German officer was asked whether it truly reproduced what he had

said and was invited to alter it in any way he saw fit. The object was

to procure the most accurate testimony on organizational matters that we

could.

I will take up these affidavits one by one, and I think the members of

the Tribunal will see that they fully support the Prosecution’s

description of the group and conclusively establish that this group of

officers was, in fact, the group which had the major responsibility for

planning and for directing the operations of the German Armed Forces.

The Soviet and French Judges have copies in French and Russian, and the

Defense has copies in German.

The first of these affidavits is that of Franz Halder, who held the rank

of “Generaloberst” or colonel general—the equivalent of a four-star

general in the American Army. His affidavit will be Exhibit Number

USA-531 (Document 3702-PS). Halder was Chief of the General Staff of

OKH. That would be the box second from the bottom on the left-hand side.

He was Chief of the General Staff of the OKH from September 1938 to

September 1942. He is, accordingly, a member of the group and well

qualified by his position to testify as to the organization. His

statement is short, and I will read it in full:

“Ultimate authority and responsibility for military affairs in

Germany was vested in the head of the State, who prior to the 2d

of August 1934, was Field Marshal Von Hindenburg and thereafter,

until 1945, was Adolf Hitler.

“Specialized military matters were the responsibility of the

three branches of the Armed Forces subordinate to the

Commander-in-Chief of the Armed Forces (at the same time head of

the State), that is to say, the Army, Navy, and the Air Force.

In practice, supervision within this field was exercised by a

relatively small group of high-ranking officers. These officers

exercised such supervision on the basis of their official

instructions and by virtue of their training, their positions,

and their mutual contacts. Plans for military operations, of the

German Armed Forces were prepared by members of this group,

according to the instructions of the OKW, in the name of their

respective commanding officers and were presented to the

Commander-in-Chief of the Armed Forces (at the same time the

head of the State).

“The members of this group were charged with the responsibility

of preparing for military operations within their competent

fields, and they actually did prepare for any such operations as

were to be undertaken by troops in the field.

“Prior to any operation, the respective members of this group

were assembled occasionally and given appropriate directions by

the head of the State. Examples of such meetings are the speech

by Hitler to the commanders-in-chief on 22 August 1939 prior to

the Polish campaign and the conference at the Reich Chancellery

on 14 June 1941 prior to the first Russian campaign.

“The composition of this group and the relationship of its

members to each other were as shown in the attached chart. This

was, in effect, the General Staff and High Command of the German

Armed Forces. Signed: Halder.”

The chart to which reference is made is the chart which is at the front

of the room and which was attached to the affidavit. The two meetings

referred to in the last paragraph of the affidavit are covered by

documents which will be introduced subsequently.

I next offer a substantially identical statement by Von Brauchitsch,

which will be Exhibit Number USA-532 (Document 3703-PS). Von Brauchitsch

held the rank of field marshal and was Commander-in-Chief of the Army

from 1938 to 1941—therefore also a member of the group. I need not read

his statement, since it is practically the same as that given by Halder;

but I will ask that it be set forth in full in the transcript at this

point. The only difference between the two statements is in the last

sentence of each. Halder states that the group described in the

Indictment “was, in effect, the General Staff and High Command of the

German Armed Forces,” whereas Von Brauchitsch puts it a little

differently, saying, “In the hands of those who filled the positions

shown in the chart lay the actual direction of the Armed Forces.”

Otherwise, the two statements are identical.

[_The document referred to above is as follows_:]

“Ultimate authority and responsibility for military affairs in

Germany was vested in the head of State who prior to 2 August

1934 was Field Marshal Von Hindenburg and thereafter until 1945

was Adolf Hitler.

“Specialized military matters were the responsibility of the

three branches of the Armed Forces subordinate to the Supreme

Commander of the Armed Forces (at the same time head of State),

that is to say, the Army, the Navy, and the Air Force. In

practice supervision within this field was exercised by a

relatively small group of high ranking officers. These officers

exercised such supervision on the basis of their official

instructions and by virtue of their training, their positions,

and their mutual contacts. Plans for military operations of the

German Armed Forces were prepared by members of this group

according to the instructions of the OKW and were presented to

the Supreme Commander of the Armed Forces (at the same time head

of State).

“The members of this group were charged with the responsibility

of preparing for military operations within their competent

fields and they actually did prepare for any such operations as

might possibly be undertaken by troops in the field.

“Prior to any operation, members of this group were assembled

occasionally and given appropriate directions by the head of

State. Examples of such meetings are the speech by Hitler to the

commanders-in-chief on 22 August 1939 prior to the Polish

campaign and the conference at the Reich Chancellery on 14 June

1941 prior to the first Russian campaign.

“The composition of this group and the relationship of its

members to each other were as shown in the attached chart. In

the hands of those who filled the positions shown in the chart

lay the actual direction of the Armed Forces.”—Signed— “Von

Brauchitsch.”

Now, the Tribunal will see from these affidavits that the chart which is

on display at the front of the Court and which is contained in the short

expository statement has been laid before Von Brauchitsch and Halder and

that these two officers have vouched for it under oath as an accurate

picture of the top organization of the German Armed Forces. The

statements by Von Brauchitsch and Halder also fully support the

Prosecution’s statement that the holders of the positions shown on this

chart constitute the group in whom lay the major responsibility for the

planning and execution of all Armed Forces matters.

I would now like to offer another affidavit by Halder which sets forth

some of the matters of detail to which I adverted in describing the

group. It is quite short. Affidavit Number 6, which becomes Exhibit

USA-533 (Document 3704-PS)—and I shall read it in full into the

transcript:

“The most important department in the OKW was the Operations

Staff, in much the same way as the General Staff was in the Army

and Air Force and the Naval War Staff in the Navy. Under Keitel

there were a number of departmental chiefs who were equal in

status with Jodl but, in the planning and conduct of military

affairs, they and their departments were less important and less

influential than Jodl and Jodl’s staff.

“The OKW Operations Staff was also divided into sections. Of

these the most important was the section of which Warlimont was

chief. It was called the National Defense Section, and it was

primarily concerned with the development of strategic questions.

From 1941 onwards Warlimont, though charged with the same

duties, was known as Deputy Chief of the OKW Operations Staff.

“There was during World War II no unified General Staff such as

the Great General Staff which operated in World War I.

“Operational matters for the Army and Air Force were worked out

by the group of high ranking officers described in my statement

of 7 November (in the Army, the General Staff of the Army; and

in the Air Force, the General Staff of the Air Force).

“Operational matters of the Navy were, even in World War I, not

worked out by the Great General Staff but by the Naval Staff.

Signed: Halder.”

The Tribunal will note that this affidavit is primarily concerned with

the functions of the General Staffs of the four commands of OKW, OKL,

OKH, and OKM and fully supports the inclusion in the group of the Chiefs

of Staff of the four services, as well as the inclusion of Warlimont as

Deputy Chief of the OKW staff because of his strategic planning

responsibilities.

I have just one other very short affidavit covering a matter of detail.

The Tribunal will remember that the highest fighting formation in the

German Air Force was known as an air fleet or Luftflotte and that all

commanders-in-chief of air fleets are included in this group. That is

the box in the lower-right-hand corner. The commanders of air fleets

always had the status of Oberbefehlshaber, but they were not formally so

designated until 1944. These facts are set forth in an affidavit by the

son of Field Marshal Von Brauchitsch. His son had the rank of Oberst, or

colonel, in the German Air Force and was personal aide to the Defendant

Göring as Commander-in-Chief of the Air Force. His affidavit is Number 9

and becomes Exhibit Number USA-534 (Document 3705-PS). It reads as

follows:

“Luftflottenchefs have the same status as the Oberbefehlshaber

of an army. During the war they had no territorial authority

and, accordingly, exercised no territorial jurisdiction.

“They were the highest troop commanders of the Air Force units

subordinate to them and were directly under the command of the

Commander-in-Chief of the Air Force.

“Until the summer of 1944 they bore the designation Befehlshaber

and from then on that of Oberbefehlshaber. This change of

designation carried with it no change in the functions and

responsibilities that they previously had.”

Your Honor, that concludes the description of the composition of the

group and the personnel of it. The staff of the Tribunal have referred

to me two inquiries which have been addressed to the Tribunal by counsel

for the group and it seemed to me it might be appropriate if I disposed

of those inquiries now as to the composition of the group. The letters

were turned over to me 2 days ago.

The first is from Hofrat Düllmann, and he has asked whether the group,

as defined in the Indictment, is contingent upon rank, whether it

includes officers holding a definite rank such as field marshal or

“Generaloberst.”

The answer to that is clearly “no.” As has been pointed out, the

criterion of membership in the group is whether one held one of the

positions on the chart up there; and one would be in the group if one

held one of the positions, no matter what one’s rank. Rank is no

criterion. In point of fact, I suppose everybody in the group held at

least the rank of general in the German Army, which is the equivalent of

lieutenant general in ours.

He has also asked whether the group includes officers of the so-called

General Staff Corps. The answer to that is “no.” There was in the German

Army a war academy, and graduates of the war academy were in the branch

of service described as the General Staff Corps. They signed themselves,

for example, “Colonel in Generalstab.” They functioned largely as

adjutants and assistants to the chief staff officers. I suppose there

were some thousands of them—two or three thousand, but they are not

included in the group. Many of them were officers of junior rank. They

are not named in the Indictment, and there is no reason and no respect

in which they are comprehended within the group as defined.

The other letter of inquiry is from Dr. Exner, who states that he is in

doubt as to the meaning of Oberbefehlshaber and goes on to state that he

believes that Oberbefehlshaber includes commanders-in-chief in theaters

of war, the commanders-in-chief of army groups, and the

commanders-in-chief of armies. That is quite right. Those are the

positions as shown on the chart.

Let us now spend a few minutes examining the way this group worked. In

many respects, of course, the German military leaders functioned in the

same general manner as obtained in the military establishments of other

large nations. General plans were made by the top staff officers and

their assistants in collaboration with the field generals or admirals

who were entrusted with the execution of the plans. A decision to wage a

particular campaign would be made, needless to say, at the highest

level; and the making of such a decision would involve political and

diplomatic questions, as well as purely military considerations. When,

for example, the decision was made to attack Poland, the top staff

officers in Berlin and their assistants would work out general military

plans for the campaign. These general plans would be transmitted to the

commanders of the army groups and armies who would be in charge of the

actual campaign; and then there would follow consultation between the

top field commanders and the top staff officers at OKW and OKH, in order

to revise and perfect and refine the plans.

The manner in which this group worked, involving as it did the

interchange of ideas and recommendations between the top staff officers

at OKW and OKH, on the one hand, and the principal field commanders on

the other hand, is graphically described in two statements by Field

Marshal Von Brauchitsch. That is Affidavit Number 4, which will be

Exhibit Number USA-535 (Document 3706-PS). I invite the Tribunal’s

attention to these and will read them into the transcript. The statement

of 7 November 1945:

“In April 1939 I was instructed by Hitler to start military

preparations for a possible campaign against Poland. Work was

immediately begun to prepare an operational and deployment plan.

This was then presented to Hitler and approved by him, as

amended by a change which he desired. After the operational and

deployment orders had been given to the two commanders of the

army groups and the five commanders of the armies, conferences

took place with them about details, in order to hear their

desires and recommendations. After the outbreak of the war I

continued this policy of keeping in close and constant touch

with the commanders-in-chief of army groups and of armies by

personal visits to their headquarters, as well as by telephone,

teletype, or wireless. In this way I was able to obtain their

advice and their recommendations during the conduct of military

operations. In fact, it was the accepted policy and common

practice for the Commander-in-Chief of the Army to consult his

subordinate commanders-in-chief and maintain a constant exchange

of ideas with them.

“The Commander-in-Chief of the Army and his Chief of Staff

communicated with army groups and through them, as well as

directly, with the armies; through army groups on strategic and

tactical matters; directly on questions affecting supply and

administration of conquered territory occupied by the armies. An

army group had no territorial executive power. It had a

relatively small staff, which was concerned only with military

operations. In all territorial matters it was the

Commander-in-Chief of the Army, and not of the army group, who

exercised executive power. Signed: Von Brauchitsch.”

There follows:

“Supplement to the statement of 7 November 1945:

“When Hitler had made a decision to support the realization of

his political objectives through military pressure or through

the application of military force, the Commander-in-Chief of the

Army, if he was at all involved, ordinarily first received an

appropriate oral briefing or an appropriate oral command.

Operational and deployment plans were next worked out in the

OKH. After these plans had been presented to Hitler, generally

by word of mouth, and had been approved by him, there followed a

written order from the OKW to the three branches of the Armed

Forces. In the meanwhile the OKH began to transmit the

operational and deployment plans to the army groups and armies

involved.

“Details of the operational and deployment plans were discussed

by the OKH with the commanders-in-chief of the army groups and

armies and with the chiefs of staff of these commanders. During

the operations the OKH maintained a constant exchange of ideas

with the army groups by means of telephone, radio, and courier.

The Commander-in-Chief of the Army used every opportunity to

maintain a personal exchange of ideas with the commanders of

army groups, armies, and lower echelons by means of personal

visits to them.

“In the war against Russia the commanders of army groups and

armies were individually and repeatedly called in by Hitler for

report. Orders for all operational matters went from the OKH to

army groups, and for all matters concerning supply and

territorial executive power from the OKH directly to the armies.

Signed: Von Brauchitsch.”

The Oberbefehlshaber in the field, therefore—and in the case of the

Army that means the commanders-in-chief of army groups and

armies—participated in planning and directing the execution of the

plans, as those affidavits show. The Oberbefehlshaber were also the

repositories of general executive powers in the areas in which their

army groups and armies were operating. In this connection I invite the

Court’s attention to Document 447-PS, which is already in evidence as

Exhibit Number USA-135, this being a directive of 13 March 1941 signed

by Keitel and issued by the Supreme Command of the Armed Forces. This

directive sets out various regulations for the operations against the

Soviet Union which were actually begun a few months later on 22 June.

The documents, Your Honor, are in numerical order in Document Books II

and III. Document Book II contains C and L; Document Book III contains

PS; and this, being 447-PS, will be in Document Book III in numerical

order within the PS’s. And within that Document, under Paragraph I, the

paragraph entitled “Area of Operations and Executive Power”

(“Vollziehende Gewalt”), the Tribunal will find Subparagraph 1, in which

the following appears—that is Page 1 of the translation, Paragraph 2:

“It is not contemplated to declare East Prussia and the

Government General an area of operations. However, in accordance

with the unpublished Führer orders from 19 and 21 October 1939,

the Commander-in-Chief of the Army shall be authorized to take

all measures necessary for the execution of his military aim and

for the safeguarding of the troops. He may transfer his

authority to the commanders-in-chief”—that, in the original

German, is Oberbefehlshaber—“of the army groups and armies.

Orders of that kind have priority over all other obligations and

over orders issued by civilian agencies.”

Your Honors will see that this executive power, with priority over

civilian agencies, was vested in the Commander-in-Chief of the Army with

authority to transfer it to commanders-in-chief of army groups or

armies—to the members of the group as defined in the Indictment.

Further on in the document, under Subparagraph 2(a), the document

states—that is the fourth paragraph, on Page 1 of the document:

“The area of operations of the Army created through the advance

of the Army beyond the frontiers of the Reich and the

neighboring countries is to be limited in depth as far as

possible. The Commander-in-Chief of the Army has the right to

exercise the executive power”—vollziehende Gewalt—“in this

area, and may transfer his authority to the

commanders-in-chief”—Oberbefehlshaber—“of the army groups and

armies.”

THE PRESIDENT: This would be a convenient time to break off.

[_A recess was taken until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: The Tribunal will sit tomorrow in closed session to

consider matters of procedure, and there will therefore be no public

session tomorrow.

COL. TAYLOR: Your Lordship, I have just one more document dealing with

this subject of the structure of the group before passing on to the

substantive charges of criminality.

This document is C-78, which is already in evidence as Exhibit Number

USA-139. That will be found in Volume II of the document book. This

document is the official command invitation to participate in the

consultation at the Reich Chancellery on 14 June 1941, 8 days prior to

the attack on the Soviet Union. This is one of the meetings that was

referred to in the last paragraph of the affidavits by Halder and Von

Brauchitsch, which were read into the record this morning. It is signed

by Colonel Schmundt, the chief Wehrmacht adjutant to Hitler, and is

dated at Berchtesgaden, 9 June 1941. It begins:

“In re: Conference Barbarossa”—that being the code for the

attack on the Soviet Union—“the Führer and Supreme Commander of

the Armed Forces has ordered reports on Barbarossa by the

commanders of army groups and armies and naval and air

commanders of equal rank.”

That is, as the Tribunal will see once again, the very group specified

in the bottom line of the chart on the wall, army groups, armies, naval,

and air commanders of similar rank.

This document likewise includes a list of the participants in this

conference, and I would just like in closing on this subject to run

through that list to point out who the participants in this conference

were and how closely they parallel the structure of the group as we find

it in the Indictment. The Tribunal will see that the list of

participants begins at the foot of Page 1 of the translation:

General Field Marshal Von Brauchitsch, who was the Commander-in-Chief of

the Army and a member of the group; General Halder, who was Chief of the

Army Staff and a member of the group; then three subordinates, who were

not members of the group: Paulus, Heusinger, and Gyldenfeldt.

Navy: Captain Wagner, who was Chief of the Operations Staff, Operations

Division of the naval war staff, not a member of the group. On the air

side: General Milch, State Secretary and General Inspector of the Air

Force, again not a member of the group; Jeschonnek, Chief of the General

Staff of the Air Force and a member of the group; and two of his

assistants.

Passing over the page to the OKW, High Command of the Armed Forces, we

find Keitel, Jodl, Warlimont, all members of the group, were present,

with an assistant from the General Staff.

Then four officers from the office of the adjutant, who were not members

of the group.

Then we pass to the officers from the field commands: General Von

Falkenhorst, Army High Command, Norway, member of the group; General

Stumpff, Air Fleet 5, member of the group; Rundstedt, Reichenau,

Stülpnagel, Schober, Kleist, all from the Army, all members of the

group.

Air Force: General Löhr, Air Fleet 4, member of the group. General Fromm

and General Udet were not members. One was director of the home forces,

commander of the home forces, and the other the Director General of

Equipment and Supply, G.A.F.

The Navy: Raeder, a member of the group; Fricke, chief of the naval war

staff, and a member of the group; and a personal assistant who was not a

member; Carls, Naval Group North, a member of the group, likewise

Schmundt.

Then from the Army: Leeb, Busch, Küchler, all members of the group as

Oberbefehlshaber; Keller, a member of the group; Bock, Kluge, Strauss,

Guderian, Hoth, Kesselring, all members of the group.

And it will accordingly be seen that except for a few assisting officers

of relatively junior rank, all the participants in these consultations

were members of the group as defined in the Indictment and that in fact

the participants included almost all the members of the group who were

concerned in the impending operation against the Soviet Union.

I have now concluded the first part of the presentation, to wit, the

description of the General Staff and High Command group and its

composition and structure and general manner of functioning. I turn now

to the charges levelled against this group in the Indictment.

Appendix B charges that this group had a major responsibility for the

planning, preparation, initiation, and waging of the illegal wars set

forth in Counts One and Two and for the War Crimes and Crimes against

Humanity detailed in Counts Three and Four.

In presenting the evidence in support of these charges we must keep in

mind that under the Charter the group may be declared criminal in

connection with any acts of which an individual defendant who was a

member of the group may be convicted.

The General Staff and High Command group is well represented among the

individual defendants in this case. Five of the individual defendants,

or one-quarter of the individuals here, are members of the group.

Taking them in the order in which they are listed, the first is the

Defendant Göring. Göring is a defendant in this case in numerous

capacities. He is a member of the General Staff and High Command group

by reason of having been Commander-in-Chief of the Air Force from the

time when the Air Force first came into the open and was officially

established until about 1 month prior to the end of war. During the last

month of the war he was replaced in this capacity by Von Greim, who

committed suicide shortly after his capture at the end of the war.

Göring is charged with crimes under all Counts of the Indictment.

The next listed defendant who is a member of the group is Keitel. He and

the remaining three defendants are, all four of them, in this case

primarily or solely in their military capacities, and all four of them

are professional soldiers or sailors.

Keitel was made chief of the High Command of the German Armed Forces, or

OKW, when the OKW was first set up in 1938 and he remained in that

capacity throughout the period in question. He held the rank of Field

Marshal throughout most of this period, and in addition to being the

Chief of the OKW, he was a member of the Secret Cabinet Council and of

the Council of Ministers for the Defense of the Reich. Keitel is charged

with crimes under all four Counts.

The Defendant Jodl was a career soldier. He was an Oberstleutnant, or

lieutenant colonel, when the Nazis came to power and ultimately attained

the rank of Generaloberst or colonel general. He became the Chief of the

Operations Staff of the Wehrmacht and continued in that capacity

throughout the war. He also is charged with crimes under all four

counts.

The other two defendants who are members of this group are on the

nautical side. The Defendant Raeder is in a sense the senior member of

the entire group, having been Commander-in-Chief of the German Navy as

early as 1928. He attained the highest rank in the German Navy,

Grossadmiral. He retired from the Supreme Command of the Navy in 1943,

in January, and was replaced by Dönitz. Raeder is charged under Counts

One, Two, and Three of the Indictment.

The last of the five defendants, Dönitz, was a relatively junior officer

when the Nazis came to power. During the early years of the Nazi regime,

he specialized in submarine activities and was in command of the U-boat

arm when the war broke out. He rose steadily in the Navy and was chosen

to succeed Raeder when the latter retired in 1943. He then became

Commander-in-Chief of the Navy and attained the rank of Grossadmiral.

When the German Armed Forces collapsed near the end of the war, Dönitz

succeeded Hitler as head of the German Government. He is charged under

Counts One, Two, and Three of the Indictment.

Four of these five defendants are reasonably typical of the group as a

whole. We must except the Defendant Göring who is primarily a Nazi Party

politician nourishing a hobby for aviation as a result of his career in

1914-18. But the other four made soldiering or sailoring their life

work. They collaborated with and joined in the most important adventures

of the Nazis, but they were not among the early Party members. They

differ in no essential respects from the other 125 members of the group.

They are, no doubt, abler men in certain respects. They rose to the

highest position in the German Armed Forces, and all but Jodl attained

highest rank.

But they will serve as excellent case studies and as representatives of

the group, and we can examine their ideas as they have expressed them in

these documents and their actions, with fair assurance that these ideas

and actions are characteristic of the other group members.

I turn first to the criminal activities of the General Staff and High

Command group under Counts One and Two of the Indictment, their

activities in planning and conspiring to wage illegal wars. Here my task

is largely one of recapitulation. The general body of proof relating to

aggressive war has already been laid before the Tribunal by my

colleague, Mr. Alderman, and the distinguished members of the British

Delegation.

Many of the documents to which they drew the Tribunal’s attention showed

that the defendants here who were members of the General Staff and High

Command group participated knowingly and wilfully in crimes under Counts

One and Two. I propose to avoid referring again to that evidence so far

as I possibly can, but I must refer to one or two of them again to focus

the Tribunal’s attention on the part which the General Staff and High

Command group played in aggressive War Crimes.

Now it is, of course, the normal function of a military staff to prepare

military plans. In peacetime, military staffs customarily concern

themselves with the preparation of plans for attack or defense based on

hypothetical contingencies. There is nothing criminal about carrying on

these exercises or preparing these plans. That is not what the

defendants and this group are charged with.

We will show that the group agreed with the Nazi objective of

aggrandizing Germany by threat of force or force itself, and that they

joined knowingly and enthusiastically in developing German armed might

for this purpose. They were advised in advance of the Nazi plans to

launch aggressive wars. They laid the military plans and directed the

initiation and carrying on of the wars. These things we believe to be

criminal under Article 6 of the Charter.

Aggressive war cannot be prepared or waged without intense activity on

the part of all branches of the armed forces, and particularly by the

high-ranking officers who control these forces. To the extent,

therefore, that German preparation for and the waging of aggressive war

are historical facts of common knowledge, or are already proved, it

necessarily follows that the General Staff and High Command group, and

the German Armed Forces, participated therein.

This is so notwithstanding the effort on the part of certain German

military leaders to insist that until the troops marched they lived in

an ivory tower unwilling to see the direction to which their work led.

The documents to which I will refer fully refute this, and moreover some

of these men now fully admit they participated gladly with the Nazis,

because the Nazi aims coincided closely with their own.

I think that the documents which Mr. Alderman read into the transcript

already adequately reflect the purposes and objectives of the German

General Staff and High Command group during the period prior to the

absorption of Austria. During this period occurred, as is charged in the

Indictment, firstly, secret rearmament, including the training of

military personnel, the production of war munitions, and building of an

air force; secondly, the Göring announcement on 10 March 1935 that

Germany was building a military air force; thirdly, the law for

compulsory military service of 16 March 1935, fixing the peacetime

strength of the German Army at 500,000; and finally, and fourthly, the

reoccupation of the Rhineland on 7 March 1936 and the refortification of

that area.

Those particular facts do not require judicial proof. They are

historical facts, and likewise the fact that it would have been

impossible for the Nazis to achieve these things without co-operation by

the Armed Forces is indisputable from the very nature of things.

Mr. Alderman described to the Tribunal and read from numerous documents

which illustrate these events. He included numerous documents concerning

the secret expansion of the German Navy in violation of treaty

limitations, under the guidance of the Defendant Raeder.

He also read the secret Reich Defense Law, Document 2261-PS, already in

the record as Exhibit Number USA-24, which was adopted on the same day

that Germany unilaterally renounced the armament provisions of the

Versailles Treaty. He read Von Blomberg’s plan, dated 2 May 1935, for

the reoccupation of the Rhineland—that is Document C-159, Exhibit

Number USA-54—and Blomberg’s orders under which the reoccupation was

actually carried out.

All these events, by obvious inference, required the closest

collaboration between the military leaders and the Nazis. I need not

labor that point further.

But it is worth while, I think, to re-examine one or two of the

documents which show the state of mind and the objectives of the German

military leaders during this early period. One document read from by Mr.

Alderman which reflects the viewpoint of the German Navy on the

opportunities which Nazism accorded for rearmament so that Germany could

achieve its objectives by force or threat of force is a memorandum

published by the High Command of the German Navy in 1937, entitled _The

Fight of the Navy against Versailles_. That is Document C-156, Exhibit

Number USA-41. The Tribunal will recall that this memorandum, this

official publication of the German Navy, stated that only with the

assistance of Hitler had it been possible to create the conditions for

rearmament. The Defendant Jodl has stated this, better than I could

possibly put it, in his speech to the Gauleiter on 7 November 1943. That

is in Document L-172, Exhibit Number USA-34, from which Mr. Alderman

read at length.

Nor were the high-ranking German officers unaware that the policies and

objectives of the Nazis were leading Germany in the direction of war. I

invite the Court’s attention to Document C-23, which is already in the

record as Exhibit Number USA-49. This consists of some notes made by

Admiral Carls of the German Navy in September 1938. These notes were

written by Admiral Carls by way of comment on a “Draft Study of Naval

Warfare against England” and they read in part as follows—that will be

found, Your Lordship, on Page 3 of the translation of Document C-23:

“There is full agreement with the main theme of the study.

“1. If, according to the Führer’s decision, Germany is to

acquire a position as a world power guaranteed by its own

strength, 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 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-half to

one-third of the whole world.

“It can be justified and have a chance of success only 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.”

Let us turn to the Air Force, having seen what the viewpoint of the Navy

was. Parts of the German Air Staff during this pre-war period were

developing even more radically aggressive plans for the aggrandizement

of the Reich. Document L-43, Exhibit Number GB-29, is a study prepared

by the chief of a branch of the General Staff of the Air Force called

the Organization Staff. The study in question is a recommendation for

the organization of the German Air Force in future years up to 1950. The

recommendation is based on certain assumptions, and one assumption was

that by 1950 the frontiers of Germany would be as shown on the map which

was attached as an enclosure to this study. There is only one copy of

the map available, Your Honor.

The Court will note on this map that Austria, Czechoslovakia, Hungary,

Poland, and the Baltic coast up to the Gulf of Finland are all included

within the borders of the Reich. The Court will also note, at Page 2 of

the Document itself—that is L-43—that the author envisaged the future

peacetime organization of the German Air Force as comprising seven group

commands, four of which lie within the borders of Germany proper at

Berlin, Braunschweig, Munich, and Königsberg, but the three others are

proposed to be at Vienna, Budapest, and Warsaw.

Before turning to particular acts of aggression by the German Armed

Forces, I want to stress once more the basic agreement and harmony

between the Nazis and the German military leaders. Without this

agreement on objectives there might never have been a war. In this

connection I want to direct the Tribunal’s attention to an affidavit

Number 3 in Document Book I, which will be Document 3704-PS, Exhibit

Number USA-536, by Von Blomberg, formerly Field Marshal, Reich War

Minister, and Commander-in-Chief of the German Forces until February

1938.

I will read the affidavit into the transcript:

“From 1919, and particularly from 1924, three essential

territorial questions occupied attention in Germany. These were

the questions of the Polish Corridor, the Ruhr, and Memel.

“I, myself, as well as the whole group of German staff officers,

believed that these three questions, outstanding among which was

the question of the Polish Corridor, would have to be settled

some day, if necessary by force of arms. About 90 percent of the

German people were of the same mind as the officers on the

Polish question. A war to wipe out the outrage perpetrated by

the creation of the Polish Corridor and to lessen the threat to

separated East Prussia, surrounded by Poland and Lithuania, was

regarded as a sacred duty, though a sad necessity. This was one

of the chief reasons behind the partially secret rearmament

which began about 10 years before Hitler came to power and was

accentuated under Nazi rule.

“Before 1938-1939 the German generals were not opposed to

Hitler. There was no reason to oppose Hitler, since he produced

the results which they desired. After this time some generals

began to condemn his methods and lost confidence in the power of

his judgment. However, they failed as a group to take any

definite stand against him, although a few of them tried to do

so and as a result had to pay for this with their lives or their

positions.

“Shortly before my removal from the post of Commander-in-Chief

of the Armed Forces, in January 1938, Hitler asked me to

recommend a successor. I suggested Göring, who was the ranking

officer, but Hitler objected because of his lack of patience and

diligence. I was not replaced as Commander-in-Chief of the Armed

Forces by any officer, but Hitler personally took over my

function as Commander. Keitel was recommended by me as a _chef

de bureau_. As far as I know, he was never named Commander of

the Armed Forces but was always merely a ‘chief of staff’ under

Hitler and in effect conducted the administrative functions of

the Ministry of War.

“At my time Keitel was not opposed to Hitler and therefore was

qualified to bring about a good understanding between Hitler and

the Armed Forces, a thing which I myself desired and had

furthered as Reichswehrminister and Reichskriegsminister. To do

the opposite would have led to a civil war, for at that time the

mass of the German people supported Hitler. Many are no longer

willing to admit this. But it is the truth.

“As far as I heard, Keitel did not oppose any of Hitler’s

measures. He became a willing tool in Hitler’s hands for every

one of his decisions.

“He did not measure up to what might have been expected of him.”

The statement by Von Blomberg which I have just read is paralleled

closely in some respects by an affidavit by Colonel General Blaskowitz.

That is Affidavit Number 5 in Volume I of the document book Exhibit

Number USA-537. Blaskowitz commanded an army in the campaign against

Poland and the campaign against France. He subsequently took command of

Army Group G in southern France and at the end of the war he was in

command of Army Group H, which had retreated beyond the Rhine. The first

three paragraphs of his affidavit are substantially identical with the

first three paragraphs of Von Blomberg’s; and since they are available

in all languages, for expedition I will start reading with Paragraph 4,

where the affidavit is on a different subject:

“After the annexation of Czechoslovakia we hoped that the Polish

question would be settled in a peaceful fashion through

diplomatic means, since we believed that this time France and

England would come to the assistance of their ally. As a matter

of fact, we felt that if political negotiations came to nothing

the Polish question would unavoidably lead to war, that is, not

only with Poland herself but also with the Western Powers.

“When in the middle of June I received an order from the OKH to

prepare myself for an attack on Poland, I knew that this war

came even closer to the realm of possibility. This conclusion

was only strengthened by the Führer’s speech on 22 August 1939

at the Obersalzberg when it clearly seemed to be an actuality.

Between the middle of June 1939 and 1 September 1939 the members

of my staff who were engaged in preparations participated in

various discussions which went on between the OKH and the army

group. During these discussions such matters of a tactical,

strategical, and general nature were discussed as had to do with

my future position as Commander-in-Chief of the 8th Army during

the planned Polish campaign.

“During the Polish campaign, particularly during the Kutno

operations, I was repeatedly in communication with the

Commander-in-Chief of the Army; and he, as well as the Führer,

visited my headquarters. In fact, it was common practice for

commanders-in-chief of army groups and of armies to be asked

from time to time for estimates of the situation and for their

recommendations by telephone, teletype, or wireless, as well as

by personal calls. These front commanders-in-chief thus actually

became advisers to the OKH in their own field, so that the

positions shown in the attached chart embrace that group which

was the actual advisory council of the High Command of the

German Armed Forces.”

The Tribunal will note that the latter part of this affidavit, like

those of Halder and Brauchitsch, vouches for the accuracy of the

structure and organization of the General Staff and High Command group

as described by the Prosecution. The Tribunal will also note that the

Von Blomberg affidavit and the first part of the Blaskowitz affidavit

make it clear beyond question that the military leaders of Germany knew

of, approved, supported, and executed plans for the expansion of the

Armed Forces beyond the limits set by treaties. The objectives which

they had in mind are obvious, and in these documents and affidavits we

see the Nazis and the generals in agreement upon the basic objective of

aggrandizing Germany by force or threat of force and collaborating to

build up the armed might of Germany, in order to make possible the

subsequent acts of aggression. We turn now to an examination of those

particular acts of aggression which have already been described to the

Tribunal in general, with the particular purpose of noting participation

in these criminal acts by the General Staff and High Command group.

I may say, Your Lordship, that in going over this material, in order to

save time I propose to read from a very few documents. There are large

numbers of documents. Accordingly, when I cite them I think there is

probably no need for the Tribunal to try to find them in the documents

before it. Most of them are documents already in evidence and I propose

to cite them for purposes of recapitulation, without reading very much.

The Tribunal will recall that Mr. Alderman read into the transcript

portions of a document, 386-PS, Exhibit Number USA-25, consisting of

notes by Colonel Hossbach on a conference which was held in the German

Chancellery in Berlin on the 5th of November 1937. Hitler presided at

this conference, which was a small and highly secret one; and the only

other participants were the four principal military leaders and the

Minister of Foreign Affairs, the Defendant Neurath. The four chief

leaders of the Armed Forces—Blomberg, who was then Reich Minister of

War, and the commanders-in-chief of the three branches of the Armed

Forces: Von Fritsch for the Army, Raeder for the Navy, and Göring for

the Air Force—were present. Hitler embarked on a general discussion of

Germany’s diplomatic and military policy and stated that the conquest of

Austria and Czechoslovakia was an essential preliminary “for the

improvement of our military and political position” and “in order to

remove any threat from the flanks.”

The military and political advantages which were envisaged included the

acquisition of a new source of food, shorter and better frontiers, the

release of troops for other tasks, and the possibility of forming new

divisions from the population of the conquered territories. Blomberg and

Von Fritsch joined in the discussion and Von Fritsch stated that he was

making a study to investigate “the possibilities of carrying out

operations against Czechoslovakia with special consideration for the

conquest of the Czechoslovakian system of fortifications.”

The following spring, in March 1938, the German plans with respect to

Austria came to fruition. Mr. Alderman has already read into the record

portions of the diary kept by the Defendant Jodl. The portion here in

question, Document 1780-PS, Exhibit Number USA-72, of this diary shows

the participation of the German military leaders in the absorption of

Austria. As is shown by Jodl’s diary entry for 11 February 1938, the

Defendant Keitel and two other important generals were present at the

Obersalzberg meeting between Schuschnigg and Hitler, and the purpose is

shown clearly by the entry which recites that:

“. . . in the evening and on 12 February General Keitel with

General Von Reichenau and Sperrle at the Obersalzberg,

Schuschnigg together with G. Schmidt are again being put under

heaviest political and military pressure. At 2300 hours

Schuschnigg signs protocol.”

The General Von Reichenau referred to there was at that time the head

commander of Wehrkreis 7, one of the military districts into which

Germany was divided. He subsequently commanded the 10th Army in Poland

and the 6th Army in France and was a member of the group as defined in

the Indictment. Sperrle, who was in Spain during the civil war and then

commanded Luftflotte 3, the 3rd German Air Fleet, practically throughout

the war, was also a member of the group. Two days later Keitel and other

military leaders were preparing proposals to be submitted to Hitler

which would give the Austrian Government the impression that Germany

would resort to force unless the Schuschnigg agreement was ratified in

Vienna.

These proposals are embodied in a document dated February 14, 1938,

1775-PS, Exhibit Number USA-73, and signed by Keitel. Portions of

Keitel’s proposals to the Führer are as follows:

“1) Take no real preparatory measures in the Army or Luftwaffe.

No troop movements or redeployments.

“2) Spread false but quite credible news which may lead to the

conclusion of military preparations against Austria: a) through

V-men”—that means agents—“in Austria, b) through our customs

personnel at the frontier, c) through travelling agents.”

Going down the document to 4), Keitel proposed:

“4) Order a very active make-believe wireless exchange in

Wehrkreis VII and between Berlin and Munich.

“5) Real maneuvers, training flights, and winter maneuvers of

the mountain troops near the frontier.

“6) Admiral Canaris has to be ready beginning on February 14 in

the Service Command Headquarters VII in order to carry out

measures given by order of the Chief of the OKW.”

As Jodl’s diary shows under the entry for 14 February, these deceptive

maneuvers were very effective and created in Austria the impression that

these threats of force might be expected to create. About a month later

armed intervention was precipitated by Schuschnigg’s decision to hold a

plebiscite in Austria. Hitler ordered mobilization in accordance with

the pre-existing plans for the invasion of Austria, these plans being

known as “Case Otto,” in order to absorb Austria and stop the

plebiscite. Jodl’s diary under the entry for 10 March 1938 tells us as

follows on Page 2:

“By surprise and without consulting his ministers Schuschnigg

ordered a plebiscite for Sunday, 13 March, which should bring a

strong majority for the Legitimists in the absence of plan or

preparation.

“Führer is determined not to tolerate it. The same night, March

9 to 10, he calls for Göring. General Von Reichenau is called

back from Cairo Olympic Committee, General Von Schober is

ordered to come, as well as Minister Glaise-Horstenau, who is

with Gauleiter Bürckel in the Palatinate.”

The General Von Schober referred to succeeded General Von Reichenau as

Commander of Wehrkreis 7 and later was Commander of the 11th Army in

Russia and was a member of the group as defined in the Indictment.

The invasion of Austria differs from the other German acts of aggression

in that the invasion was not closely scheduled and timed in advance.

This is the case simply because the invasion was precipitated by an

outside event, that being Schuschnigg’s order for the plebiscite. But,

although for this reason the element of deliberately timed planning was

lacking, the foregoing documents make clear the participation of the

military leaders at all stages.

At the small policy meeting of November 1937, when Hitler’s general

program for Austria and Czechoslovakia was outlined, the only others

present were the four principal military leaders and the Foreign

Secretary.

In February Keitel, Reichenau, and Sperrle were all present to help

subject Schuschnigg to the heaviest military pressure. Keitel and others

immediately thereafter worked out and executed a program of military

threat and deception to frighten the Austrian Government into acceptance

of the Schuschnigg protocol. When the actual invasion took place, it

was, of course, directed by the military leaders and executed by the

Armed Forces, and we are indebted to the Defendant Jodl for a clear

statement of why the German military leaders were only too delighted to

join with the Nazis in bringing about the end of Austrian independence.

In his lecture in November 1943 to the Gauleiter, which appears in

Document L-172, which is Exhibit Number USA-34, Jodl explained—this is

Page 5, Paragraph 3 of the translation:

“The Austrian Anschluss, in its turn, brought with it not only

fulfillment of an old national aim, but also had the effect both

of re-inforcing our fighting strength and of materially

improving our strategic position. Whereas until then the

territory of Czechoslovakia had projected in a most menacing way

right into Germany (a wasp waist in the direction of France and

air base for the Allies, in particular Russia) Czechoslovakia

herself was now enclosed by pincers. Her own strategic position

had now become so unfavorable that she was bound to fall a

victim to any vigorous attack before effective aid from the West

could be expected to arrive.”

The foregoing extract from Jodl’s speech makes a good transition to the

case of Czechoslovakia—“Case Green,” or “Fall Grün.” I propose to treat

this very briefly. Mr. Alderman has covered the general story of German

aggression against Czechoslovakia very fully and the documents he read

from are full of evidence showing the knowing participation in this

venture by Keitel, Jodl, and other members of the group.

Once again the Hossbach minutes of the conference between Hitler and the

four principal military leaders, Document 386-PS, Exhibit Number USA-25,

may be called to mind. Austria and Czechoslovakia were then listed as

the most proximate victims of German aggression. After the absorption of

Austria, Hitler as head of the State and Keitel as Chief of all the

Armed Forces lost no time in turning their attention to Czechoslovakia.

From this point on nearly the whole story is contained in the Schmundt

file, Document 388-PS, Exhibit Number USA-26, and Jodl’s diary, both of

which have been read from extensively. These two sources of information

go far, I think, to demolish what is urged in defense of the military

defendants and the General Staff and High Command group. They seek to

create the impression that the German generals were pure military

technicians, that they were not interested in or not informed about

political and diplomatic considerations—that they prepared plans for

military attack or defense on a purely hypothetical basis. They say all

this in order to suggest that they did not share and could not estimate

Hitler’s aggressive intentions, that they carried out politically

conceived orders like military automatons, with no idea whether the wars

they launched were aggressive or not.

When these arguments are made, Your Honor, may I respectfully suggest:

Read the Schmundt file and read General Jodl’s diary. They make it

abundantly clear that aggressive designs were conceived jointly between

the Nazis and the generals, that the military leaders were fully posted

on the aggressive intentions and fully informed on the political and

diplomatic developments, that, indeed, German generals had a strange

habit of turning up at diplomatic foregatherings; and indeed, if the

documents did not show these things, a moment’s thought must show them

to be true.

A highly successful program of conquest depends on armed might. It

cannot be executed by an unprepared, weak, or recalcitrant military

leadership. It has, of course, been said that war is too important a

business to be left to soldiers alone; and this is no doubt true, but it

is equally true that an aggressive diplomacy is far too dangerous a

business to be conducted without military advice and support, and no

doubt some of the German generals had qualms about Hitler’s timing and

the boldness of some of his moves. Some of these doubts are rather

interestingly reflected in an entry from Jodl’s diary which has not yet

been read.

That is Document 1780-PS again—the entry for 10 August 1938. It appears

on Page 4 of the translation of 1780-PS:

“10 August 1938. The Army chiefs and the chiefs of the Air

Forces groups, Lieutenant Colonel Jeschonnek, and I are ordered

to the Berghof. After dinner the Führer makes a speech lasting

for almost 3 hours, in which he develops his political thoughts.

The subsequent attempts to draw the Führer’s attention to the

defects of our preparations, which are undertaken by a few

generals of the Army, are rather unfortunate. This applies

especially to the remarks of General Von Wietersheim, in which,

to top it off, he claims to quote from General Adams that the

Western fortifications can be held for only 3 weeks. The Führer

becomes very indignant and flares up, bursting into the remarks

that in such a case the whole Army would not be good for

anything. ‘I assure you, General, the position will be held not

only for 3 weeks, but for 3 years.’

“The cause of this despondent opinion, which unfortunately

enough is held widely within the Army General Staff, is based on

various reasons. First of all, it”—the General Staff—“is

prejudiced by old memories and feels responsible also for

political decisions instead of obeying and executing its

military mission. That is certainly done with traditional

devotion, but the vigor of the soul is lacking, because in the

end they do not believe in the genius of the Führer. One does

perhaps compare him with Charles XII. And since water flows

downhill, this defeatism may not only possibly cause immense

political damage, for the opposition between the generals’

opinion and that of the Führer is common talk, but may also

constitute a danger for the morale of the troops. But I have no

doubt that this, as well as the morale of the people, will

encourage the Führer enormously when the right moment comes.”

THE PRESIDENT: Shall we break off now for 10 minutes?

[_A recess was taken._]

COL. TAYLOR: The extract from the Jodl diary from which I have just read

may indeed show that some of the German generals at that time were

cautious with respect to Germany’s ability to take on Poland and the

Western Powers simultaneously; but, nonetheless, the entry shows no lack

of sympathy with the Nazi aims for conquest. And there is no evidence in

Jodl’s diary or elsewhere that any substantial number of German generals

lacked sympathy with Hitler’s objectives. Furthermore, the top military

leaders always joined with and supported his decisions, with formidable

success in these years from 1938 to 1942.

So, if we are told that German military leaders did not know that German

policy toward Czechoslovakia was aggressive or based on force or threat

of force, let us remember that on 30 May 1938 Hitler signed a most

secret directive to Keitel—already in the transcript, Document 388-PS,

Exhibit Number USA-26—in which he stated clearly his unalterable

decision to smash Czechoslovakia by military action in the near future.

The Defendant Jodl was in no doubt what that directive meant. He noted

in his diary, the same day, that the Führer had stated his final

decision to destroy Czechoslovakia soon and had initiated military

preparation all along the line.

And the succeeding evidence, both in the Schmundt file and in the Jodl

diary, shows how these military preparations went forward. Numerous

examples of discussions, plans, and preparations during the last few

weeks before the Munich Pact, including discussions with Hungary and the

Hungarian General Staff, in which General Halder participated, are

contained in the Jodl diary and the later items in the Schmundt file.

The day the Munich Pact was signed, the 29th of September, Jodl noted in

his diary—Document 1780-PS—the entry for 29 September:

“The Munich Pact is signed, Czechoslovakia as a power is out.

Four zones as set forth will be occupied between the 2d and 7th

of October. The remaining part of mainly German character will

be occupied by the 10th of October. The genius of the Führer and

his determination not to shun even a world war have again won

the victory without the use of force. The hope remains that the

incredulous, the weak, and the doubtful people have been

converted and will remain that way.”

Plans for the liquidation of the remainder of Czechoslovakia were made

soon after Munich. Ultimately the absorption of the remainder was

accomplished by diplomatic bullying, in which the Defendant Keitel

participated, for the usual purpose of demonstrating that German armed

might was ready to enforce the threats—as shown by two documents

already in, and which I need not read: Document 2802-PS, Exhibit Number

USA-117; and 2798-PS, Exhibit Number USA-118.

And once again the Defendant Jodl, in his 1943 lecture, Document L-172,

Exhibit Number USA-34, tells us clearly and in one sentence why the

objective of eliminating Czechoslovakia lay as close to the hearts of

the German military leaders as to the hearts of the Nazi:

“The bloodless solution of the Czech conflict in the autumn of

1938 and the spring of 1939 and the annexation of Slovakia

rounded off the territory of Greater Germany in such a way that

it then became possible to consider the Polish problem on the

basis of more or less favorable strategic premises.”

And this serves to recall the affidavits by Blomberg and Blaskowitz,

from which I have already read. The whole group of German staff and

front officers believed that the question of the Polish Corridor “would

have to be settled some day, if necessary by force of arms,” they told

us. “Hitler produced the results which all of us warmly desired,” they

have told us.

I turn now to Poland. The German attack on Poland is a particularly

interesting one from the standpoint of the General Staff and High

Command. The documents which show the aggressive nature of the attack

have already been introduced by Colonel Griffith-Jones of the British

Delegation. I propose to approach it from a slightly different angle,

inasmuch as these documents serve as an excellent case study of the

functioning of the General Staff and High Command group as defined in

the Indictment.

This attack was carefully timed and planned, and in the documents one

can observe the staff work step by step. Colonel Griffith-Jones read

from a series of directives from Hitler and Keitel, embodied in Document

C-120, Exhibit Number GB-1, involving “Fall Weiss”, which was the code

word for the plan of attack on Poland. That is a whole series of

documents, and the series starts—C-120—with a reissuance of a document

called, “Directive for the Uniform Preparation for War by the Armed

Forces.”

We have encountered this periodically reissued directive previously.

That was a sort of form for standing instructions to the Armed Forces

laying out what their tasks during the coming period would be.

In essence these directives are: Firstly, statements of what the Armed

Forces must be prepared to accomplish in view of political and

diplomatic policies and developments and; secondly, indications of what

should be accomplished diplomatically in order to make the military

tasks easier and the chances of success greater. They constitute, in

fact, a fusion of diplomatic and military thought and they strongly

demonstrate the mutual interdependence of aggressive diplomacy and

military planning.

Note the limited distribution of these documents, early in April 1939,

in which the preparation of the plans for the Polish war is ordered.

Five copies only are distributed by Keitel: One goes to Brauchitsch at

OKH; one to Raeder at OKM; one to Göring at OKL; and two to Warlimont in

the planning branch of OKW.

Hitler lays down that the plans must be capable of execution by 1

September 1939; and, as we all remember, that target date was adhered

to. The fusion of military and diplomatic thought is clearly brought out

by a part of one of these documents which has not previously been read;

that is Document C-120, Subdivision D, and it is to be found at Page 4.

The sub-heading is “Political Requirements and Aims”:

“German relations with Poland continue to be based on the

principle of avoiding any quarrels. Should Poland, however,

change her policy towards Germany, based up to now on the same

principles as our own, and adopt a threatening attitude towards

Germany, a final settlement might become necessary,

notwithstanding the pact in effect with Poland.

“The aim, then, will be to destroy Polish military strength and

create in the East a situation which satisfies the requirements

of national defense. The Free State of Danzig will be proclaimed

a part of the Reich territory at the outbreak of the conflict,

at the latest.

“The political leadership considers it its task in this case to

isolate Poland if possible, that is to say, to limit the war to

Poland only.

“The development of increasing internal crises in France and the

resulting British cautiousness might produce such a situation in

the not too distant future.

“Intervention by Russia, so far as she would be able to do this,

cannot be expected to be of any use for Poland, because this

would imply Poland’s destruction by Bolshevism.

“The attitude of the Baltic States will be determined wholly by

German military exigencies.

“On the German side Hungary cannot be considered a certain ally.

Italy’s attitude is determined by the Berlin-Rome Axis.”

Sub-heading 2, “Military Conclusions”:

“The great objectives in the building up of the German Armed

Forces will continue to be determined by the antagonism of the

Western Democracies. Fall Weiss constitutes only a precautionary

complement to these preparations. It is not to be looked upon in

any way, however, as the necessary prerequisite for a military

settlement with the Western opponents.

“The isolation of Poland will be more easily maintained, even

after the beginning of operations, if we succeed in starting the

war with heavy, sudden blows and in gaining rapid successes.

“The entire situation will require, however, that precautions be

taken to safeguard the western boundary and the German North Sea

coast, as well as the air over them.”

Let no one suggest that these are hypothetical plans or that the General

Staff and High Command group did not know what was in prospect. The

plans show on their face that they are no war game. But, to clinch this

point, let us refer briefly to Mr. Alderman’s so-called “pin-up”

document on Poland, Document L-79, Exhibit Number USA-27. These are

Schmundt’s notes on the conference in Hitler’s study at the Reich

Chancellery, Berlin, on 23 May 1939, when Hitler announced—and I quote

just one sentence:

“There is, therefore, no question of sparing Poland, and we are

left with the decision to attack Poland at the first suitable

opportunity.”

Note who was present besides Hitler and a few military aides: The

Defendant Göring, Commander-in-Chief of the Luftwaffe; the Defendant

Raeder, Navy; the Defendant Keitel, OKW; Von Brauchitsch,

Commander-in-Chief of the Army; Colonel General Milch, who was State

Secretary of the Air Ministry and Inspector General of the Luftwaffe;

General Bodenschatz, Göring’s personal assistant; Rear Admiral

Schniewind, Chief of the naval war staff; Colonel Jeschonnek, Chief of

the Air Staff; Colonel Warlimont, Planning Staff. All of them, except

Milch, Bodenschatz, and the adjutants, are members of the group.

So far these documents have shown us the initial and general planning of

the attack on Poland. These general plans, however, had to be checked,

corrected, and perfected by the field commanders who were to carry out

the attack.

I offer Document C-142, which will be Exhibit Number USA-538. This

document was issued in the middle of June 1939, and in this document Von

Brauchitsch, as Commander-in-Chief of the Army, passed on the general

outlines of the plan for the attack on Poland to the field

commanders-in-chief—to the Oberbefehlshaber of army groups and

armies—so that the field commanders could work out the actual

preparation and deployment of troops in accordance with the plans. This

is from Page 1 of the translation, and I quote:

“The object of the operation is to destroy the Polish Armed

Forces. High policy demands that the war should be begun by

heavy surprise blows in order to achieve quick results. The

intention of the Commander-in-Chief of the Army is to prevent a

regular mobilization and concentration of the Polish Army by a

surprise invasion of Polish territory and to destroy . . . the

mass of the Polish Army which is to be expected to be west of

the Vistula-Narev Line.”

I skip to the next paragraph:

“The army group commands and the army commands will make their

preparations on the basis of surprise of the enemy. There will

be alterations necessary if surprise should have to be

abandoned. These will have to be developed simply and quickly on

the same basis; they are to be prepared mentally to such an

extent that in case of an order from the Commander-in-Chief of

the Army they can be carried out quickly.”

THE PRESIDENT: What is the date of that document?

COL. TAYLOR: The date of that document is the middle of June 1939; I

believe it is the 15th or 14th of June 1939. The date is on the

original.

The next document is 2327-PS, which will be Exhibit Number USA-539. It

is signed by Blaskowitz. It is dated 14 June 1939, and it shows us an

Oberbefehlshaber at work in the field planning an attack. Blaskowitz at

that time was Commander of the 3rd Army Group and he became

Commander-in-Chief of the German 8th Army during the Polish campaign. I

read some extracts from this document found on Page 1 of the

translation:

“The Commander-in-Chief of the Army has ordered the working out

of a plan of deployment against Poland which takes into account

the demands of the political leadership for the opening of war

by surprise and for quick success.

“The order of deployment by the High Command of the Army, known

as Fall Weiss, authorizes the 3rd Army Group (in Fall Weiss 8th

Army headquarters) to give necessary directions and orders to

all commands subordinated to it for Fall Weiss.”

I skip to Paragraph 7 on Page 1:

“The whole correspondence on Fall Weiss has to be conducted

under the classification ‘top secret.’ This is to be disregarded

only if the content of a document, in the judgment of the chief

of the responsible command, is harmless in every way—even in

connection with other documents.

“For the middle of July a conference is planned where details of

the execution will be discussed. Time and place will be ordered

later on. Special requests are to be communicated to 3rd Army

Group before 10 July.”

That is signed, “The Commander-in-Chief of the 3rd Army Group, F.

Blaskowitz.”

I skip to Page 2 to read one further extract under the title at the top

of Page 2 of the translation, “Aims of Operation Fall Weiss”:

“The operation, in order to forestall an orderly Polish

mobilization, is to be opened by surprise with forces which are

for the most part armored and motorized, placed on alert in the

neighborhood of the border. The initial superiority over the

Polish frontier guards and surprise, both of which can be

expected with certainty, are to be maintained by quickly

bringing up other parts of the Army as well as by counteracting

the marching up of the Polish Army.

“Accordingly, all units have to keep the initiative against the

foe by quick action and ruthless attacks.”

Finally, a week before the actual attack on Poland, and when all the

military plans are laid, we find the group as defined in the Indictment

all in one place, in fact, all in one room. On August 23 the

Oberbefehlshaber assembled at Obersalzberg to hear Hitler’s explanation

of the timing of the attack and for political and diplomatic orientation

from the head of the State. This speech has already been read from at

length. It is found in Document 798-PS, Exhibit Number USA-29; and I

pass over it, except to note and emphasize that it is addressed to the

very group defined in the Indictment as the General Staff and High

Command group. It is, incidentally, the second of the two examples

referred to in the affidavits by Halder and Brauchitsch, Numbers 1 and

2, which I read previously.

We have now come to the point where Germany actually launched the war.

Within a few weeks, and before any important action on the Western

Front, Poland was overrun and conquered; German losses were

insignificant.

The three principal territorial questions mentioned in the Blomberg and

Blaskowitz affidavits were all solved. The Rhineland had been reoccupied

and fortified; Memel was annexed; the Polish Corridor had been annexed.

And a good deal more, too: Austria, a part of the Reich; Czechoslovakia

occupied; all of western Poland in German hands. Germany was superior in

arms and in experience to her Western enemies, France and England.

Then came the 3 black years of the war, 1939, 1940, and 1941, when

German armed might swung like a great scythe from north to south to

east: Norway and Denmark; the Low Countries; France; Italy became an

ally of Germany; Tripoli and Egypt; Yugoslavia and Greece; Romania,

Hungary, and Bulgaria became allies; the western part of the Soviet

Union overrun.

I would like to deal as a whole with this period from the fall of Poland

in October 1939 to the attack against the Soviet Union in June of 1941.

In this period occurred the aggressive wars in violation of treaties, as

charged in the Indictment, against Norway, Denmark, Holland, Belgium,

Luxembourg, Yugoslavia, and Greece.

I cannot improve on or add much to the presentation of these matters by

the British Delegation. From the standpoint of proving Crimes against

Peace, our case is complete. But I would like to review this period

briefly from the military standpoint and view it as the German military

leaders viewed it. And of one thing we may be sure: neither the Nazis

nor the generals thought during this period in terms of a series of

violations of neutrality and treaties. They thought in terms of a war, a

war of conquest, a war for the conquest of Europe. Neutrality, treaties,

non-aggression pacts—these were not the major considerations. They were

annoying obstacles, and devices had to be formed and excuses

manufactured to fit the circumstances.

Von Blomberg has told us in his affidavit, which I have read, that after

1939 some generals began to condemn Hitler’s methods and lost confidence

in his judgment. Which particular Hitler methods some of the generals

condemned is not stated, but I think the Tribunal will not hear any

substantial evidence that many of the generals condemned the march of

conquest during the years 1939 to 1941. In fact the evidence is rather

that most of the generals were having the time of their lives during

those years.

Six weeks after the outbreak of war and upon the successful termination

of the Polish campaign, 9 October 1939, there was issued a memorandum

and directive for the conduct of the war in the West. This is Document

Number L-52, and becomes Exhibit Number USA-540. It is not signed. It

was distributed only to the four service chiefs, Keitel, Brauchitsch,

Göring, and Raeder. From the wording there is every indication that it

was issued by Hitler. I will read the pertinent extracts, starting with

Page 2 of the document, about two-thirds of the way down in the first

paragraph, starting with the words, “The aim of the Anglo-French conduct

of war”:

“The aim of the Anglo-French conduct of war is to dissolve or

disintegrate the 80-million-state”—meaning Germany—“again so

that in this manner the European equilibrium, in other words,

the balance of power which serves their ends, may be restored.

This battle, therefore, will have to be fought out by the German

people one way or another. Nevertheless, the very great

successes of the first month of the war could serve, in the

event of an immediate signing of peace, to strengthen the Reich

psychologically and materially to such an extent that from the

German viewpoint there would be no objection to ending the war

immediately, insofar as the present achievement with arms is not

jeopardized by the peace treaty.

“It is not the object of this memorandum to study the

possibilities in this direction, or even to take them into

consideration. In this paper I shall confine myself exclusively

to the other case: the necessity to continue the fight, the

object of which, as already stressed, consists, insofar as the

enemy is concerned, in the dissolution or destruction of the

German Reich. In opposition to this the German war aim is the

final military dispatch of the West, that is, destruction of the

power and ability of the Western Powers ever again to be able to

oppose the state consolidation and further development of the

German people in Europe. As far as the outside world is

concerned, however, this internal aim will have to undergo

various propaganda adjustments, necessary from a psychological

point of view. This does not alter the war aim. It is and

remains the destruction of our Western enemies.”

I now pass to Page 3 of the translation, Paragraph 2, and the subheading

“Reasons”:

“The successes of the Polish campaign have made possible first

of all a war on a single front, awaited for past decades without

any hope of realization; that is to say, Germany is able to

enter the fight in the West with all her might, leaving only a

few covering troops in the East. The remaining European states

are neutral either because they fear for their own fates or lack

interest in the conflict as such or are interested in a certain

outcome of the war, which prevents them from taking part at all,

or at any rate too soon. The following is to be, firmly borne in

mind. . . .”

At this point I interpolate that here follows a succession of references

to countries, and I pass to Belgium and Holland at the foot of Page 3:

“Belgium and Holland: Both countries are interested in

preserving their neutrality but incapable of withstanding

prolonged pressure from England and France. The preservation of

their colonies, the maintenance of their trade, and thus the

securing of their interior economy, even of their very life,

depend wholly upon the will of England and France. Therefore in

their decisions, in their attitude, and in their actions both

countries are dependent upon the West in the highest degree. If

England and France promise themselves a successful result at the

price of Belgian neutrality, they are at any time in a position

to apply the necessary pressure. That is to say, without

covering themselves with the odium of a breach of neutrality,

they can compel Belgium and Holland to give up their neutrality.

Therefore, in the matter of the preservation of Belgo-Dutch

neutrality, time is not a factor which might promise a favorable

development for Germany.”

The final paragraph to be read is as follows:

“The Nordic States: Provided no completely unforeseen factors

appear, their neutrality in the future is also to be assumed.

The continuation of German trade with these countries appears

possible even in a war of long duration.”

Six weeks later, on 23 November 1939, our group as defined in the

Indictment—the Oberbefehlshaber—again assembled, as found in Document

Number 789-PS, already in the record as Exhibit Number USA-23, and heard

from Hitler much of what he had said previously to the four service

chiefs. This speech, part of which is already in the record, contains

other portions, not previously read, which are now of interest; and the

first extract which I would like to read is on Page 2 of the

translation, about half-way down in Paragraph 1, starting with the

words, “For the first time in history we have to fight only on one front

. . .” I quote:

“For the first time in history we have to fight only on one

front; the other front is at present free. But no one can know

how long that will remain so. I have doubted for a long time

whether I should strike first in the East and then in the West.

In principle I did not organize the Armed Forces in order not to

strike. The decision to strike was always in me. Sooner or later

I wanted to solve the problem. Inevitably it was decided that

the East was to be annihilated first. If the Polish war was won

so quickly, it was due to the superiority of our Armed Forces.

The most glorious experience in our history. Unexpectedly small

expenditures of men and material. Now the Eastern front is held

by only a few divisions. It is a situation which we viewed

previously as unachievable. Now the situation is as follows: The

opponent in the West lies behind his fortifications. There is no

possibility of coming to grips with him. The decisive question

is: How long can we endure this situation?”

Passing to Page 3 of that document, line 3:

“Everything is determined by the fact that the moment is

favorable now; in 6 months it might not be so any more.”

The final passage on Page 4 of the translation, in the long paragraph

about half-way down, beginning, “England cannot live without its

imports. We can feed . . .”:

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 04 · 第 13 / 17 章