aforesaid Agreement, the German Government had placed certain
economic barriers against trade between Germany and Austria such
as—to-wit—the 1,000 mark barrier which said barrier provided
that any German citizen who crosses the border of Germany into
Austria is obliged to pay to the German Government the sum of
1,000 German Reichs Marks for the privilege thereof—Austria had
been accustomed before this edict of the German Government to
receive into Austria some one hundred thousand visitors from
Germany annually.
“I further state that the aforesaid barrier placed against
Austria was extremely injurious to Austrian agriculture and
industrial interests.” (_2994-PS_)
Jodl stated in his diary that in 1938 the aim of German policy was the
elimination of Austria and Czechoslovakia. The will of resistance in
both countries was undermined by pressure on the government as well as
by propaganda and the fifth column. At the same time German military
preparations for attack were worked out (_1780-PS_). (“Case Otto” was
the code name for the Austrian campaign, and “Case Green” was the code
name for the battle plans against Czechoslovakia.)
Jodl also stated in his diary that when Chancellor von Schuschnigg
announced the proposed plebiscite for 13 March 1938, Hitler was
determined to intervene. Goering, General Reichenau, and Minister
Glaise-Horstenau were called before Hitler. “Case Otto” was to be
prepared, and the mobilization of army units and air forces was ordered
on 10 March 1938. The march into Austria took place on 11 March 1938.
(_1780-PS_).
(12) _Hitler and the Nazi conspirators completed the annexation of
Austria by decree._ On 11 March 1938 Hitler issued a directive regarding
“Case Otto” addressed to the German armed forces, classified Top Secret,
in which he stated that, if other measures proved useless, his
intentions were to invade Austria with armed force. The directive
prescribed operational duties and assigned objectives. It further
provided that resistance was to be broken up ruthlessly with armed
force. (_C-102_)
Later on that same day, at 8:45 p. m., Hitler issued a second directive,
which stated in substance, that the demands of the German ultimatum to
Austria had not been fulfilled, and for that reason the entry of German
armed forces into Austria would commence at daybreak on 12 March 1938.
He directed that all objectives were to be reached by exerting all
forces to the full as quickly as possible. (_C-182_)
On 13 March 1938 Germany in violation of Article 80 of the Treaty of
Versailles, formally incorporated Austria into the Reich by decree and
declared it to be a province of the German Reich. (_2307-PS_)
Officials of the Province of Austria were then required by decree to
take an oath of personal obedience to Hitler. Jews were barred from
taking this oath, and thus could not retain offices and positions
previously held. (_2311-PS_)
Members of the Austrian Army were required to take an oath of personal
allegiance to Hitler as their Supreme Commander. (_2936-PS_)
Compulsory military service was instituted in Austria by law, which
provided the Greater German Reich with additional manpower for its armed
forces. (_1660-PS_)
(13) _Seyss-Inquart participated in the execution of the plans for
aggression against Czechoslovakia._ In an official report to Viscount
Halifax, Basil Newton, an official of the British Government, related
some of the “gangster methods employed by the Reich to obtain its ends
in Czecho-Slovakia.” The part played by Seyss-Inquart was described in
this report in the following words:
“On M. Sidor’s return to Bratislava, after he had been entrusted
with the Government in place of Mgr. Tiso, Herr Buerckel, Herr
Seyss-Inquart and five German generals came at about 10 pm on
the evening of Saturday, the 11th March, into a Cabinet meeting
in progress at Bratislava, and told the Slovak Government that
they should proclaim the independence of Slovakia. When M. Sidor
showed hesitation, Herr Buerckel took him on one side and
explained that Herr Hitler had decided to settle the question of
Czecho-Slovakia definitely. Slovakia ought, therefore, to
proclaim her independence because Herr Hitler would otherwise
disinterest himself in her fate. M. Sidor thanked Herr Buerckel
for this information, but said that he must discuss the
situation with the Government at Prague.” (_D-571_)
Hitler expressed his intention to crush Czechoslovakia in the following
language:
“‘At Munich I did not take Bohemia and Moravia into the German
territorial sphere [“_Lebensraum_”]. I left the Czechs only
another five months, but for the Slovaks I have some sympathy. I
approved the Award of Vienna in the conviction that the Slovaks
would separate themselves from the Czechs and declare their
independence, which would be under German protection. That is
why I have refused Hungarian demands in respect of Slovakia. As
the Slovaks appear to be agreeing with the Czechs it looks as
though they have not respected the spirit of the Vienna Award.
This I cannot tolerate. To-morrow at mid-day I shall begin
military action against the Czechs, which will be carried out by
General Brauchitsch’ (who was present and to whom he pointed).
‘Germany,’ he said, ‘does not intend to take Slovakia into her
“_Lebensraum_,” and that is why you must either immediately
proclaim the independence of Slovakia or I will disinterest
myself in her fate. To make your choice I give you until
to-morrow mid-day, when the Czechs will be crushed by the German
steam-roller.’” (_D-571_)
Ribbentrop and von Neurath also participated in the execution of the
Nazi plot to obliterate Czechoslovakia as a nation. (_D-571_)
The use of pressure, fifth columnists, and propaganda to undermine
resistance in Czechoslovakia, and the preparation of military plans for
the attack upon that country were all noted by Jodl in his diary.
(_1780-PS_)
Before the annexation of Austria by Germany Seyss-Inquart was in
communication and contact with Konrad Henlein, the leader of the Sudeten
German Nazis in Czechoslovakia. On 29 December 1937 Seyss-Inquart wrote
a letter to Henlein in encouraging terms and extended his warmest
sympathy and hope for the success of the Sudeten Germans (_3523-PS_).
Henlein thereafter replied in a letter to Seyss-Inquart dated a few days
after the German annexation of Austria had been accomplished. In this
letter Henlein expressed his pride in the fact that Seyss-Inquart, born
a Sudeten German, had fulfilled the task determined by the Fuehrer in
the most decisive hour of German history. He also thanked Seyss-Inquart
for the effect and influence the developments in Austria would have in
the Sudetenland. (_3522-PS_)
C. _SEYSS-INQUART PARTICIPATED IN THE POLITICAL PLANNING AND PREPARATION
OF THE NAZI CONSPIRATORS FOR WARS OF AGGRESSION AND WARS IN VIOLATION OF
INTERNATIONAL TREATIES, AGREEMENTS, AND ASSURANCES SET FORTH IN COUNTS
ONE AND TWO OF THE INDICTMENT._
The German Reichstag came under the control of the Nazi conspirators
with the advent of Hitler into the German Government and became a
willing tool in the hands of Hitler and the conspirators. (See Sections
2, 3, and 4 of chapter VII on the acquisition and consolidation of
totalitarian political control, and terrorization of political
opponents.)
The members of the Reich Cabinet were the accomplices, aiders and
abettors of Hitler and his closest Nazi lieutenants in the political
planning and preparation for Wars of Aggression and Wars in Violation of
International Treaties, Agreements and Assurances. (See section 3 of
chapter XV on the Reich Cabinet.)
Seyss-Inquart was a member of the Reichstag and of the Reich Cabinet
before the invasion of Poland, and occupied those positions until the
unconditional surrender of Germany. Thus he is equally responsible for
the acts and decisions of the members of those governmental bodies
concerning the political planning and preparation of the Nazi
Conspirators for Wars of Aggression and Wars in Violation of
International Treaties, Agreements and Assurances set forth in Counts
One and Two of the Indictment. (_2910-PS_)
D. _SEYSS-INQUART AUTHORIZED, DIRECTED, AND PARTICIPATED IN THE
CONSPIRACY TO COMMIT WAR CRIMES AS SET FORTH IN THE INDICTMENT._
(1) _Austria._
(_a_) _Position and authority of Seyss-Inquart._ Seyss-Inquart was
appointed Reich Governor of Austria by Hitler on 15 March 1938, and was
put in charge of the Civil Administration. Austria had then ceased to
exist as an independent nation and was a province of the German Reich.
(_2910-PS_; _3425-PS_)
Goering, as Delegate for the Four-Year Plan, commissioned Seyss-Inquart,
who was then _Reichsstatthalter_ in Austria, jointly with the
Plenipotentiary of the Reich, to consider and take any steps necessary
for the “Aryanization of business and economic life, and to execute this
process in accordance with our laws” (Laws of the Reich). (_3460-PS_)
Seyss-Inquart participated in the drafting of laws for the sequestration
and confiscation of property of the so-called “enemies of the people and
State.” Evidence of this fact is found in the correspondence between
Seyss-Inquart and Dr. Lammers, Chief of the Reichs Chancellery. On 24
October 1938 Seyss-Inquart wrote a letter to Dr. Lammers stating in
substance that the law providing for the sequestration and confiscation
of the property of enemies of the State was almost completed and ready
for the signature of the Fuehrer, and expressing hope that the signature
would be obtained soon. Dr. Lammers replied to Seyss-Inquart that the
decree would be issued by the Reichsministerof the Interior, a copy of
which had been submitted to Hitler, who had expressed no objections.
(_3448-PS_; _3447-PS_)
The power and authority of Seyss-Inquart with respect to the
sequestration and confiscation of the property of “enemies of the State”
stemmed from a decree empowering the _Reichsstatthalter_ in Vienna, or
the office designated by him, to confiscate property of persons or
societies which had promoted efforts inimical to the people of the
State. This decree also attempted to legalize the confiscation of
property ordered by the Secret State Police prior to the issuance of the
decree. (_3450-PS_) This decree appeared to be a secret law, because it
was not published. Yet its existence as law is evidenced by a letter
written to the Reichsfuehrer SS and Chief of the German Police, Himmler,
in January 1939, which shows that the decree was in fact issued on 18
November 1938. (_3449-PS_)
(_b_) _Murder and illtreatment of civilians._ Seyss-Inquart was aware
that so-called enemies of the State were imprisoned in concentration
camps. His knowledge of this matter is evidenced by his claim of credit
for the transfer of his predecessor—Chancellor of Austria, von
Schuschnigg—from one concentration camp to another in south Germany
which was in the path of the armed forces of the United States.
(_3254-PS_)
One of the most notorious concentration camps was Mauthausen, located in
Austria and in existence while Seyss-Inquart was the Reich Governor of
the Province of Austria. As has already been shown, this camp became
noted as an extermination center. (_2176-PS_)
(_c_) _Plunder of public and private property._ Even before the issuance
of the above decree for the sequestration and confiscation of the
property of the so-called enemies of the State, Seyss-Inquart wrote a
letter to Hitler indicating that he had come into possession of from 700
to 900 valuable tapestries. Seyss-Inquart offered to display the most
beautiful pieces so that the Fuehrer might make a selection. In this
same letter Seyss-Inquart expressed his pride and wonder over the manner
in which Hitler had “solved the Sudeten problem.” (_3391-PS_)
While Seyss-Inquart was Reich Governor of the Province of Austria a
large quantity of valuable property, including works of art, belonging
to the so-called enemies of the State, was seized, sequestered, and
confiscated. A partial list of such property is found in a memorandum
which referred to a report of the Reich Fuehrer SS and Chief of the
German Police submitted with a letter dated 10 August 1938 and received
in Berlin 26 September 1938. This inventory listed a total of 162 cases
of confiscation, of which 113 cases had a value of some 93,366,358.24
marks. It is significant that the former owners of this property were
Jews and political opponents of the Nazis. (_3446-PS_)
(2) _Poland._
(_a_) _Position and authority._ Seyss-Inquart was appointed Deputy
Governor General of the Polish Occupied Territory by Hitler’s decree of
12 October 1939, which also appointed Hans Frank Governor General of the
Polish Occupied Territory. The official title of the government of
Poland under the Nazi conspirators was the “General Government”
(_3147-PS_). Prior to his appointment as Deputy Governor General of the
Polish Occupied Territory from the early part of September 1939 to 12
October 1939, Seyss-Inquart was Chief of the Civil Administration of
South Poland (_2910-PS_). Seyss-Inquart as Deputy Governor General of
the Polish Occupied Territory was second only to the Governor General,
Frank. (_2233-CC-PS_)
The Chief of the Office of the Governor General of the Polish Occupied
Territory and the Higher SS and Police Leaders were directly subordinate
to the Governor General and his representative. In turn the leaders of
the General and Security Police were subordinated to the Higher SS and
Police Leaders. (_3468-PS_)
According to Hans Frank, Seyss-Inquart organized the General Government
of Poland. When Seyss-Inquart was about to depart to assume his new
duties as Reich Commissar for the Occupied Netherlands, Frank eulogized
Seyss-Inquart as follows:
“In the construction of the General-Government, your name will
forever take a place of honor as originator of this organization
and State system. I express our thanks, Mr. Reichsminister, for
your collaboration and for your creative energy in the name of
all officers, employees, and laborers, of all SS organizations
and the whole police force of the General-Government, and in the
name of the District Chiefs, the Gau and city leaders, in the
name of all otherwise on the order of the Reich and the Fuehrer
her active persons. * * *” (_3465-PS_)
During November 1939 Seyss-Inquart made a tour of inspection in Poland.
While on this tour he gave lectures to the German officials of the
General Government of Poland concerning their duties and German
administrative policy in that country. He told these officials that the
only principal aim of that policy was to satisfy the interests of the
Reich and that they should promote everything of use to the Reich and
hamper all that might damage the Reich. He instructed the officials that
the German Government must utilize the General Government of Poland for
German economic purposes. (_2278-PS_)
(_b_) _Murder and illtreatment of the civilian population of occupied
territories._ While Seyss-Inquart was on the aforesaid tour of
inspection, a Dr. Lasch, who was a District Governor, reported to
Seyss-Inquart that all criminals found in the penitentiaries were shot.
The executions, however, were conducted in closed-off wooded areas and
not in public. (_2278-PS_)
In his report concerning his tour of inspection Seyss-Inquart stated
that the intellectuals of Poland were to a greater part locked up. He
also passed on the suggestion made by District Governor Schmidt to use
the “moorish” country around Cychov, Poland, as a reservoir for Jews
because this measure might have a decimating effect upon the Jewish
population of Poland. (_2278-PS_)
Hans Frank, in his capacity as Governor General of the Polish Occupied
Territory, made an official report to Hitler in which he stated that, in
the course of time, the German rule had led to a substantial
deterioration in the “attitude” of the entire Polish people due to
malnutrition, mass arrests, mass shootings, and rigorous methods used to
obtain forced labor. In this report it was admitted that before 1939 the
food supply of the Polish people was quite adequate to sustain them.
(_437-PS_)
(_c_) _Plunder of public and private property._ During the aforesaid
tour of inspection Seyss-Inquart ordered the seizure of all soap stocks,
and informed the German officials that the seizure of soap and tea was
to be regarded as most important. In addition he ordered a marshalling
of goods such as oil, salt, manures, etc., in monopolies such as
cooperative societies. He also directed that the Polish unemployment
fund in a considerable amount be diverted to the repair of damaged
buildings. (_2278-PS_)
Frank in his report to Hitler stated that there had been a confiscation
of a great part of Polish estates, together with encroachments upon and
confiscation of the assets of industries, trades, professions, and other
private property. (_437-PS_)
(_d_) _Conscription of civilian labor._ Seyss-Inquart, as Deputy
Governor General of the Polish Occupied Territory, attended most staff
meetings held by Frank, the Governor General. Among the subjects
discussed and decided upon at those meetings was the conscription and
deportation of vast numbers of Polish nationals to the Reich for forced
labor. Some of these deportees were employed in instruments of war
production in violation of Articles 6, 23h, 46, and 52 of the Hague
Regulations 1907, as well as the Prisoner of War Convention (Geneva
1929). On 11 January 1940 one Frauendorfer reported in the presence of
Seyss-Inquart that daily transports, each carrying 1,000 workers, were
going to the Reich. Thus Seyss-Inquart aided and abetted in these
violations. (_2233-B-PS_)
According to Frank approximately 160,000 agricultural workers and 50,000
industrial workers were conscripted and deported from Poland to the
Reich up to and including 21 April 1940. Because the total quota had
been fixed at 500,000 and because there were not enough “voluntary
enlistments”, solution to the problem was sought in the use of coercive
measures. Seyss-Inquart participated actively in the discussions on this
matter, and thus aided materially in the solution of the problem.
(_2233-N-PS_)
(_e_) _Germanization of occupied territories._ The Nazi government of
the Polish Occupied Territory was determined to make Poland entirely
German. (Evidence of this intention is discussed in Chapter XIII.) In
addition, Frank in his report to Hitler reported that there had been an
expropriation of property and expulsion of Polish nationals therefrom
for German settlements in Poland. (_437-PS_)
(3) _The Netherlands._
(_a_) _Position and authority of Seyss-Inquart._ Seyss-Inquart was
appointed Reich Commissar for the occupied Netherlands territories by
decree of Hitler dated 18 May 1940. This decree made Seyss-Inquart
“guardian of the interests of the Reich” and invested him with “supreme
civil authority.” Seyss-Inquart was made responsible only to Hitler, and
empowered to promulgate laws by decree for the occupied Netherlands
territories. (_1376-PS_; _2910-PS_)
(_b_) _Abrogation and modification of Netherlands legislation not
justified by military necessity._ In his capacity as Reich Commissar of
the occupied Netherlands territories Seyss-Inquart authorized and
directed the abrogation or modification of Netherlands legislation not
demanded or justified by military exigency. This action was in violation
of Article 43 of the Hague Regulations, 1907.
The acts abolished included Provincial and Municipal Laws. (_3340-PS_;
_3342-PS_)
Ordinary criminal laws not in conflict with the permissible objectives
of the occupying power were abrogated, suspended, or radically changed.
Administrative courts martial were established by decree of
Seyss-Inquart as Reich Commissar which empowered the Leader of the
Superior SS and the Police and Special Agents appointed by the Reich
Commissar to deviate from existing law. This decree also prescribed
harsh penalties for misdemeanors, extending from 10 years to life
imprisonment, and include the death penalty (i) for participation in
“activities likely to disturb or endanger public order and security” and
(ii) for intentional violation of the orders of the Reich Commissar.
(_2111-PS_)
Existing marriage laws were amended by Seyss-Inquart so as to require
approval of the Reich Commissar instead of the consent of parent or
guardian in the case of Dutch girls. The statutory waiting period was
also abolished. Thus, intermarriage of Germans with female persons of
Netherlands nationality were facilitated and promoted. (_3339-PS_)
Existing legislation concerning Netherlands nationality was modified by
Seyss-Inquart so as to favor Germany. (_3341-PS_)
Additional decrees not justified or demanded by the military interests
of the occupant were issued by Seyss-Inquart as Reich Commissar. These
decrees amended or superseded and distorted existing laws concerning
press, education, social services, corporate life, trade unionism,
medical care, art, science, and divers phases of the political, social,
economic, and industrial life of the Netherlands. Some of these
enactments, including the discriminatory decrees against the Jews, are
considered in greater detail hereafter. (_1726-PS_)
(_c_) _Germanization of Netherlands Territory._ Seyss-Inquart in his
capacity as Reich Commissar for the occupied Dutch Territory, took
affirmative steps to assimilate the territory under his jurisdiction
politically, culturally, socially, and economically into the German
Reich. This action violated Articles 43, 46, 55, and 56 of the Hague
Regulations, 1907, the laws and customs of war, the general principles
of criminal law, the internal penal laws of the countries in which such
crimes were committed, and Article 6 (b) of the Charter.
The more offensive crimes in the above category, such as economic
exploitation and enforced conscription are considered in detail
elsewhere in this section. Other “Germanization” measures, such as the
decrees promoting marriage between German males and female
Netherlanders, and altering citizenship laws in favor of Germany, have
been previously adverted to.
When he assumed office on 29 May 1940, Seyss-Inquart said in a speech at
The Hague:
“We neither will oppress this land and its people
imperialistically nor will we impose on them our political
convictions. We will bring this about in no other way—only
through our deportment and our example.” (_3430-PS_)
The _bona fides_ of the above statement is belied by a public statement
made by Seyss-Inquart two years later. In a speech at Hengelo on 19 May
1943 he revealed his true purpose:
“Several times it has been held against me that I have let
national socialism come to the fore in all phases in public
life. As far as I am concerned that is no reproach, it is a
historical mission, which I have to fulfill here.” (_3430-PS_)
Full disclosure of Seyss-Inquart’s intentions and actions with respect
to nazification and exploitation of Holland was made in a Top Secret
report prepared by him and sent to Berlin covering the situation in the
Netherlands during the period 29 May to 19 July 1940. This report was
forwarded by Lammers of the Reich Chancellery to Rosenberg.
Seyss-Inquart prefaces the report by describing his mission as not
merely the guarding of Reich interests and maintaining order, but also
the building of close economic ties between the Netherlands and the
Reich. The report catalogues in considerable detail the measures
initiated by Seyss-Inquart, discusses the building up of the NSDAP in
the Netherlands, and adverts to the proposed creation of Nazi
para-military and corresponding organizations. It also mentions the
efforts made to bring about an assimilation of interests between Holland
and Germany in the fields of economics and agriculture, culture, art,
and science. The report points out that the allocation of supplies made,
and financial and currency arrangements prescribed, were favorable to
the Reich; that such transactions were signed by Dutch officials so that
the “appearance of being voluntary” was preserved. (_997-PS_)
(_d_) _Spoliation of property._ In his capacity as Reich Commissar for
the Occupied Netherlands territory Seyss-Inquart authorized, directed,
and participated in the exploitation of the material resources of the
Occupied Netherlands territory for purposes unrelated to the needs of
the Army of Occupation. These acts were all in violation of Article 6
(b) of the Charter and Articles 43, 46-49, 52 of the Hague Regulations,
1907.
These crimes, for which Seyss-Inquart is responsible not only by virtue
of his position as the dominant civil representative of the Reich
Government in the Occupied Netherlands territory but also because of his
direct participation in the initiation and execution of such criminal
policies, took the following form:
Control and exploitation of the Netherlands economy in the interest of
the German total war effort.
Levy of excessive occupation charges on the Netherlands.
Exaction of large sums of money and gold as “external occupation costs,”
or “contributions to the war against Bolshevism.”
Requisitioning of gold and foreign exchange of Dutch nationals for
purposes unrelated to the needs of the occupation army.
Use of German reichsmarks as currency in the Netherlands for purposes
unrelated to the needs of the occupation army, with compulsory free
exchange of such Reichsmarks for gulden by the Netherlands Bank.
(Evidence of the foregoing methods of exploitation of the occupied
Netherlands and correlative enrichment of the Reich is discussed in
Chapter XIII.)
The Nazi conspirators were measurably aided in executing the foregoing
policies in Holland by the cooperation of a local Nazi, Rost van
Tonnigen, who was appointed President of the Netherlands Bank and
Treasurer in the Netherlands Ministry of Finance by Seyss-Inquart in the
spring of 1941. The cooperative spirit with which van Tonnigen
discharged his responsibilities in these posts was disclosed in the
following excerpt from a report of the German Commissar of the
Netherlands Bank:
“The new President of the Netherlands Bank, Mr. Rost van
Tonnigen, is, in contrast to a large part of the leadership,
penetrated in his movements and his official acts by the greater
German thought, and convinced of the necessity of the creation
of a greater European economic space. This ideological attitude
in itself gives him the correct position on financial and
monetary policy questions for his country in relation to the
greater German economic space. Furthermore it makes easier
cooperation with my office, a fact which deserves special
mention in consideration of the frequently observed impossible
conduct of the Netherlands agencies before the entrance into
office of the new President. I consider as a fortunate solution
the fact that the Reichskommissar for the Occupied Dutch Areas
has also entrusted Mr. Rost van Tonnigen with the Treasury of
the Ministry of Finance [_Schatzamt des Finanzministeriums_].
Mr. Rost van Tonnigen took over this office at the end of the
month of April. Thus there is a guarantee that the financial and
monetary policy of the country will be conducted according to
unified points of view.” (_ECR-174_; see also
_Verordnungsblatt_, No. 22, 24 August 1940 (Fourth Order of the
Reich Commissar for the Occupied Netherlands concerning certain
Administrative Measures); _Lemkin_, “Axis Rule in Occupied
Europe,” pp. 455-456.)
In addition to the responsibility which attaches to Seyss-Inquart as a
result of his dominant position in the Netherlands, his appointment of
Nazi-minded individuals to key positions, and his complete knowledge of
and acquiescence in illegal Nazi policies, there is conclusive evidence
of his initiation of such policies. In April 1942 “at the instigation of
the Reich Commissar Seyss-Inquart” the Netherlands began to pay a
“voluntary contribution to the war against Bolshevism” of 50,000,000
gulders per month, retroactive to 1 July 1941, of which ten million per
month was paid in gold. (_ECR-195_)
By 31 March 1944, this contribution amounted to 2,150,000,000 RM.
(_EC-86_)
The alleged “voluntary” character of the contribution is to be taken
with considerable reserve in view of the admission contained in
Seyss-Inquart’s Top Secret report of 29 May to 19 July 1940, that the
voluntary nature of previous financial and economic measures was in
reality fictional. (_997-PS_)
However, the question whether or not the contribution is to be deemed at
the direction of Seyss-Inquart or was in fact “voluntary” is immaterial.
It is manifest that the then President of the Netherlands Bank and
Treasurer in the Ministry of Finance, van Tonnigen, acted in the German
interest and to the detriment of the Netherlands. His acts are
attributable to the responsible head of the German Civil Administration
in the Netherlands and the individual to whom he owed his appointment,
Seyss-Inquart.
(_e_) _Participation in activities of Einsatzstab Rosenberg._
Seyss-Inquart, in his capacity as Reich Commissar for the Occupied
Netherlands territory, also cooperated with and acquiesced in the
activities of the _Einsatzstab Rosenberg_ in the territory under his
jurisdiction. He is therefore responsible for his actions in this
regard, which constituted crimes under Article 6 (b) of the Charter and
violations of Articles 46, 47, and 56 of the Hague Regulations, 1907.
(The _Einsatzstab Rosenberg_, which commenced as a research library
project, developed into a systematic program for the wholesale looting
of art treasures and cultural objects in the conquered territories. Its
activities are discussed in Chapter XIV.)
Implication of Seyss-Inquart in the criminal activities of the
_Einsatzstab Rosenberg_ is revealed in a detailed progress report of its
chief Netherlands representative, Schimmer. The first paragraph of this
report states as follows:
“The Working Group Netherland of the _Einsatzstab Reichsleiter
Rosenberg_ began its work in agreement with the competent
representative of the Reichkommissar during the first days of
September 1940. The execution of the post, conforming with the
Fuehrer’s orders, coordinated itself with the liquidation, that
is confiscation, according to civil law, of the various
subversive institutions—as set forth in the circulars of the
OKW, dated 5 July 1940, and of the Chief of the OKW to the
Commander in Chief of the _Wehrmacht_ in France, dated 17
September 1940, as well as to the Commander in Chief of the OKW
in the Netherlands, dated 30 October 1940. The screening of the
material of the various Masonic lodges was taken care of
primarily, and the library and the archives of the following
lodges were sifted and all useful material was packed.”
(_176-PS_)
There follows the specification of some 92 Masonic IOOF Lodges and
Rotary Clubs which were screened and yielded 470 cases of valuable
objects. Also, a large number of libraries and scientific and cultural
institutions were listed with the statement that all books and archives
contained therein were being catalogued preparatory to shipment to
Germany. (_176-PS_)
The report concludes with the following statement indicating close
integration in the Netherlands between Rosenberg’s program of grand
larceny and Seyss-Inquart’s anti-Jewish program, viz:
“The Working Group, in executing the afore-mentioned tasks, is
bound strictly to the pace set by the Reichskommissar for the
handling of the Jewish questions and that of the international
organizations. This pace again is determined by the political
evolution which is taking shape according to decisions made on a
higher level, and which must not be hampered by individual
acts.” (_176-PS_)
Other documents captured from Rosenberg’s files remove any doubt
whatever as to Seyss-Inquart’s full knowledge of the criminal activities
of the _Einsatzstab Rosenberg_ in Holland and his participation therein.
On 11 September 1944 Rosenberg informed Seyss-Inquart by letter that
orders had been issued for the seizure and transportation to Germany of
the library of the Social Institute in Amsterdam. (_091-PS_; see also
_1621-PS_, a secret letter from Reichsfuehrer SS (Himmler) ordering SS
Gen. Rauter in the Hague to seize medical apparatus at the Universities
of Leyden and Utrecht with the aid of Seyss-Inquart.)
(_f_) _Conscription of civilian labor._ In his capacity as Reich
Commissar for the occupied Netherlands territories Seyss-Inquart
authorized and directed the deportation of vast numbers of Netherlands
nationals to the Reich for forced labor in the instruments of German war
production. These acts were all in violation of Articles 6 (b) and (c)
of the Charter; Articles 6, 23h, 46, and 52 of the Hague Regulations,
1907 (_3737-PS_); and the Prisoner of War Convention, Geneva, 1929.
(_3738-PS_)
The deportation program in the Netherlands was initiated on 20 June
1940, five weeks after the occupation of that country. The Germans at
first deported only the unemployed, threatening them with curtailment of
their dole for refusal. Thereafter in 1942 measures were taken to draft
employed workmen. Dutch business concerns were combed in
“Sauckel-actions” for available workers, who were forced to register at
the labor offices. Workmen who refused were prosecuted by the SD,
committed to one of the prisoners’ camps in the Netherlands, and
eventually put to work in Germany. By the end of April 1942 the program
was in full operation, and not less than 22,000 workers were deported
that month. Many Belgian concerns not considered essential were closed
down to release manpower for deportation to Germany or for work in Dutch
industries deemed essential to the German war effort. New measures of a
drastic nature were inaugurated in the spring of 1943. All males between
18 and 35 were forced to register for “_arbeitseinsatz_” (war effort),
which was synonymous with deportation. As time elapsed and the German
military situation deteriorated, the measures taken became increasingly
more ruthless. Whole sections of a town were lined off and people were
seized in the streets or in their homes and transported to Germany. A
total of approximately 431,500 Netherlands workers were deported to
Germany and other foreign countries. (_1726-PS_)
Illustrative of the participation of Seyss-Inquart in the slave labor
program are four proclamations which he caused to be issued, calling up
Dutch civilians between certain ages for forced labor and threatening
them with shooting in the case of noncompliance. (_1162-PS_)
Sauckel, General Plenipotentiary for the Employment of Labor, on 5
October 1945 disclosed, under oath, the part played by Seyss-Inquart in
the forced recruitment of Dutch workers for German war production. The
following is an excerpt from an interrogation of Sauckel:
“Q. For a moment I want to turn our attention to Holland. It is
my understanding that the quotas for the workers for Holland
were agreed upon, and then the numbers given to the
Reichskommissar Seyss-Inquart to fulfill. Isn’t that correct?
“A. Yes, that is correct.
“Q. After the quota was given to Seyss-Inquart, it was his
mission to fulfill it with the aid of your representatives, was
it not?
“A. Yes. This was the only possible thing for me to do and the
same applied to the other countries.” (_3722-PS_)
Seyss-Inquart has himself acknowledged under oath his active
participation in deporting 250,000 Netherlands workmen between the ages
of 17 and 42 toward the end of 1944, although he attempted to shift
responsibility by stating that the order was issued by the _Wehrmacht_
and that “I can’t intervene against the _Wehrmacht_.” However, he
admitted:
“I didn’t oppose it. I helped to carry it out in my province.”
(_Transcript of Interrogation of Seyss-Inquart_, afternoon
session, 18 September 1945, pp. 19-20.)
(_g_) _Murder and ill-treatment of civilian population, including
killing of hostages._ Seyss-Inquart, in his capacity as Reich Commissar
for the Occupied Netherlands Territory, authorized and directed the
exaction of collective penalties, murder, and ill-treatment of the
civilian population of the Netherlands, and the killing of hostages. All
these actions constituted war crimes and crimes against humanity within
the meaning of Article 6 (b) and (c) of the Charter, and violated (i)
the Hague Regulations, 1907, Articles 46 and 50, (ii) the laws and
customs of war, (iii) the general principles of criminal law as derived
from the criminal laws of all civilized nations and (iv) the internal
penal laws of Netherlands.
Public utterances of Seyss-Inquart reveal his determination to resort to
ruthless measures for the purpose of intimidating and repressing the
civilian population. In a speech commemorating the 10th Anniversary of
Germany’s coming into power, at Weert on 29 January 1943, before workers
and trades of the NSDAP, he spoke in part as follows:
“I will give my instructions. They must be executed by all. In
the present situation a refusal to execute such instructions
could be regarded only as sabotage. It is also clear, now more
than ever, that every resistance which is directed against this
fight for existence must be suppressed. Some time ago the
representatives of the churches had written to the _Wehrmacht_
commander and to me, and they presented their conception against
the execution of death sentences which the Wehrmacht commanders
announced in the meantime. To this I can only say the following:
The moment in which our men, fathers and sons with iron
determination look towards their fate in the east and
unflinchingly and steadfastly perform their highest pledge, it
is unbearable to tolerate conspiracies whose goal is to weaken
the rear of this eastern front. Whoever dares this must be
annihilated. We must be severe and become even more severe
against our opponents, this is the command of a relentless
sequence of events, and for us perhaps humanly hard, but our
holy duty. We remain human because we do not torture our
opponents, we must remain firm by annihilating them.”
(_3430-PS_)
Endorsement of the policy of holding innocent persons responsible for
the misconduct of others beyond their control is implicit in the
following public statement of Seyss-Inquart made at Weert on 8 January
1945:
“I have given orders to suppress all appearances with a
severeness corresponding to the brutality of the crime. If in
connection with these measures Dutch citizens are affected and
have to undergo difficulties and limitations of special nature,
then they have to seek the cause therefor solely in these
eruptions of the anarchistic mental attitude of a few culprits
and the just-as-criminal-tolerance or apathy within their own
circles.” (_3430-PS_)
Evidence of Seyss-Inquart’s application of this doctrine of vicarious
responsibility is contained in a poster signed by him and warning the
Dutch population to expect reprisals in the event of sabotage. The
poster reads as follows:
“NOTICE
“I consider all inhabitants responsible for the destruction or
damage to railroad installations, waterways with their
installations, telephone cables and Post Offices occurring
within the boundaries of their locality.
“The population of such localities may therefore expect
reprisals in the form of seizure of property and destruction of
houses or groups of houses.
“I therefore advise the population to protect the means of
transportation and communications by means of patrols or other
appropriate measures.
“The Hague 24 Sept 1944
“/s/ Seyss-Inquart
“The Reich Commissar for the
Occupied Netherlands Territories.” (_1163-PS_)
Another poster issued by the Superior SS and Police Chief publicized
with remarkable candor the fact that 12 Netherlanders were executed
“independent of further investigation” as reprisals for the killing of
two Germans. That poster reads as follows:
“NOTICE
“The Superior SS and Police Chief gives notice that on 20
November 1944 Schutzgruppenmann Janssen and on 13 December 1944
the Senior Officer Candidate Guse were shot in the back by
criminal Netherlands elements. Both were robbed of their
pistols.
“Independent of further investigation of the perpetrators, two
houses were blasted and 12 Netherlanders were executed at the
place of one of the crimes as reprisals.
“The Hague, 16 Dec 1944.” (_1163-PS_)
In an interrogation under oath Seyss-Inquart has acknowledged that
Netherlanders were shot as hostages without trial. While he sought to
shift responsibility to the SS he admitted that upon one occasion the SS
called on him to furnish 50 hostages and that he gave five instead, all
of whom were shot. (_Transcript of Interrogation of Seyss-Inquart_, 18
September 1945, p. 20)
Other crimes against humanity are documented in the statement of the
Dutch Government. The vastness of the scale of the commission of such
crimes and the necessary notoriety thereof clearly implicate
Seyss-Inquart as the responsible civil head of the German Government in
the Netherlands territory. (_1726-PS_)
E. _SEYSS-INQUART PARTICIPATED IN THE CONSPIRACY TO COMMIT CRIMES
AGAINST HUMANITY AS SET FORTH IN THE INDICTMENT._
(1) _Austria._
(_a_) _Persecution of the Jews._ While Seyss-Inquart was the Reich
Governor of the Province of Austria, laws were issued against Jews and
against those who opposed the Nazi Regime politically. As has been
shown, this usually took the form of decrees providing for the
sequestration and confiscation of the property of these so-called
“enemies of the State.”
In the early days of November 1938, pogroms against the Jews took place
all over the German Reich, including Austria. These pogroms resulted
from the killing of von Rath, a diplomatic official at the German
Embassy in Paris, by a young Jew named Grynszpan. Jewish synagogues,
homes and shops were smashed and destroyed by fire. Large numbers of
Jews were arrested, jailed, or placed in concentration camps. A partial
report as to what occurred during the 9th and 10th of November 1938 is
found in a letter written by the Reich Commissar for the Reunion of
Austria with the German Reich, Josef Buerckel, to Goering, dated 18
November 1938. This report reveals that the fire department was not
utilized to control the flames consuming Jewish homes, stores, shops,
and synagogues. The school children in Vienna were given an opportunity
to participate in the demonstration “according to the order.” Buerckel’s
report also discloses that enormous quantities of valuables, jewelry,
and merchandise were stolen from the Jews during these pogroms.
(_2237-PS_)
A more detailed description of what happened in Vienna during the 9th
and 10th of November 1938 is found in the stenographic report of a
meeting on “The Jewish Question” under the Chairmanship of Goering
(_1816-PS_). This meeting was held on 12 November 1938. It appears from
this report that altogether 101 synagogues were destroyed by fire, 76
synagogues demolished, and 7,500 stores ruined in the Reich, including
Austria. In this same meeting, a member of the official family of
Seyss-Inquart (Reich Governor of the Province of Austria) related the
efficiency with which the Civil Administration in Austria dealt with the
so-called “Jewish Question.” This official was Fischboeck, and in his
verbal report to Goering he said:
“Your Excellency,
“In this matter we have already a very complete plan for
Austria. There are 12,000 Jewish artisans and 5,000 Jewish
retail shops in Vienna. Before the National Revolution, we had
already a definite plan for tradesmen, regarding this total of
17,000 stores. Of the shops of the 12,000 artisans about 10,000
were to be closed indefinitely and 2,000 were to be kept open.
4,000 of the 5,000 retail stores should be closed and 1,000
should be kept open, that is, were to be Aryanized. According to
this plan, between 3,000 and 3,500 of the total of 17,000 stores
would be kept open, all others closed. This was decided
following investigations in every single branch and according to
local needs, in agreement with all competent authorities, and is
ready for publication as soon as we receive the law which we
requested in September; this law shall empower us to withdraw
licenses from artisans quite independently from the Jewish
Question.” (_1816-PS_)
To this Goering replied:
“I shall have this decree issued today.” (_1816-PS_)
The stenographic report of this meeting further reveals that the
solution of the so-called “Jewish Problem” adopted in Austria by
Seyss-Inquart and his official family was most efficient from the
viewpoint of Nazi objectives. The plan adopted in Austria became a model
for the entire Reich. (_1816-PS_)
A report of the Bureau of Statistics for the Provinces of Austria on the
Jewish population in Vienna and in Austria, dated 15 December 1939,
shows that after the Nazi conspirators assumed power in Austria, the
Jewish population in that country decreased approximately 100,000.
(_1949-PS_)
While the reasons for the decreases in the Jewish population of Austria
would seem to be obvious, yet tangible evidence of at least one reason
is provided by Seyss-Inquart himself in a letter written by him to
Himmler, dated 4 November 1939. In substance Seyss-Inquart, while Deputy
Governor General of the Polish Occupied Territory, stated that an
official in Cracow had informed him that there was a plan to send Jews
from Vienna to Poland, whereupon he gave instructions that such action
should be carried out only in cooperation with the SD and by the SD,
since he would not permit wild-cat actions. (_3398-PS_)
(_b_) _Persecution on political grounds._ Seyss-Inquart has supplied
evidence that the SS in Austria was responsible for the murder of
Chancellor Dolfuss on 25 July 1934. (_3425-PS_)
Seyss-Inquart has also supplied evidence that his predecessor as
Chancellor of Austria, von Schuschnigg, had been confined in a
concentration camp after his forced resignation from office. (_3254-PS_)
(2) _Poland._ The manner is which Polish Jews were treated and given
“special handling” by the Nazi conspirators, although a matter of common
knowledge, was described in detail in the “Black Book of Poland.” This
document tells of the establishment of special reservations for the Jews
as well as ghettos in various parts of Poland. The report also relates
how the Jews were starved and exterminated in large numbers. A great
portion of these crimes were committed in Poland by the Nazis while
Seyss-Inquart occupied the position of Deputy Governor General of the
Polish Occupied Territory. (_2613-PS_)
During the time that Seyss-Inquart held this high office in the Nazi
government of Poland, a special decree was issued by Frank, dated 26
October 1939, which required compulsory labor for Jews domiciled in the
General Government of Poland. The decree was to take effect immediately
and the Jews were to be formed in forced labor groups. The execution of
the decree was placed in the hands of the Higher SS and Police Leaders.
(_2613-PS_)
(3) _The Netherlands._ Seyss-Inquart, in his capacity as Reich Commissar
of the occupied Dutch territory, bears full individual responsibility
for the execution in the Netherlands of the Nazi program of persecution
of Jews. Acts against the Jews authorized, directed, or condoned by
Seyss-Inquart, which constitute war crimes and crimes against humanity
as defined in Article 6 (b) and (c) of the Charter, included:
stigmatization; disfranchisement; denial of civil rights, personal
liberty, and economic freedom; religious and cultural persecution; use
of organized “spontaneous violence” against persons and property of
Jews; ghettoization; starvation; enforced labor; enslavement; mass
deportation, and annihilation.
The intentions of Seyss-Inquart with respect to treatment of the Jews is
a matter of record. In a speech before a gathering of all workers and
trades of the NSDAP at Amsterdam on 13 March 1941 he left no doubt as to
where he stood on the Jewish question. He said:
“The Jews are the enemy of national socialism and the national
socialistic Reich. From the moment of their emancipation, their
methods were directed to the annihilation of the common and
moral worth of the German people and to replace national and
responsible ideology with international nihilism. The fatal
meaning of Judaism became completely clear to the German people
during the years of the world war. It was really they, who stuck
the knife in the back of the German army which broke the
resistance of the Germans, and in the year 1918, it was they who
wanted to dissolve and decompose all national tradition and also
moral and religious beliefs of the German people. The Jews for
us are not Dutchmen. They are those enemies with whom we can
neither come to an armistice nor to peace. This applies here, if
you wish, for the duration of the occupation. Do not expect an
order from me which stipulates this, except regulations
concerning police matters. We will beat the Jews wherever we
meet them, and those who join them must bear the consequences.
The Fuehrer declared that the Jews have played their final act
in Europe, and therefore they played their final act.”
(_3430-PS_)
Following his assumption of office in the Netherlands on 29 May 1940,
Seyss-Inquart, pursuant to the authority vested in him as Reich
Commissar Of the Netherlands by the Fuehrer decree of 18 May 1940,
systematically promulgated decrees designed to implement the Nazi
program of persecution and elimination of Jews. He promulgated a law
which prohibited the Jewish ritual slaughter of animals in the
Netherlands Occupied Territories, thus making it impossible for devout
orthodox Jews to live in accordance with their religious dietary laws.
(_2705-PS_)
Other anti-Semitic decrees of a like nature, all of which were signed by
Seyss-Inquart and published in the _Verordnungsblatt fuer die besetzen
niederlandischen Gebiete_ (VOBL), may be summarized as follows:
_Publication Date and No. _Summary of Subject Matter_
of VOBL_
_3333-PS, Order to register all businesses belonging to
Verordnungsblatt_, No. Jews, joint stock corporations including
33, p. 546, 26 Oct 1940. either one Jewish partner or one Jewish
member in their Board of Directors, or those
of which more than 25% of the capital stock
belong to Jews or those in which half of all
votes are to be exercised by Jews, or in
general, businesses which in fact are placed
under predominatingly Jewish influence.
Section 4 defines the quality of a Jew.
Property situated abroad is to be embodied in
the declaration of registration. Failure
wilfully of declaration is punished by
imprisonment not exceeding 5 years and by a
fine not exceeding 100,000 gulders or either
of these penalties, while the same due to
negligence entails an imprisonment not
exceeding one year or a fine not exceeding
10,000 florins; in addition confiscation of
the property concerned may be ordered.
_3334-PS_, Prohibition to employ German citizens or
_Verordnungsblatt_, No. persons of cognate blood in Jewish households
42, p. 701, 27 Dec 1940. under a penalty not exceeding one year
imprisonment and a fine of 10,000 guilders or
either of these penalties.
_3323-PS_, Registration of all persons of part or full
_Verordnungsblatt_, No. Jewish blood.
6, p. 19, 13 Jan 1941.
Sec. 2 defines as a Jew any person one of
whose grandparents was a full-blooded Jew.
Any grandparent who belonged or belongs to
the Jewish religious community is considered
as such. Failure to register entails an
imprisonment not exceeding 5 years and the
confiscation of property (Sec. 10).
_3325-PS_, Limitation of registration of Jewish students
_Verordnungsblatt_, No. in Dutch universities and colleges.
6, p. 99, 14 Feb 1941.
_2112-PS_, Obligation to register real estate, mortgages
_Verordnungsblatt_, No. and real property belonging to Jews, other
34, p. 655, 16 Aug 1941. than farming estates and lands regulated by a
previous ordinance. Power granted to the
Dutch administration of real property to take
over directly or through persons appointed
for the purpose, the management of Jewish
real property, with the right to alienate it
in part or in whole.
_3326-PS_, Freezing of property belonging to Jews who
_Verordnungsblatt_, No. have emigrated from Holland which is located
39, p. 785, 20 Sept 1941. in Holland.
_3334-PS_, Prohibitions to employ a non-Jew in
_Verordnungsblatt_, No. households headed by a Jew or where a Jew is
44, p. 846, 23 Oct 1941. a member of the family, whether permanently
or temporarily but for an unbroken term of
more than four weeks. Any contract contrary
to this provision is inoperative. Penalties
for the employer: imprisonment up to one year
and a fine up to 10,000 florins.
_3328-PS_, No Jew can exercise any profession and trade
_Verordnungsblatt_, No. without authorization from the administrative
44, p. 841, 23 Oct 1941. authorities which may refuse it or set up
special conditions for its exercise.
Administrative authorities may order the
determination or the liquidation of any
employment contract concerning a Jew. Any
employer may terminate a contract with a Jew
by giving notice on the first day of any
calendar month if the general legal
provisions of the contract provide for a
longer term of notice, or if the contract is
to expire normally at a date after 31 Jan
1942. An indemnity ranging from one to six
times the monthly salary of the dismissed Jew
may be, under certain circumstances,
allocated as a settlement of all claims
against the employer.
_3329-PS_, Exclusion of Jews from Dutch Chamber of Arts
_Verordnungsblatt_, No. in which membership is compulsory for all
47, p. 901, 25 Nov 1941. those active in the field of sculpture,
architecture, artisan arts, music,
literature, theater, film industry and the
press. Prohibition for a Jew or a person
related to a Jew to be a member of an
association affiliated with the Chamber of
Arts, to found or to take part in the
foundation of such an association or to
establish a foundation or to take part in its
establishment or to benefit directly or
indirectly from its property where such
associations or foundations are affiliated
with the Chamber of Arts. Penalty: not
exceeding 5,000 florins.
_3325-PS_, Exclusion of Jews from the Dutch
_Verordnungsblatt_, No. _Arbeitsfront_ (N.A.F.).
11, p. 211, 1 May 1942.
_3336-PS_, Compulsory written declaration by Jews of
_Verordnungsblatt_, No. claims of any kind of which they are
13, p. 289, 23 May 1942. beneficiaries to be made at banking firm
Lippman, Rosenthal & Co., Amsterdam. Titles
and other documents proving the claims are to
be delivered to the bank at the time of the
declaration, all rights to such claims being
vested in the above mentioned bank. The
debtor can liberate himself only in the hands
of the bank and by so doing is released. The
declaration embodies also rights on property
or chattels real, participations as in
corporations and partnerships; reversions,
expectancies.
Collections of all kinds of art objects, art
articles, articles of gold, platinum, silver,
as well as polished or rough diamonds,
semi-precious stones and pearls, belonging in
part or in whole, legally or “economically”
to a Jew, must be delivered to said bank,
with exception of wedding rings and those of
a deceased husband, silver watches, used
table silver, provided that each person
belonging to the family of the owner may keep
only a cover consisting of 4 pieces, a knife,
a fork, a spoon and a dessert spoon;
teeth-fillings of precious metals.
A full recapitulation of the crimes perpetrated against the Jews by the
German civil occupation authorities through the instrumentality of
orders, decrees, and laws is contained in the statement of the
Netherlands Government Commissioner for Repatriation. (_1726-PS_)
The above statement is also evidence of the fact that in February 1941
the first mass deportation of Jews from the Netherlands took place. On
that occasion 1000 Jews were arrested and within a few months sent to
Buchenwald and/or Mauthausen. Subsequently their ashes were returned to
their relatives in Holland, against a payment of 75 florins for each.
Deportation continued until September 1943, when the last of the Jews
composed of the Jewish Council were sent to Westerbork (Holland). Of
140,000 registered “full” Jewish Netherlanders, 117,000 were deported to
the East. (_1726-PS_)
* * * * *
LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO ARTUR SEYSS-INQUART
│ │ │
Document │ Description │ Vol. │ Page
│ │ │
│Charter of the International Military │ │
│ Tribunal, Article 6. │ I │ 5
│International Military Tribunal, │ │
│ Indictment Number 1, Section IV (H);│ │
│ Appendix A. │ I │ 29, 65
│ ———— │ │
│Note: A single asterisk (*) before a │ │
│document indicates that the document │ │
│was received in evidence at the │ │
│Nurnberg trial. A double asterisk (**)│ │
│before a document number indicates │ │
│that the document was referred to │ │
│during the trial but was not formally │ │
│received in evidence, for the reason │ │
│given in parentheses following the │ │
│description of the document. The USA │ │
│series number, given in parentheses │ │
│following the description of the │ │
│document, is the official exhibit │ │
│number assigned by the court. │ │
│ ———— │ │
091-PS │Letter from Rosenberg to │ │
│Seyss-Inquart, 11 September 1944, │ │
│concerning seizure of a library in │ │
│Amsterdam. │ III │ 152
│ │ │
*176-PS │Report on Einsatzstab Rosenberg, │ │
│Working Group Netherlands, signed │ │
│Schimmer. (USA 707) │ III │ 203
│ │ │
*437-PS │Extract from report, 19 June 1943, by │ │
│Frank to Hitler, concerning situation │ │
│in Poland. (USA 610) │ III │ 396
│ │ │
*812-PS │Letter from Rainer to Seyss-Inquart, │ │
│22 August 1939 and report from │ │
│Gauleiter Rainer to Reichskommissar │ │
│Gauleiter Buerckel, 6 July 1939 on │ │
│events in the NSDAP of Austria from │ │
│1933 to 11 March 1938. (USA 61) │ III │ 586
│ │ │
997-PS │Top secret report by Seyss-Inquart │ │
│concerning the situation in the │ │
│Netherlands—Exploitation and │ │
│Nazification in period 29 May to 19 │ │
│July 1940. │ III │ 641
│ │ │
1162-PS │Four Proclamations calling up Dutch │ │
│civilians for Temporary Forced Labor. │ III │ 817
│ │ │
1163-PS │Posters warning Dutch population of │ │
│reprisals and announcing the shootings│ │
│of hostages. │ III │ 819
│ │ │
1376-PS │Decree of the Fuehrer concerning the │ │
│exercise of Governmental authority in │ │
│the Lowlands, 20 May 1940. 1940 │ │
│Reichsgesetzblatt, Part I, p. 778. │ III │ 929
│ │ │
1621-PS │Secret letter from Reichsfuehrer SS to│ │
│General Rauter, 12 November 1942, │ │
│concerning procurement of │ │
│medico-physiological appliances. │ IV │ 136
│ │ │
1660-PS │Decree for registration for active │ │
│service in Austria in the year 1938 of│ │
│16 June 1938. 1938 Reichsgesetzblatt, │ │
│Part I, p. 631. │ IV │ 171
│ │ │
*1726-PS │Statement of Netherlands Government in│ │
│view of Prosecution and punishment of │ │
│the German Nazi War Criminals. (USA │ │
│195) │ IV │ 227
│ │ │
*1780-PS │Excerpts from diary kept by General │ │
│Jodl, January 1937 to August 1939. │ │
│(USA 72) │ IV │ 360
│ │ │
*1816-PS │Stenographic report of the meeting on │ │
│The Jewish Question, under the │ │
│Chairmanship of Fieldmarshal Goering, │ │
│12 November 1938. (USA 261) │ IV │ 425
│ │ │
1949-PS │Report of Bureau of Statistics for │ │
│Provinces of the Ostmark, 15 December │ │
│1939, concerning Jews. │ IV │ 586
│ │ │
2111-PS │Order of Reich Commissioner for │ │
│Occupied Netherlands Territories │ │
│concerning establishment of │ │
│administrative Courts Martial. 1941 │ │
│Verordnungsblatt, p. 190. │ IV │ 735
│ │ │
2112-PS │Order of the Reich Commissioner for │ │
│Occupied Netherlands Territories │ │
│concerning Jewish Real Estate, 11 │ │
│August 1941. 1941 Verordnungsblatt, p.│ │
│655. │ IV │ 738
│ │ │
*2176-PS │Report on Mauthausen concentration │ │
│camp, by investigating officer, Office│ │
│of Judge Advocate, Third U. S. Army, │ │
│17 June 1945. (USA 249) │ IV │ 836
│ │ │
*2219-PS │Excerpt from letter from Seyss-Inquart│ │
│to Goering, 14 July 1939. (USA 62) │ IV │ 854
│ │ │
2233-B-PS │Frank Diary. Tagebuch. 1940. Part I. │ │
│January-March. (USA 174) │ IV │ 885
│ │ │
*2233-N-PS │Frank Diary. Tagebuch. 1940. Part II. │ │
│April to June. (USA 614) │ IV │ 907
│ │ │
2233-CC-PS │Frank Diary. 1939. Entry of 14 │ │
│December at p. 99. │ IV │ 918
│ │ │
2237-PS │Letter from Reich Commissar for │ │
│Reunion of Austria with the German │ │
│Reich to Goering, 18 November 1938, │ │
│concerning actions against the Jews in│ │
│November 1938. │ IV │ 918
│ │ │
*2246-PS │Report of von Papen to Hitler, 1 │ │
│September 1936, concerning Danube │ │
│situation. (USA 67) │ IV │ 930
│ │ │
*2278-PS │Report of Reichsminister Seyss-Inquart│ │
│to the General Government of Poland, │ │
│concerning official tour from 17 to 22│ │
│November 1939. (USA 706) │ IV │ 953
│ │ │
*2307-PS │Law concerning reunion of Austria with│ │
│German Reich, 13 March 1938. 1938 │ │
│Reichsgesetzblatt, Part I, p. 237. (GB│ │
│133) │ IV │ 997
│ │ │
**2311-PS │Decree of Fuehrer and Reich Chancellor│ │
│concerning Administration of the Oath │ │
│to Officials of Province of Austria, │ │
│15 March 1938. 1938 Reichsgesetzblatt,│ │
│Part I, p. 245. (Referred to but not │ │
│offered in evidence.) │ IV │ 1005
│ │ │
*2463-PS │Telegram from Seyss-Inquart to Hitler,│ │
│11 March 1938, published in Documents │ │
│of German Politics,1939, Vol. VI, Part│ │
│1. (USA 703) │ V │ 207
│ │ │
**2464-PS │Official Austrian communique of the │ │
│reorganization of the Austrian Cabinet│ │
│and general political amnesty, 16 │ │
│February 1938, published in Documents │ │
│of German Politics, 1939, Vol. VI, │ │
│Part 1. (Referred to but not offered │ │
│in evidence.) │ V │ 208
│ │ │
2465-PS │Announcement of appointment of │ │
│Seyss-Inquart as Federal Chancellor, │ │
│11 March 1938, published in Documents │ │
│of German Politics, 1938, Vol. VI, │ │
│Part 1. (Referred to but not offered │ │
│in evidence.) │ V │ 209
│ │ │
**2466-PS │Official communique of resignation of │ │
│Austrian President Miklas, 13 March │ │
│1938, published in Documents of German│ │
│Politics, 1939, Vol. VI, Part 1. │ │
│(Referred to but not offered in │ │
│evidence.) │ V │ 209
│ │ │
**2469-PS │Official German and Austrian │ │
│communique concerning equal rights of │ │
│Austrian National Socialists in │ │
│Austria, 18 February 1938, published │ │
│in Documents of German Politics, 1939,│ │
│Vol. VI, Part 1. (Referred to but not │ │
│offered in evidence.) │ V │ 210
│ │ │
**2484-PS │Official German communique of visit of│ │
│Austrian Minister Seyss-Inquart to │ │
│Hitler, Berlin, 17 February 1938, │ │
│published in Documents of German │ │
│Politics, 1939, Vol. VI, Part 1. │ │
│(Referred to but not offered in │ │
│evidence.) │ V │ 234
│ │ │
**2485-PS │Address by Federal Chancellor │ │
│Seyss-Inquart from Balcony of City │ │
│Hall at Linz, 12 March 1938, published│ │
│in Documents of German Politics, Vol. │ │
│VI, Part 1, p. 144-145. (Referred to │ │
│but not introduced in evidence.) │ V │ 234
│ │ │
2613-PS │Extracts from “The Black Book of │ │
│Poland”. │ V │ 332
│ │ │
2705-PS │Decree of Reich Commissioner for │ │
│Occupied Netherlands Territories for │ │
│avoidance of cruelty to animals in │ │
│slaughtering, from Official Gazette │ │
│for Occupied Netherlands Territories, │ │
│3 August 1940. │ V │ 374
│ │ │
2909-PS │Affidavit of August Eigruber, 9 │ │
│November 1945. │ V │ 578
│ │ │
*2910-PS │Certificate of defendant │ │
│Seyss-Inquart, 10 November 1945. (USA │ │
│17) │ V │ 579
│ │ │
**2936-PS │Instruction of the Fuehrer and Reich │ │
│Chancellor concerning the Austrian │ │
│Federal Army, 13 March 1938, published│ │
│in Documents of German Politics, 1938,│ │
│Vol. VI, Part 1, p. 150. (Referred to │ │
│but not offered in evidence.) │ V │ 604
│ │ │
*2949-PS │Transcripts of telephone calls from │ │
│Air Ministry, 11-14 March 1938. (USA │ │
│76) │ V │ 628
│ │ │
**2994-PS │Affidavit of Kurt von Schuschnigg, │ │
│former Chancellor of Austria, │ │
│concerning Austrian-German Treaty of │ │
│11 July 1936. (USA 66) (Objection to │ │
│admission in evidence upheld.) │ V │ 703
│ │ │
2995-PS │Affidavit of Kurt von Schuschnigg, │ │
│former Chancellor of Austria, │ │
│concerning his visit to Berchtesgaden │ │
│on 12 February 1938. │ V │ 709
│ │ │
3147-PS │The Administration of the Occupied │ │
│Polish Territory, published in The │ │
│Archives, No. 67. │ V │ 910
│ │ │
*3254-PS │The Austrian Question, 1934-1938, by │ │
│Seyss-Inquart, 9 September 1945. (USA │ │
│704) │ V │ 961
│ │ │
3270-PS │Goering’s speech on 27 March in │ │
│Vienna, published in Documents of │ │
│German Politics, Vol. VI, Part 1, p. │ │
│183. (USA 703) │ V │ 1047
│ │ │
*3271-PS │Letter from Seyss-Inquart to Himmler, │ │
│19 August 1939. (USA 700) │ V │ 1047
│ │ │
3323-PS │Decree concerning obligation to │ │
│register persons who are entirely or │ │
│partly of Jewish race, from Official │ │
│Gazette for Occupied Dutch │ │
│Territories, 1941. │ VI │ 39
│ │ │
3325-PS │Decree referring to Jewish students, │ │
│published in Official Gazette for │ │
│Occupied Dutch Territories, 1941. │ VI │ 43
│ │ │
3326-PS │Decree concerning blocking of property│ │
│belonging to Jews who emigrated to │ │
│Netherlands, from Official Gazette for│ │
│Occupied Dutch Territories. │ VI │ 44
│ │ │
3328-PS │Decree concerning regulation of │ │
│professional activities of Jews, from │ │
│Official Gazette for Occupied Dutch │ │
│Territories, year 1941. │ VI │ 45
│ │ │
3329-PS │Decree concerning Netherlands Chamber │ │
│of Culture, from Official Gazette for │ │
│Occupied Dutch Territories, year 1941.│ VI │ 48
│ │ │
3333-PS │Decree concerning registration of │ │
│business enterprises, from Official │ │
│Gazette for Occupied Dutch │ │
│Territories, year 1940. │ VI │ 58
│ │ │
3334-PS │Decree concerning employment of │ │
│Germans in Jewish households, from │ │
│Official Gazette for Occupied Dutch │ │
│Territories, year 1940. │ VI │ 62
│ │ │
3336-PS │Order concerning treatment of Jewish │ │
│property, from Official Gazette for │ │
│Occupied Dutch Territories, year 1942.│ VI │ 64
│ │ │
3339-PS │Order concerning marriages of male │ │
│persons of German Nationality in │ │
│Occupied Netherlands Territories, from│ │
│Official Gazette for Occupied Dutch │ │
│Territories, year 1941. │ VI │ 71
│ │ │
3340-PS │First Order concerning extraordinary │ │
│measures of a Constitutional and │ │
│Administrative nature, 1 March 1941, │ │
│from Official Gazette for Occupied │ │
│Dutch Territories, year 1941. │ VI │ 72
│ │ │
3341-PS │Third Order concerning certain │ │
│provision in connection with │ │
│Netherlands Nationality, 8 August │ │
│1941, from Official Gazette for │ │
│Occupied Dutch Territories, year 1941.│ VI │ 73
│ │ │
3342-PS │Eighth Order concerning Special │ │
│Measures affecting Administrative │ │
│Organization, 11 August 1941, from │ │
│Official Gazette of Occupied Dutch │ │
│Territories, year 1941. │ VI │ 74
│ │ │
3391-PS │Letter from Seyss-Inquart to Hitler, │ │
│30 September 1938. │ VI │ 108
│ │ │
3392-PS │Letter from Seyss-Inquart to Keppler, │ │
│3 September 1937. │ VI │ 109
│ │ │
*3397-PS │Letter from Keppler to Seyss-Inquart, │ │
│8 January 1938. (USA 702) │ VI │ 115
│ │ │
*3398-PS │Letter from Seyss-Inquart to Himmler, │ │
│4 November 1939. (USA 885) │ VI │ 116
│ │ │
3400-PS │Minutes of meeting of German │ │
│Association, 28 December 1918, and │ │
│Constitution and By-Laws thereof found│ │
│in personal files of Seyss-Inquart for│ │
│period of 1918 to 1943. │ VI │ 118
│ │ │
3425-PS │Voluntary statement made by │ │
│Seyss-Inquart with advice of counsel, │ │
│10 December 1945. (USA 701) │ VI │ 124
│ │ │
*3430-PS │Extract from Four Years in Holland, │ │
│1944. (USA 708) │ VI │ 135
│ │ │
3446-PS │Memorandum relating to report and │ │
│letter of Reich Fuehrer SS and Chief │ │
│of the German Police, 13 October 1938.│ VI │ 153
│ │ │
*3447-PS │Letter from Dr. Lammers to │ │
│Seyss-Inquart. (USA 887) │ VI │ 156
│ │ │
*3448-PS │Letter from Seyss-Inquart to Dr. │ │
│Lammers, 23 October 1938. (USA 886) │ VI │ 156
│ │ │
3449-PS │Letter to Reichsfuehrer SS and Chief │ │
│of German Police, January 1939. │ VI │ 157
│ │ │
*3450-PS │Decree of 18 November 1938 concerning │ │
│sequestration and confiscation of │ │
│property of enemies of the State of │ │
│Austria. (USA 888) │ VI │ 157
│ │ │
3457-PS │Extract concerning Seyss-Inquart from │ │
│The Archive, 1943-44, p. 720. │ VI │ 158
│ │ │
*3460-PS │Speech by Goering, from Hermann │ │
│Goering Speeches and Papers. (USA 437)│ VI │ 160
│ │ │
*3465-PS │Speech by Hans Frank, from Frank │ │
│Diary, 1940, Vol. II, pp. 510-511. │ │
│(USA 614) │ VI │ 166
│ │ │
3467-PS │Law on Limitation of travel to │ │
│Republic Austria, 29 May 1933. 1933 │ │
│Reichsgesetzblatt, Part I, No. 57, p. │ │
│311. │ VI │ 169
│ │ │
*3468-PS │Decree concerning establishment of │ │
│administration of occupied Polish │ │
│territories, from Documents of German │ │
│Politics, 1939, Part 2, pp. 674-682. │ │
│(USA 705) │ VI │ 169
│ │ │
3473-PS │Letter from Keppler to Goering, 6 │ │
│January 1938, giving details of Nazi │ │
│intrigue in Austria. (USA 581) │ VI │ 197
│ │ │
3522-PS │Letter from Konrad Henlein to │ │
│Seyss-Inquart, 17 March 1938. │ VI │ 212
│ │ │
3523-PS │Letter from Seyss-Inquart to Henlein, │ │
│29 December 1937. │ VI │ 213
│ │ │
3588-PS │Order concerning exercise of │ │
│Governmental authority in Netherlands,│ │
│29 May 1940, from Official Gazette for│ │
│Occupied Dutch Territories, 1940. │ VI │ 282
│ │ │
*3722-PS │Testimony of Fritz Sauckel, 5 October │ │
│1945. (USA 224) │ VI │ 459
│ │ │
3732-PS │Testimony of Seyss-Inquart, 9 October │ │
│1945. │ VI │ 539
│ │ │
*C-102 │Document signed by Hitler relating to │ │
│operation “Otto”, 11 March 1938. (USA │ │
│74) │ VI │ 911
│ │ │
*C-182 │Directive No. 2 from Supreme Commander│ │
│Armed Forces, initialled Jodl, 11 │ │
│March 1938. (USA 77) │ VI │ 1017
│ │ │
*D-571 │Official report of British Minister in│ │
│Prague to Viscount Halifax, 21 March │ │
│1939. (USA 112) │ VII │ 88
│ │ │
EC-86 │Report on financial contributions of │ │
│the Occupied Areas. │ VII │ 264
│ │ │
ECR-174 │Report of the Commissar of the │ │
│Netherlands Bank for the month May │ │
│1941, dated 12 June 1941. │ VII │ 726
│ │ │
ECR-195 │Letter from RKK Amsterdam to Central │ │
│Administration of RKK Berlin, 21 April│ │
│1942, concerning Dutch East Help. │ VII │ 747
│ │ │
L-26 │United Nations Information │ │
│Organization Report No. 8, 14 June │ │
│1944 “Conditions in Occupied │ │
│Territories.” │ VII │ 771
│ │ │
L-151 │Report from Ambassador Bullitt to │ │
│State Department, 23 November 1937, │ │
│regarding his visit to Warsaw. (USA │ │
│70) │ VII │ 894
│ │ │
L-231 │Telegram from American Legation in │ │
│Vienna to U. S. Secretary of State, 13│ │
│March 1938. │ VII │ 1093
│ │ │
*Chart No. 1 │National Socialist German Workers’ │ │
│Party. (2903-PS; USA 2) │ VIII │ 770
20. CONSTANTIN VON NEURATH
A. _POSITIONS AND HONORS HELD BY VON NEURATH._
He was a member of the Nazi Party from 30 January 1937 until 1945, and
was awarded the Golden Party Badge on 30 January 1937.
He was General in the SS. He was personally appointed _Gruppenfuehrer_
by Hitler in September 1937, and was promoted to _Obergruppenfuehrer_ on
21 June 1943.
He was Reich Minister of Foreign Affairs under the Chancellorship of von
Papen from 2 June 1932, and under the Chancellorship of Hitler from 30
January 1933 until he was replaced by von Ribbentrop on 4 February 1938.
He was Reich Minister from 4 February 1938 until May 1945.
He was President of the Secret Cabinet Council, to which he was
appointed on 4 February 1938.
He was a member of the Reich Defense Council.
He was Reichs Protector for Bohemia and Moravia from 18 March 1939 until
he was replaced by Frick on 25 August 1943.
He was awarded the _Adlerorden_ by Hitler at the time of his appointment
as Reich Protector. Ribbentrop was the only other German to receive this
decoration.
These facts are collected in a document signed by von Neurath and his
counsel (_2972-PS_). Von Neurath comments on certain of these matters.
He says that the award of the Golden Party Badge was made on 30 January
1937 against his will and without his being asked. Yet he not only
refrained from repudiating the allegedly unwanted honor, but after
receiving it attended meetings at which wars of aggression were planned,
actively participated in the forcible annexation of Austria, and
tyrannized over Bohemia and Moravia.
He also contends that his appointment as SS _Gruppenfuehrer_ was also
against his will and without his being asked. But in this connection,
his wearing of the SS uniform, his receipt of the further promotion to
_Obergruppenfuehrer_, and the actions against Bohemia and Moravia must
be considered. In addition, von Neurath says that his appointment as
Foreign Minister was by Reichspresident von Hindenburg. Yet President
von Hindenburg died in 1934, and von Neurath continued as Foreign
Minister until 1938, under the chancellorship first of von Papen and
then of Hitler. He further claims that he was an inactive Minister from
4 February 1938 until May 1945. His activities in this connection will
be mentioned below, particularly with regard to Bohemia and Moravia.
Von Neurath next alleges that the Secret Cabinet Council never sat or
conferred. This Council, of which von Neurath was president, has been
authoritatively described as a select committee of the Cabinet for the
deliberation of foreign affairs, directly subordinated to the Fuehrer
for counsel and assistance (_1774-PS_):
“A Privy Cabinet Council, to advise the Fuehrer in the basic
problems of foreign policy, has been created by the decree of 4
February 1938 * * * This Privy Cabinet Council is under the
direction of Reich-Minister v. Neurath, and includes the Foreign
Minister, the Air Minister, the Deputy Commander for the
Fuehrer, the Propaganda Minister, the Chief of the
Reich-Chancellery, the Commanders-in-Chief of the Army and Navy
and the Chief of the Supreme Command of the Armed Forces. The
Privy Cabinet Council constitutes a select staff of
collaborators of the Fuehrer which consists exclusively of
members of the Government of the Reich; thus, it represents a
select committee of the Reich Government for the deliberation on
foreign affairs.” (_1774-PS_)
The formal composition of this body is shown in 2031-PS. Von Neurath
held himself out as a member of this body by communicating with the
British Ambassador on Secret Cabinet Council stationery. (_3287-PS_)
Von Neurath, finally, objects that he was not a member of the Reich
Defense Council. This Council was set up soon after Hitler’s accession
to power, on 4 April 1933 (_2261-PS_). In an affidavit by Frick
(_2986-PS_), this Council is described as follows:
“* * * We were also members of the Reich Defense Council, which
was supposed to plan preparations in case of war which later on
were published by the Ministerial Council for the Defense of the
Reich.” (_2986-PS_)
The membership of this Council included the Minister for Foreign
Affairs, who was then von Neurath. This is shown by a document giving
the composition of the Reich Defense Council, and including among
permanent members the Minister for Foreign Affairs (_EC-177_). That
document is dated “Berlin, 22 May 1933,” which was during von Neurath’s
tenure of that office.
The functioning of the Reich Defense Council, with a representative of
von Neurath’s ministry, von Buelow, present, is shown by the minutes of
the 12th meeting on 14 May 1936 (_EC-407_). Under the secret law of 4
September 1938 von Neurath was a member of the Reich Defense Council by
virtue of his presidency of the Secret Cabinet Council. This fact is
shown by the enclosure of a copy of that law in a letter addressed to
von Neurath as Reich Protector for Bohemia and Moravia on 6 September
1939 (_2194-PS_). It is curious that the Reich Protector for Bohemia and
Moravia denies his membership in the Council when the letter enclosing
the law is one addressed to him. This law describes the tasks of the
Council as follows:
“The task of the Reich Defense Council consists, in peace-time,
of the decision on all measures for the preparation of Reich
defense, and the gathering together of all forces and means of
the nation according to the directions of the Leaders and Reich
Chancellor. The tasks of the Council in wartime will be
especially determined by the Leader and Reich Chancellor.”
(_2194-PS_)
The law also lists the permanent members of the Council, and the seventh
one is the President of the Secret Cabinet Council, who was von Neurath.
B. _VON NEURATH’S PART, AS FOREIGN MINISTER, IN THE CONSPIRACY FOR THE
BREACH OF TREATY OBLIGATIONS._
In assuming the position of Minister of Foreign Affairs in Hitler’s
Cabinet, von Neurath assumed charge of a foreign policy committed to
breach of treaties.
The Nazi Party had repeatedly and for many years made known its
intention to overthrow Germany’s international commitments, even at the
risk of war. Sections 1 and 2 of the Party Program (_1708-PS_), which
was published year after year, declared:
“1. We demand the unification of all Germans in the Greater
Germany on the basis of the right of self-determination of
peoples.
“2. We demand equality of rights for the German people in
respect to the other nations; abrogation of the peace treaties
of Versailles and St. Germain.” (_1708-PS_)
An even clearer statement of these goals is contained in Hitler’s speech
at Munich on 15 March 1939, in which he said:
“My foreign policy had identical aims. My program was to abolish
the Treaty of Versailles. It is futile nonsense for the rest of
the world to pretend today that I did not reveal this program
until 1933 or 1935 or 1937. Instead of listening to this foolish
chatter of emigres, these gentlemen would have been wiser to
read what I have written thousands of times.” (_2771-PS_)
If it is “futile nonsense” for foreigners to raise that point, it would
be still more futile for Hitler’s Foreign Minister to suggest that he
was ignorant of the aggressive designs of Nazi policy. The acceptance of
force as a means of solving international problems and achieving the
objectives of Hitler’s foreign policy must have been known to anyone as
closely in touch with Hitler as was von Neurath. This doctrine, for
example, is constantly reiterated in _Mein Kampf_ (_D-660_). (See
Section 6 of Chapter IX on Aggression as a Basic Nazi Idea.)
Hence, by the acceptance and implementation of this foreign policy, von
Neurath assisted and promoted the realization of the illegal aims of the
Nazi Party.
C. _VON NEURATH’S PART, AS FOREIGN MINISTER, IN THE CONSPIRACY TO
CONSOLIDATE NAZI CONTROL OVER GERMANY IN PREPARATION FOR AGGRESSIVE
WAR._
In his capacity as Minister of Foreign Affairs von Neurath directed the
international aspects of the first phase of the Nazi conspiracy, the
consolidation of control in preparation for war.
From his close connection with Hitler von Neurath must have known the
cardinal points of Hitler’s policy leading up to the outbreak of World
War II, as outlined in retrospect by Hitler in his speech to his
military leaders on 23 November 1939 (_789-PS_). This policy had two
facets: internally, the establishment of rigid control; externally, the
program to release Germany from its international commitments. The
external program had four points:
1. Secession from the disarmament conference;
2. The order to re-arm Germany;
3. The introduction of compulsory military service; and
4. The remilitarization of the Rhineland.
These points were set out in Hitler’s address of 23 November 1939, after
the invasion of Poland:
“* * * I had to reorganize everything beginning with the mass of
the people and extending it to the armed forces. First,
reorganization of the interior, abolishment of appearance of
decay and defeatist ideas, education to heroism. While
reorganizing the interior, I undertook the second task, to
release Germany from its international ties. Two particular
characteristics are to be pointed out: secession from the League
of Nations and denunciation of the disarmament conference. It
was a hard decision. The number of prophets who predicted that
it would lead to the occupation of the Rhineland was large, the
number of believers was very small. I was supported by the
nation, which stood firmly behind me, when I carried out my
intentions. After that, the order for rearmament. Here again
there were numerous prophets who predicted misfortunes, and only
a few believers. In 1935 the introduction of compulsory armed
service. After that, militarization of the Rhineland, again a
process believed to be impossible at that time. The number of
people who would trust in me were very small. Then the beginning
of the fortification of the whole country, especially in the
West.” (_789-PS_)
Hitler thus summarized his pre-war foreign policy in four points. Von
Neurath participated directly and personally in accomplishing each of
these four points, at the same time officially proclaiming that these
measures did not constitute steps toward aggression. The first is a
matter of history. When Germany left the disarmament conference von
Neurath sent telegrams, dated 14th October 1933, to the President of the
Conference announcing Germany’s withdrawal (Documents of German
Politics, 1933, vol. I, p. 94). Similarly, von Neurath made the
announcement of Germany’s withdrawal from the League of Nations on 21
October 1933. (Documents of German Politics, 1933, vol. I). At the same
time, the German government was undertaking far-reaching military
preparation (_C-140_; _C-153_).
The second point regarding German rearmament: When von Neurath was
Foreign Minister, on 10 March 1935, the German Government officially
announced the establishment of the German air force (_TC-44_). On 21 May
1935, Hitler announced a purported unilateral repudiation of the Naval,
Military, and Air clauses of the Treaty of Versailles and the Treaty for
the Restoration of Friendly Relations with the United States
(_2288-PS_). On the same day the Reich Cabinet, of which von Neurath was
a member, enacted the secret Reich Defense Law creating the office of
Plenipotentiary General for War Economy (_2261-PS_), afterwards
described by the _Wehrmacht_ armament expert as “the cornerstone of
German rearmament” (_2353-PS_):
“The latter orders were decreed in the Reich defense law of 21
May 1935, which was supposed to be published only in case of
war, and was already declared valid for carrying out war
preparations. As this law fixed the duties of the armed forces
and the other Reich authorities in case of war, it was also the
fundamental ruling for the development and activity of the war
economy organization.” (_2353-PS_)
The third point is the introduction of compulsory military service. On
16 March 1935 von Neurath signed the law for the organization of the
armed forces, which provided for universal military service and
anticipated a vastly expanded German army (_Reichsgesetzblatt_, 1935, I,
p. 369) (_1654-PS_). This was described by Keitel as the real start of
the large-scale rearmament program which followed.
The fourth point was the remilitarization of the Rhineland. The
Rhineland was reoccupied on 7 March 1936. This action was announced by
Hitler (_2289-PS_), who had also previously given the order for
“Operation Schulung,” directing the military action which was to be
taken if necessary (_C-139_). These were acts for which von Neurath
shared responsibility from his position and from the steps which he
took. Some time later he summed up his views on the actions detailed
above in a speech to Germans abroad, on 29 August 1937:
“The unity of the racial and national will created through
Nazism with unprecedented elan has made possible a foreign
policy through which the bonds of the Versailles Treaty were
slashed, freedom to arm regained, and the sovereignty of the
whole nation reestablished. We have again become master in our
own home, and we have produced the means of power to remain
henceforth that way for all times. The world should notice from
Hitler’s deeds and words that his aims are not aggressive war.”
(_D-449_)
D. _VON NEURATH’S PART, AS FOREIGN MINISTER AND ADVISOR TO THE FUEHRER,
IN THE PLANNING OF WARS OF AGGRESSION._
Both as Minister of Foreign Affairs and as one of the inner circle of
the Fuehrer’s advisors on foreign political matters, von Neurath
participated in the political planning and preparation for acts of
aggression against Austria, Czechoslovakia, and other nations.
(1) _The von Neurath technique._ If von Neurath’s policy may be
described in a sentence it may be summarized as breaking one treaty only
at a time. He himself put it slightly more pompously but to the same
effect in a speech before the Academy of German Law on 30 October 1937:
“* * * Out of the acknowledgment of these elementary facts the
Reich Cabinet has always interceded in favor of treating every
concrete international problem within methods especially suited
for it, not to complicate it unnecessarily by amalgamation with
other problems, and as long as problems between only two powers
are concerned to choose the way for an immediate understanding
between these two powers. We are in a position to state that
this method has fully proved itself good not only in the German
interest, but also in the general interest.” (_D-471_)
The only countries whose interests von Neurath failed to mention in that
speech are the other parties to the various treaties that were dealt
with in that way. The working out of that policy can be seen from a
brief summary of the actions of von Neurath when he was Foreign
Minister, and those of his immediate successor when von Neurath still
purported to have influence.
In 1935 action was directed against the Western Powers, in the form of
the rearmament of Germany. When that was going on another country had to
be reassured. At that time it was Austria, which still had—up to
1935—the support of Italy. Hence, the fraudulent and clearly false
assurance, the essence of the technique in that case, given by Hitler,
on 21 May 1935. (_TC-26_)
Then, in 1936, action was again taken against the Western Powers in the
occupation of the Rhineland. Another fraudulent assurance was made to
Austria in the Treaty of 11 July of that year, (_TC-22_) the deceitful
nature of which is shown by letters from von Papen. (_2246-PS_;
_2247-PS_)
Then, in 1937 and 1938, the Nazis moved on a step and action was
directed against Austria. That action was absorption, finally planned,
at the latest, at the meeting on 5 November 1937 (_386-PS_). The action
was taken on 11 March 1938. Reassurance had to be given to the Western
Powers; hence the assurance to Belgium on 13 October 1937. (_TC-34_)
Less than a year later the object of the aggressive action was
Czechoslovakia. The Sudetenland was obtained in September 1938, and the
whole of Bohemia and Moravia was absorbed on 15 March 1939. At that time
it was necessary to reassure Poland; so an assurance to Poland was given
by Hitler oh 20 February 1938 (_2357-PS_), and repeated up to 26
September 1938 (_2358-PS_). The falsity of that assurance is shown in
Section 8 of Chapter IX on Aggression Against Poland.
Finally, when the Nazis decided to take action for the conquest of
Poland in the next year, assurance had to be given to Russia. Hence, a
non-aggression pact was entered into with the U.S.S.R. on 23 August
1939. (_TC-25_)
With regard to the foregoing summary, the Latin tag, _res ipsa loquitur_
is apposite. But a frank statement from von Neurath with regard to the
earlier part of it is found in the account of his conversation with the
United States Ambassador, Mr. Bullitt, on 18 May 1936 (_L-150_):
“Von Neurath said that it was the policy of the German
Government to do nothing active in foreign affairs until ‘the
Rhineland had been digested.’ He explained that he meant that,
until the German fortifications had been constructed on the
French and Belgian frontiers, the German Government would do
everything possible to prevent rather than encourage an outbreak
by the Nazis in Austria and would pursue a quiet line with
regard to Czechoslovakia. ‘As soon as our fortifications are
constructed and the countries of Central Europe realize that
France cannot enter German territory at will, all those
countries will begin to feel very differently about their
foreign policies and a new constellation will develop,’ he
said.” (_L-150_)
The conversation between von Papen as Ambassador and Mr. Messersmith is
much to the same effect. (_1760-PS_)
(2) _Austria._ At the time of the aggression against Austria von Neurath
was Foreign Minister. This included the preliminary stages, during the
early Nazi plottings against Austria in 1934. In this period occurred
the Nazi murder of Chancellor Dolfuss and the ancillary acts which were
afterwards so strongly approved by the German Government. (See Section 3
of Chapter IX on Aggression Against Austria.) Von Neurath was also
Foreign Minister when the false assurance was given to Austria on 21 May
1935 (_TC-26_) and the fraudulent treaty was made on 11 July 1936
(_TC-22_). And von Neurath was Foreign Minister when his ambassador to
Austria, von Papen, was carrying on his subterranean intrigue in the
period from 1935 to 1937. (_2247-PS_; _2246-PS_)
Von Neurath was present when Hitler declared, in a highly confidential
circle, on 5 November 1937, that the German question could only be
solved by force, and that his plans were to conquer Austria and
Czechoslovakia (_386-PS_). Hitler expressed his designs on Austria as
follows:
“* * * For the improvement of our military political position,
it must be our first aim in every case of entanglement by war to
conquer Czechoslovakia and Austria simultaneously, in order to
remove any threat from the flanks in case of a possible advance
westwards.” (_386-PS_)
It is impossible for von Neurath, after that meeting, to say that he was
not acting except with his eyes completely open and with complete
comprehension as to what was intended.
During the _Anschluss_ von Neurath received a note from the British
Ambassador dated 11 March 1938 (_3045-PS_). In reply von Neurath uttered
two obvious untruths. The first:
“* * * It is untrue that the Reich used forceful pressure to
bring about this development, especially the assertion, which
was spread later by the former Chancellor Schuschnigg, that the
German Government had presented the Federal President with a
conditional ultimatum. It is a pure invention.” (_3287-PS_)
According to the German ultimatum, Schuschnigg had to appoint a proposed
candidate as Chancellor and form a Cabinet conforming to the proposals
of the German Government. Otherwise the invasion of Austria by German
troops was held in prospect. (See Section 3 of Chapter IX on Aggression
Against Austria.) The second untruth:
“The truth of the matter is that the question of sending
military or police forces from the Reich was only brought up
when the newly formed Austrian Cabinet addressed a telegram,
already published by the press, to the German Government,
urgently asking for the dispatch of German troops as soon as
possible, in order to restore peace and order and to avoid
bloodshed. Faced with the immediately threatening danger of a
bloody civil war in Austria the German Government then decided
to comply with the appeal addressed to it.” (_3287-PS_)
(As to the inspired nature of the Austrian telegram, see Section 3 of
Chapter IX on Aggression Against Austria.)
All that can be said is that it must have given von Neurath a certain
macabre sort of humor to write that note (_3287-PS_) when the truth was
the opposite, as shown by the report of Gauleiter Rainer to Buerckel
(_812-PS_), the transcripts of Goering’s telephone conversations with
Austria (_2949-PS_), and the entries in Jodl’s diary for 11, 13, and 14
February. (_1780-PS_)
According to Jodl’s diary—the entry for 10 March:
“At 13.00 hours General Keitel informs Chief of Operational
Staff and Admiral Canaris. Ribbentrop is being detained in
London. Neurath takes over the Foreign Office.” (_1780-PS_)
It is inconceivable when von Neurath had taken over the Foreign Office,
was dealing with the matter and was co-operating with Goering to suit
the susceptibilities of the Czechs, that he should have been so ignorant
of the truth of events as to write that letter (_3287-PS_) in good
faith.
Von Neurath’s position is shown equally clearly by the account which is
given of him in the affidavit of Messersmith (_2385-PS_). Von Neurath’s
style of activity at this crisis is described as follows:
“I should emphasize here in this statement that the men who made
these promises were not only the dyed-in-the-wool Nazis, but
more conservative Germans who already had begun to willingly
lend themselves to the Nazi program.
“In an official dispatch to the Department of State from Vienna,
dated October 10, 1935, I wrote as follows:
“‘Europe will not get away from the myth that Neurath, Papen,
and Mackensen are not dangerous people and that they are
diplomats of the old school. They are in fact servile
instruments of the regime, and just because the outside world
looks upon them as harmless they are able to work more
effectively. They are able to sow discord just because they
propagate the myth that they are not in sympathy with the
regime’.” (_2385-PS_)
(3) _Czechoslovakia._ At the time of the occupation of Austria, von
Neurath gave the assurance to M. Mastny, the Ambassador of
Czechoslovakia to Berlin, regarding the continued independence of
Czechoslovakia (_TC-27_). M. Jan Masaryk, Czechoslovakian Foreign
Minister, describes the circumstances as follows:
“I have in consequence been instructed by my Government to bring
to the official knowledge of His Majesty’s Government the
following facts: Yesterday evening (the 11th March)
Field-Marshal Goering made two separate statements to M. Mastny,
the Czechoslovak Minister in Berlin, assuring him that the
developments in Austria will in no way have any detrimental
influence on the relations between the German Reich and
Czechoslovakia, and emphasizing the continued earnest endeavor
on the part of Germany to improve those mutual relations.”
* * * * * *
“M. Mastny was in a position to give him [Goering] definite and
binding assurances on this subject [Czech mobilization] and
today spoke with Baron von Neurath, who, among other things,
assured him on behalf of Herr Hitler that Germany still
considers herself bound by the German-Czechoslovak Arbitration
Convention concluded at Locarno in October 1925.” (_TC-27_)
In view of von Neurath’s presence at the meeting on 5 November 1937,
four months previously, where he had heard Hitler’s views on
Czechoslovakia (_386-PS_), and that it was only six months before the
treaty was disregarded, von Neurath’s assurance is an excellent example
of the technique of diplomacy developed by von Neurath.
On 28 May 1938 Hitler held a conference of important leaders, including
Beck, von Brauchitsch, Raeder, Keitel, Goering, and Ribbentrop, at which
Hitler affirmed that preparations should be made for military action
against Czechoslovakia by October (_388-PS_; _2360-PS_). It is believed,
although not confirmed, that von Neurath attended.
On 4 September 1938 the Government of which von Neurath was a member
enacted a new Secret Reich Defense Law which defined various official
responsibilities, in clear anticipation of war. This law provided, as
did the previous Secret Reich Defense Law, for a Reich Defense Council
as a supreme policy board for war preparations (_2194-PS_). Then came
the Munich agreement of 29 September 1938, in spite of which, on 14
March 1939, German troops marched into Czechoslovakia. (_TC-50_)
On 16 March 1939 the German Government, of which von Neurath was still a
member, promulgated the Decree of the Fuehrer and Reich Chancellor on
the Establishment of the Protectorate of Bohemia and Moravia. (_TC-51_)
During the following week, von Ribbentrop signed a treaty with Slovakia
(_1439-PS_), Article 2 of which reads as follows:
“For the purpose of making effective the protection undertaken
by the German Reich, the German armed forces shall have the
right at all times to construct military installations and to
keep them garrisoned in the strength they deem necessary, in an
area delimited on its western side by the frontiers of the State
of Slovakia, and on its eastern side by a line formed by the
eastern rims of the Lower Carpathians, the White Carpathians,
and the Javornik Mountains.
“The Government of Slovakia will take the necessary steps to
assure that the land required for these installations shall be
conveyed to the German armed forces. Furthermore, the Government
of Slovakia will agree to grant exemption from custom duties for
imports from the Reich for the maintenance of the German troops
and the supply of military installations.” (_1439-PS_)
The ultimate objective of Hitler’s policies, disclosed at the meeting at
which von Neurath was present on 5 November 1937 (_386-PS_), is obvious
from the terms of this treaty. It was the resumption of the _drang_ for
_lebensraum_ in the East.
E. _VON NEURATH’S PART, AS PROTECTOR FOR BOHEMIA AND MORAVIA, IN THE
CONSPIRACY TO COMMIT WAR CRIMES AND CRIMES AGAINST HUMANITY._
By accepting and occupying the position of Reich Protector of Bohemia
and Moravia, von Neurath personally adhered to the aggression against
Czechoslovakia. As Protector he further actively participated in the
conspiracy for world aggression, and assumed a position of leadership in
the execution of policies involving violations of the laws of war and
the commission of crimes against humanity.
Von Neurath’s responsibility for these crimes derives from the legal
position which he assumed. Von Neurath assumed the position of Protector
under a sweeping grant of powers. Article V of the act creating the
Protectorate provided:
“1. As trustee of Reich interests, the Leader and Chancellor of
the Reich shall nominate a Reich Protector in Bohemia and
Moravia. His seat of office will be Prague.
“2. The Reich Protector, as representative of the Leader and
Chancellor of the Reich and as Commissioner of the Reich
Government, is charged with the duty of seeing to the observance
of the political principles laid down by the Leader and
Chancellor of the Reich.
“3. The members of the Government of the Protectorate shall be
confirmed by the Reich Protector. The confirmation may be
withdrawn.
“4. The Reich Protector is entitled to inform himself of all
measures taken by the Government of the protectorate and to give
advice. He can object to measures calculated to harm the Reich
and, in case of danger, issue ordinances required for the common
interest.
“5. The promulgation of laws, ordinances and other legal
announcements and the execution of administrative measures and
legal judgments shall be annulled if the Reich Protector enters
an objection.” (_2119-PS_)
At the very outset of the Protectorate, von Neurath’s supreme authority
was implemented by a series of basic decrees. These established the
alleged legal foundation for the policy and program which resulted, all
aimed toward the systematic destruction of the national integrity of the
Czechs. Among these decrees were:
(1) The decree granting “Racial Germans” in Czechoslovakia a supreme
order of citizenship (_2119-PS_);
(2) An act concerning the representation in the Reichstag of Greater
Germany of German Nationals Resident in the Protectorate (13 April
1939);
(3) An order concerning the acquisition of German citizenship by former
Czechoslovakian citizens of German origin (20 April 1939).
Another series of decrees granted “Racial Germans” in Czechoslovakia a
preferred status at law and in the courts:
(1) An order concerning the Exercise of Criminal Jurisdiction in the
Protectorate of Bohemia and Moravia (14 April 1939);
(2) An order concerning the Exercise of Jurisdiction in Civil
Proceedings (14 April 1939);
(3) An order concerning the Exercise of Military Jurisdiction (8 May
1939).
The Ordinance on Legislation in the Protectorate (7 June 1939) also
granted to the Protector broad powers to change by decree the autonomous
law of the Protectorate.
Finally, the Protector was authorized, with the Reich Leader SS and the
Chief of the German Police (Himmler) “to take, if necessary, such
(police) measures which go beyond the limits usually valid for police
measures.” It is difficult to imagine what can be police measures
“beyond the limits usually valid for police measures” in view of the
police measures in Germany between 1933 and 1939. (See Section 4 of
Chapter VII on Purge of Political Opponents and Section 6 of Chapter XV
on the Gestapo and SD.) But presumably such increase was believed to be
possible, and was given to von Neurath to use for coercion of the
Czechs.
The declared basic policy of the Protectorate was to destroy the
identity of the Czechs as a nation and to absorb their territory into
the Reich. This is borne out by a memorandum signed by Lt. Gen. of
Infantry Frederici (_862-PS_), which is headed “The Deputy General of
the Armed Forces with the Reich Protector in Bohemia and Moravia”. It is
marked Top Secret and dated 15 October 1940. That was practically a year
before von Neurath went on leave, as he puts it, on 27 September 1941.
The memorandum discusses “Basic Political Principles in the
Protectorate,” and copies went to Keitel and Jodl. The memorandum
states:
“On 9 October of this year [1940] the office of the Reich
protector held an official conference in which State Secretary
SS Lt. General K. H. Frank spoke about the following:
“Since creation of the Protectorate of Bohemia and Moravia,
party agencies, industrial circles, as well as agencies of the
central authorities of Berlin, have had difficulties about the
solution of the Czech problem.
“After ample deliberation, the Reich Protector expressed his
view about the various plans in a memorandum. In this, three
ways of solution were indicated:
“A. German infiltration of Moravia and _reduction of the Czech
nationality to a residual Bohemia_.
“This solution is considered as unsatisfactory, because the
Czech problem, even if in a diminished form, will continue to
exist.
“B. Many arguments can be brought up against the most radical
solution, namely, the deportation of all Czechs. Therefore the
memorandum comes to the conclusion that it can not be carried
out within a reasonable space of time.
“C. Assimilation of the Czechs, i.e. absorption of about half of
the Czech nationality by the Germans, insofar as this is of
importance by being valuable from a racial or other standpoint.
This will take place among other things, also by increasing the
_Arbeitseinsatz_ of the Czechs in the Reich territory, with the
exception of the Sudeten German border district; in other words,
by dispersing the closed Czech nationality. The other half of
the Czech nationality must be deprived of its power, eliminated
and shipped out of the country by all sorts of methods. This
applies particularly to the racially mongoloid part, and to the
major part of the intellectual class. The latter can scarcely be
converted ideologically, and would represent a burden by
constantly making claims for leadership over the other Czech
classes, and thus interfering with a rapid assimilation.
“Elements which counteract the planned Germanization are to be
handled roughly and should be eliminated.
“The above development naturally presupposes an increased influx
of Germans from the Reich territory into the Protectorate.
“After a discussion, the Fuehrer has chosen Solution C
(assimilation) as a directive for the solution of the Czech
problem, and decided that, while keeping up the autonomy of the
Protectorate on the surface, the Germanization will have to be
carried out in a centralized way by the office of the Reich
Protector for years to come. From the above no particular
conclusions are drawn by the Armed Forces. This is the direction
which has always been represented from here.
“In this connection, I refer to my memorandum which was sent to
the Chief of the Supreme Command of the Armed Forces, dated 12
July 1939, entitled ‘The Czech Problem’.” (_862-PS_)
That view of the Reich Protector was accepted and formed a basis of his
policy. The result was a program of consolidating German control over
Bohemia and Moravia by the systematic oppression of the Czechs through
the abolishment of civil liberties, and the systematic undermining of
the native political, economic, and cultural structure by a regime of
terror. The only protection given by von Neurath was a protection to the
perpetrators of innumerable crimes against the Czechs. (Proof of this
aspect of von Neurath’s responsibility was left for development by the
Soviet prosecuting staff.)
F. _CONCLUSION._
Von Neurath received many honors and rewards as his worth. It even
appears that Hitler showered more honors on von Neurath than on some of
the leading Nazis who had been with the Party since the very beginning.
His appointments as President of the newly created Secret Cabinet
Council in 1938 was in itself a new and singular distinction. On 22
September 1940 Hitler awarded him the War Merit Cross, First Class, as
Reich Protector for Bohemia and Moravia. He was also awarded the Golden
Badge of the Party, and was promoted by Hitler personally from the rank
of _Gruppenfuehrer_ to _Obergruppenfuehrer_ in the SS, on 21 June 1943.
Von Neurath and Ribbentrop were the only two Germans to be awarded the
_Adlerorden_, a distinction normally reserved for foreigners. Von
Neurath’s seventieth birthday, 2 February 1943, was made the occasion
for most of the German newspapers to praise his many years of service to
the Nazi regime. This service, in the view of the prosecution, may be
summed up in two ways:
(1) He was an internal fifth columnist among Conservative political
circles in Germany. They had been anti-Nazi but were converted in part
by seeing one of themselves, in the person of von Neurath,
wholeheartedly with the Nazis.
(2) His previous reputation as a diplomat made public opinion abroad
slow to believe that he would be a member of a cabinet which did not
stand by its words and assurances. It was most important for Hitler that
his own readiness to break every treaty or commitment should be
concealed as long as possible, and for this purpose he found in von
Neurath his handiest tool.
* * * * *
LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO CONSTANTIN VON
NEURATH
│ │ │
Document │ Description │ Vol. │ Page
│ │ │
│Charter of the International Military │ │
│ Tribunal, Article 6. │ I │ 5
│International Military Tribunal, │ │
│ Indictment Number 1, Section IV (H);│ │
│ Appendix A. │ I │ 29, 64
│ ———— │ │
│Note: A single asterisk (*) before a │ │
│document indicates that the document │ │
│was received in evidence at the │ │
│Nurnberg trial. A double asterisk (**)│ │
│before a document number indicates │ │
│that the document was referred to │ │
│during the trial but was not formally │ │
│received in evidence, for the reason │ │
│given in parentheses following the │ │
│description of the document. The USA │ │
│series number, given in parentheses │ │
│following the description of the │ │
│document, is the official exhibit │ │
│number assigned by the court. │ │
│ ———— │ │
*386-PS │Notes on a conference with Hitler in │ │
│the Reich Chancellery, Berlin, 5 │ │
│November 1937, signed by Hitler’s │ │
│adjutant, Hossbach, and dated 10 │ │
│November 1937. (USA 25) │ III │ 295
│ │ │
*388-PS │File of papers on Case Green (the plan│ │
│for the attack on Czechoslovakia), │ │
│kept by Schmundt, Hitler’s adjutant, │ │
│April-October 1938. (USA 26) │ III │ 305
│ │ │
*789-PS │Speech of the Fuehrer at a conference,│ │
│23 November 1939, to which all Supreme│ │
│Commanders were ordered. (USA 23) │ III │ 572
│ │ │
*812-PS │Letter from Rainer to Seyss-Inquart, │ │
│22 August 1939 and report from │ │
│Gauleiter Rainer to Reichskommissar │ │
│Gauleiter Buerckel, 6 July 1939 on │ │
│events in the NSDAP of Austria from │ │
│1933 to 11 March 1938. (USA 61) │ III │ 586
│ │ │
*862-PS │Memorandum by General Friderici, │ │
│Plenipotentiary of the Wehrmacht to │ │
│the Reich Protector of Bohemia and │ │
│Moravia, initialled by Keitel, Jodl │ │
│and Warlimont, 15 October 1940, │ │
│concerning plan to Germanize │ │
│Czechoslovakia. (USA 313) │ III │ 618
│ │ │
*1439-PS │Treaty of Protection between Slovakia │ │
│and the Reich, signed in Vienna 18 │ │
│March and in Berlin 23 March 1939. │ │
│1939 Reichsgesetzblatt, Part I, p. │ │
│606. (GB 135) │ IV │ 18
│ │ │
1654-PS │Law of 16 March 1935 reintroducing │ │
│universal military conscription. 1935 │ │
│Reichsgesetzblatt, Part I, p. 369. │ │
│(Referred to but not offered in │ │
│evidence.) │ IV │ 163
│ │ │
*1708-PS │The Program of the NSDAP. National │ │
│Socialistic Yearbook, 1941, p. 153. │ │
│(USA 255, USA 324) │ IV │ 208
│ │ │
*1760-PS │Affidavit of George S. Messersmith, 28│ │
│August 1945. (USA 57) │ IV │ 305
│ │ │
*1774-PS │Extracts from Organizational Law of │ │
│the Greater German Reich by Ernst │ │
│Rudolf Huber. (GB 246) │ IV │ 349
│ │ │
*1780-PS │Excerpts from diary kept by General │ │
│Jodl, January 1937 to August 1939. │ │
│(USA 72) │ IV │ 360
│ │ │
*2031-PS │Decree establishing a Secret Cabinet │ │
│Council, 4 February 1938. 1938 │ │
│Reichsgesetzblatt, Part I, p. 112. (GB│ │
│217) │ IV │ 654
│ │ │
2119-PS │Decree of the Fuehrer and Reich │ │
│Chancellor concerning the Protectorate│ │
│of Bohemia and Moravia, 16 March 1939.│ IV │ 751
│ │ │
*2194-PS │Top secret letter from Ministry for │ │
│Economy and Labor, Saxony, to Reich │ │
│Protector in Bohemia and Moravia, │ │
│enclosing copy of 1938 Secret Defense │ │
│Law of 4 September 1938. (USA 36) │ IV │ 843
│ │ │
*2246-PS │Report of von Papen to Hitler, 1 │ │
│September 1936, concerning Danube │ │
│situation. (USA 67) │ IV │ 930
│ │ │
*2247-PS │Letter from von Papen to Hitler, 17 │ │
│May 1935, concerning intention of │ │
│Austrian government to arm. (USA 64) │ IV │ 930
│ │ │
2261-PS │Directive from Blomberg to Supreme │ │
│Commanders of Army, Navy and Air │ │
│Forces, 24 June 1935; accompanied by │ │
│copy of Reich Defense Law of 21 May │ │
│1935 and copy of Decision of Reich │ │
│Cabinet of 12 May 1935 on the Council │ │
│for defense of the Reich. (USA 24) │ IV │ 934
│ │ │
*2288-PS │Adolf Hitler’s speech before the │ │
│Reichstag, published in Voelkischer │ │
│Beobachter, Southern Germany Special │ │
│Edition, No. 142a, 22 May 1935. (USA │ │
│38) │ IV │ 993
│ │ │
*2289-PS │Hitler’s speech in the Reichstag, 7 │ │
│March 1936, published in Voelkischer │ │
│Beobachter, Berlin Edition, No. 68, 8 │ │
│March 1936. (USA 56) │ IV │ 994
│ │ │
*2353-PS │Extracts from General Thomas’ Basic │ │
│Facts for History of German War and │ │
│Armament Economy. (USA 35) │ IV │ 1071
│ │ │
*2357-PS │Speech by Hitler before Reichstag, 20 │ │
│February 1938, published in Documents │ │
│of German Politics, Part VI, 1, pp. │ │
│50-52. (GB 30) │ IV │ 1099
│ │ │
2358-PS │Speech by Hitler in Sportspalast, │ │
│Berlin, 26 September 1938, from │ │
│Voelkischer Beobachter, Munich │ │
│Edition, 27 September 1938. │ IV │ 1100
│ │ │
*2360-PS │Speech by Hitler before Reichstag, 30 │ │
│January 1939, from Voelkischer │ │
│Beobachter, Munich Edition, 31 January│ │
│1939. (GB 134) │ IV │ 1101
│ │ │
*2385-PS │Affidavit of George S. Messersmith, 30│ │
│August 1945. (USA 68) │ V │ 23
│ │ │
2541-PS │Extracts from German Publications. │ V │ 285
│ │ │
2771-PS │U. S. State Department, National │ │
│Socialism, published by U. S. │ │
│Government Printing Office, 1943. │ V │ 417
│ │ │
*2852-PS │Minutes of meetings of Council of │ │
│Ministers for Reich Defense. (USA 395)│ V │ 512
│ │ │
*2949-PS │Transcripts of telephone calls from │ │
│Air Ministry, 11-14 March 1938. (USA │ │
│76) │ V │ 628
│ │ │
*2972-PS │List of appointments held by von │ │
│Neurath, 17 November 1945. (USA 19) │ V │ 679
│ │ │
*2986-PS │Affidavit of the defendant, Wilhelm │ │
│Frick, 19 November 1945. (USA 409) │ V │ 688
│ │ │
*3045-PS │Letter, 12 March 1938, to British │ │
│Embassy enclosing letter from │ │
│Henderson to Neurath, 11 March 1938. │ │
│(USA 127) │ V │ 765
│ │ │
*3287-PS │Letter from von Neurath to Henderson, │ │
│12 March 1938. (USA 128) │ V │ 1090
│ │ │
*C-139 │Directive for operation “Schulung” │ │
│signed by Blomberg, 2 May 1935. (USA │ │
│53) │ VI │ 951
│ │ │
*C-140 │Directive for preparations in event of│ │
│sanctions, 25 October 1935, signed by │ │
│Blomberg. (USA 51) │ VI │ 952
│ │ │
*C-153 │Naval Armament Plan for the 3rd │ │
│Armament Phase, signed by Raeder, 12 │ │
│May 1934. (USA 43) │ VI │ 967
│ │ │
D-449 │Extract from The Archive, 1937, p. │ │
│650. │ VII │ 58
│ │ │
D-471 │Extract from The Archive, October │ │
│1937, p. 921. │ VII │ 59
│ │ │
*D-660 │Extracts from Hutchinson’s Illustrated│ │
│edition of Mein Kampf. (GB 128) │ VII │ 164
│ │ │
EC-177 │Minutes of second session of Working │ │
│Committee of the Reich Defense held on│ │
│26 April 1933. (USA 390) │ VII │ 328
│ │ │
*EC-407 │Minutes of Twelfth Meeting of Reichs │ │
│Defense Council, 14 May 1936. (GB 247)│ VII │ 462
│ │ │
*L-150 │Memorandum of conversation between │ │
│Ambassador Bullitt and von Neurath, │ │
│German Minister for Foreign Affairs, │ │
│18 May 1936. (USA 65) │ VII │ 890
│ │ │
*TC-22 │Agreement between Austria and German │ │
│Government and Government of Federal │ │
│State of Austria, 11 July 1936. (GB │ │
│20) │ VIII │ 369
│ │ │
*TC-25 │Non-aggression Treaty between Germany │ │
│and USSR and announcement of 25 │ │
│September 1939 relating to it. (GB │ │
│145) │ VIII │ 375
│ │ │
*TC-26 │German assurance to Austria, 21 May │ │
│1935, from Documents of German │ │
│Politics, Part III, p. 94. (GB 19) │ VIII │ 376
│ │ │
*TC-27 │German assurances to Czechoslovakia, │ │
│11 and 12 March 1938, as reported by │ │
│M. Masaryk, the Czechoslovak Minister │ │
│to London to Viscount Halifax. (GB 21)│ VIII │ 377
│ │ │
*TC-34 │German Declaration to the Belgian │ │
│Minister of 13 October 1937. (GB 100) │ VIII │ 381
│ │ │
*TC-44 │Notice by German government of │ │
│existence of German Air Force, 9 March│ │
│1935. (GB 11) │ VIII │ 386
│ │ │
*TC-50 │Proclamation of the Fuehrer to the │ │
│German people and Order of the Fuehrer│ │
│to the Wehrmacht, 15 March 1939, from │ │
│Documents of German Politics, Part │ │
│VII, pp. 499-501. (GB 7) │ VIII │ 402
│ │ │
TC-51 │Decree establishing the Protectorate │ │
│of Bohemia and Moravia, 16 March 1939.│ │
│(GB 8) │ VIII │ 404
│ │ │
*Chart No. 1 │National Socialist German Workers’ │ │
│Party. (2903-PS; USA 2) │ VIII │ 770
21. HANS FRITZSCHE
A. _POSITIONS HELD BY FRITZSCHE IN THE NAZI STATE._
Fritzsche’s Party membership and his various positions in the propaganda
apparatus of the Nazi State are shown in two affidavits made by himself
(_2976-PS_; _3469-PS_). Fritzsche became a member of the Nazi Party on 1
May 1933, and continued to be a member until Germany’s collapse in 1945.
Fritzsche began his service with the staff of the Reich Ministry for
People’s Enlightenment and Propaganda (hereinafter referred to as the
Propaganda Ministry) on 1 May 1933, he remained within the Propaganda
Ministry until the Nazi downfall in the spring of 1945.
Before the Nazis seized political power in Germany, and beginning in
September 1932, Fritzsche was head of the Wireless News Service
(_Drahtloser Dienst_), an agency of the Reich Government, which at that
time was the government of von Papen. After the Wireless News Service
was incorporated into Dr. Goebbels’ Propaganda Ministry in May 1933,
Fritzsche continued as its head until 1938. Upon entering the Progapanda
Ministry in May 1933, Fritzsche also became head of the news section of
the Press Division of the Propaganda Ministry. He continued in this
position until 1937. In the summer of 1938 Fritzsche was appointed
deputy to Alfred Ingemar Berndt, who was then head of the German Press
Division. (The German Press Division, in the Indictment, is called the
“Home Press Division.” Since “German Press Division” seems to be a more
literal translation, it is referred to as the German Press Division
throughout this section. It is sometimes otherwise known as the Domestic
Press Division.) This Division, as will be later shown, was the major
section of the Press Division of the Reich Cabinet.
In December 1938 Fritzsche succeeded Berndt as the head of the German
Press Division. Between 1938 and November 1942, Fritzsche was promoted
three times. He advanced in title from Superior Government Counsel to
Ministerial Counsel, then to _Ministerialdirigent_, and finally to
_Ministerialdirektor_.
In November 1942 Fritzsche was relieved of his position as head of the
German Press Division by Dr. Goebbels. In its place he accepted from Dr.
Goebbels a newly created position in the Propaganda Ministry, that of
Plenipotentiary for the Political Organization of the Greater German
Radio. At the same time he also became head of the Radio Division of the
Propaganda Ministry. He held both these positions in radio until the
Nazi downfall.
There are two allegations in the Indictment concerning Fritzsche’s
positions for which no proof is available. The first unsupported
allegation states that Fritzsche was Editor-in-Chief of the official
German News Agency, _Deutsche Nachrichten Buero_. The second unsupported
allegation states that Fritzsche was head of the Radio Division of the
Propaganda Department of the Nazi Party. Fritzsche, in his affidavit,
denies having held either of these positions, and these two allegations
must fall for want of other proof.
B. _FRITZSCHE’S PART IN THE CONSPIRACY TO CONSOLIDATE NAZI CONTROL OVER
GERMANY AND TO LAUNCH WARS OF AGGRESSION._
In one of his affidavits (_3469-PS_), which contains numerous statements
in the nature of self-serving declarations, Fritzsche states that he
first became a successful journalist in the service of the Hugenberg
Press, the most important chain of newspaper enterprises in pre-Nazi
Germany. The Hugenberg concern owned papers of its own, but it was
important primarily because it served newspapers which principally
supported the so-called “national” parties of the Reich, including the
NSDAP.
In paragraph 5 of this affidavit (_3469-PS_), Fritzsche relates that in
September 1932, when von Papen was Reich Chancellor, he was made head of
the Wireless News Service, replacing an official who was politically
unbearable to the Papen regime. The Wireless News Service was a
government agency for spreading news by radio. Fritzsche began making
radio broadcasts at about this time, with a success which Goebbels
recognized and later exploited on behalf of the Nazi conspirators.
On the evening of the day when the Nazis seized power, the 30 January
1933, two emissaries from Goebbels visited Fritzsche. One of them was
Dressler-Andrees, head of the Radio Division of the NSDAP; the other was
an assistant of Dressler-Andrees named Sadila-Mantau. These two
emissaries notified Fritzsche that although Goebbels was angry with
Fritzsche for writing an article critical of Hitler, still Goebbels
recognized Fritzsche’s public success on the radio. They stated further
that Goebbels desired to retain Fritzsche as head of the Wireless News
Service on certain conditions: (1) that Fritzsche discharge all Jews;
(2) that he discharge all other personnel who would not join the NSDAP;
(3) that he employ with the Wireless News Service the second Goebbels’
emissary, Sadila-Mantau. Fritzsche refused all these conditions except
the hiring of Sadila-Mantau. (_3469-PS_)
Fritzsche continued to make radio broadcasts during this period in which
he supported the national National Socialist coalition government then
still existing.
In early 1933 SA troops several times called at the Wireless News
Service and Fritzsche prevented them, with some difficulty, from making
news broadcasts.
In April 1933 Goebbels called Fritzsche to him for a personal audience.
At paragraph 9 of his affidavit (_3469-PS_) Fritzsche has described his
prior relationship with Dr. Goebbels: