Book 3, Document Number 98, and the then British Foreign Secretary Eden

went to Berlin at the end of March 1935 for conversations about the

possibilities of an agreement in the naval question.

In this connection, I particularly want to draw attention to the

testimony of the witness Ambassador Dr. Dieckhoff, who was heard here.

Only France, in consequence of her attitude that only the League of

Nations was entitled to solve collectively the problems of disarmament

and, therefore, of peace—only France considered it necessary to submit

the measures taken by Germany to the League of Nations, on 20 March

1935, and to induce the League to establish that Germany had committed a

violation of a duty incumbent on all nations, the duty of carrying out

contracted obligations. It goes without saying that the German

Government, in its note of 20 April 1935, refused to accept the renewed

discrimination contained in this resolution of the League of Nations.

However, neither this resolution, nor the signing, on 2 May 1935, of the

afore-mentioned Franco-Russian Treaty of Mutual Assistance, nor the

Russian-Czechoslovak Treaty of Mutual Assistance which supplemented it,

prevented Germany from continuing her very active efforts for an

agreement with the Western Powers. On 21 May 1935 Hitler, in the German

Reichstag, proclaimed a new peace program, in which he again stressed

and underlined in the most emphatic manner possible his own and the

German people’s irrevocable will for peace, and his full readiness to

participate in any system, or in a collective collaboration, which would

guarantee European peace, to re-enter the League of Nations, provided

that Germany’s equality of rights was acknowledged, and to apply to the

rearmament of the German Wehrmacht any restriction which the other

powers might also adopt. This speech of Hitler and the diplomatic

discussions with other powers, initiated at the same time, had the

promising result that the well-known Naval Agreement of 18 June 1935,

establishing a fixed ratio of the respective naval forces, was concluded

between England and Germany.

This German-English agreement is of the greatest importance in two

respects. On the one hand, from a diplomatic point of view, it

constitutes no more and no less than the _de facto_ acknowledgment, on

the part of England, of German armed sovereignty, the negation of the

League of Nations’ resolution and, therefore, of the French point of

view, and England’s acknowledgment and approval of the German act which

had been stigmatized by the League of Nations as a treaty violation. For

the first time, therefore, Germany’s equality of rights was recognized

not only _de jure_ but also _de facto_ by one of the Western Powers, and

by one of the most important ones.

On the other hand, this agreement proves irrefutably, from the point of

view of this Trial, that the Prosecution’s contention that Germany’s

rearmament was an act of preparation for Hitler’s future wars of

aggression is incorrect. On the contrary, this naval agreement shows

quite clearly that German foreign policy, at that time, while it was

still conducted by my client, had no warlike intentions of any sort, not

to speak of plans, and that the reinstatement of German armed

sovereignty was not under any circumstances an indication of warlike

intentions, but an obviously defensive measure and nothing else. Would a

statesman who harbors warlike intentions or plans, moreover, voluntarily

consent to a restriction of his armaments to the extent provided by the

naval agreement, and thus endanger the successful execution of his

intentions and plans? Even the most malevolent person cannot earnestly

maintain that the naval power granted Germany by this agreement was even

remotely sufficient for a war of aggression; that has been clearly

established by the evidence in this Trial. Through this agreement Hitler

actually deprived himself of the possibility of creating a navy

sufficiently powerful to wage a war of aggression. It is clear that any

considerable transgression of the agreed ratio of the two navies which,

as things were, could under no circumstances and by no means have been

kept secret, would beyond doubt have induced England immediately either

to increase her own navy accordingly or to obstruct this German

intention by force, as she had the power to do at any time. From

whatever point of view one may look at this naval agreement, nothing can

remove the fact that it was, and is, an unshakable proof of the absolute

honesty and sincerity of the repeated declarations of Germany’s will for

peace, an irrefutable proof against the existence of any, even the most

secret warlike designs or plans of German foreign policy and, therefore,

of its leader, the Defendant Von Neurath.

In France this Anglo-German naval agreement met with general opposition.

It was regarded as an arbitrary act on the part of England, a departure

from the common line which still found expression in the resolution of

the League of Nations, a departure, moreover, which was bound to

interfere with French plans. So France was very reluctant and negative

in her attitude toward the negotiations which England had begun with the

aim of concluding a general air pact, and which ran parallel with the

negotiations for the naval agreement. Hitler’s speech of 21 May 1935 had

also been the cause for these negotiations, because in it, Hitler,

referring to the London communiqué, had also offered to take part in an

agreement for the limitation of air armament, and the German Government,

taking up the English suggestion, actually presented a draft for such an

air pact on 29 May 1935. But talks of nearly 3 months’ duration between

the English and French Governments were necessary before England

succeeded in inducing France to consent even to participate in these

negotiations. This consent, however, was in reality not a consent at all

because, among other things, it was made dependent on the condition that

the realization of this air pact must keep pace with the negotiations

for the Eastern treaty, and since this treaty had, at that time, to be

rejected by Germany for reasons of her own security, as has already been

mentioned, it was clear that the French condition would block the way to

successful negotiations from the very beginning. When the

Soviet-sponsored Comintern Congress met in Moscow on 25 July 1935, and

it became quite clear that the Comintern’s aim was world revolution,

Germany’s opposition—as will be understood—only stiffened.

It could not be surprising that on 16 September 1935 the Defendant Von

Neurath informed the English Ambassador that the German Foreign Office

did not consider that an answer to the memorandum of the British

Government of 5 August 1935 would be opportune; that was the memorandum

which had demanded answers to a number of French questions hardly

connected with the air pact. Besides, the conflict between Italy and

Abyssinia had already cast its shadows, which alone were sufficient to

suspend further negotiations for the air pact. For how could a political

agreement between the five powers of the Locarno Treaty be possible—and

the German Foreign Office very rightly pointed this out—if co-operation

between these powers was in a state of dissolution, and if some of these

powers were even facing each other in armed readiness. On 7 September

1935, as is known, the British Home Fleet set out for the Mediterranean,

and negotiations between England and France for the application of

sanctions against Italy were in full swing. On 3 October 1935 war broke

out between Italy and Abyssinia.

German foreign policy succeeded in keeping out of the events which now

followed in Africa and the efforts of the powers to apply sanctions

against Italy. But nevertheless these events proved of importance for

German foreign policy, too; because they prepared, and especially the

question of sanctions, a new constellation of powers, which on one hand

led to a closer union between England and France and the adoption by

England of France’s point of view, and on the other hand brought

Germany, again defamed by the resolution of the League of Nations of 17

April 1935, naturally closer together with Italy, who was also defamed

by the sanctions applied against her. These sanctions, at the same time,

logically enough resulted in the dissolution of the Locarno Treaty, for

it was quite impossible to consider a treaty as still justified in its

existence if its participants were opposed to one another in such a

hostile way that the danger of warlike actions was always present.

The efforts of the French Government, already having begun in its note

of 10 September 1935 to draw England also into the net of its pacts and

obligations, clearly showed the tendency of French policy, and were only

to confirm the German statesmen’s conviction that France was

consistently following her policy of encirclement, which was regarded as

a menace to Germany. But Germany’s leaders and the Defendant Von Neurath

were still reluctant to draw the consequences from this state of affairs

and take the absolutely essential step for the most primitive needs of

Germany’s security. German foreign policy, in its unshakable desire for

peace and its readiness to negotiate, was still hoping that an agreement

could be reached, that France would abandon her course, and that a

really honest and sincere understanding with France could be reached.

This hope, however, was soon a delusion.

On 16 January 1936 the French Foreign Minister Laval announced that

after his return from Geneva at the beginning of February he would ask

the French Parliament to ratify the Pact of Mutual Assistance concluded

with Russia. And at about the same time the Defendant Von Neurath heard

from reliable sources that the French General Staff had worked out

military plans for an attack on Germany, providing for the advance of

French troops from the Rhineland, along the course of the river Main,

for a link with the Russian armies through Czechoslovakia. This proved

even to the most naive the offensive character of the Franco-Russian

pact, and there was even less room for doubt if one took into

consideration the negotiations which took place inside and outside the

French Chamber before the ratification of the pact. For even in France,

opposition to this pact, specifically on account of its offensive

character, was not small. The French veterans of the first World War

headed the opposition: The _Union Nationale des Combattants_ declared,

in a resolution of 8 February 1936, that this pact contained more

certainties of war than possibilities of peace. And the speech of Deputy

Montigny in the French Chamber on 13 February 1936 was a single flaming

protest—this is contained in my Document Book 4, Document Neurath-107.

The pact, Montigny said, only widened the breach between France and

Germany, and Germany must more than ever gain the impression that she

was being encircled if a party dependent on Moscow, like the Communist

Party, followed the policy of Delcassé, the policy of revenge and the

policy of the former Russo-French pact. The greatest danger of war would

arise if France were to convey the impression that she enjoyed the

secret protection of Moscow.

Even the German Government made a last attempt to dissuade France from

ratifying the pact. In the interview which he gave to Bertrand de

Jouvenel, the correspondent of the French newspaper _Paris Midi_, on 21

February 1936—Document Book 4, Document Neurath-108—Hitler once again

held out his hand to the French people for an understanding, for lasting

peace and for friendship. “I want to prove to my people,” Hitler said,

“that the idea of hereditary enmity between France and Germany is an

absurdity.” And in that interview Hitler once and for all disposed of

the continual references to his book _Mein Kampf_, which were being made

at that time just as much as today in this courtroom, when he said:

“When I wrote this book, I was in prison. At that time, French

troops occupied the Ruhr—it was at the moment of greatest

tension between our two countries. Yes, we were enemies, and I

stood by my country as I was bound to do, just as I stood by my

country against yours when I spent 4 years and 6 months in the

trenches. I should despise myself if, in the event of a

conflict, I had not considered myself a German first and

foremost. But today there is no longer any reason for a

conflict.

“You would like me to correct my book, as a writer would do....

But I am not a writer; I am a politician. I make my corrections

in my foreign policy, which is directed toward an understanding

with France. If I achieve this German-French understanding, it

will be a worthwhile correction.”

In the same interview, however, Hitler drew attention quite clearly to

the inevitable consequences of the Franco-Russian pact:

“My personal efforts for such an understanding will never cease.

But this more than regrettable pact would, in fact, create a new

situation. Are you in France not conscious of what you are

doing?

“You are allowing yourself to be drawn into a diplomatic game of

a power which is interested only in causing confusion among the

great European nations, a state of affairs from which this power

alone will derive an advantage. One must not lose sight of the

fact that Soviet Russia is a political factor with an explosive

revolutionary idea and gigantic armaments.”

He concluded the interview by emphasizing again that France could, if

she wanted, end this alleged German danger permanently, because the

German people had complete confidence in him, their leader, and he

desired friendship with France. That Hitler was honest and sincere in

these declarations has been proved by the evidence of the Trial.

But it was all in vain. The French Government could no longer be moved

to abandon its rigid attitude, and on 27 February 1936, the French

Chamber, in spite of all warnings, voted to ratify the pact. The die was

cast. On 7 March 1936 German troops again marched into their old

garrisons in the Rhineland zone, demilitarized until then. The German

Reich had restored its full sovereignty over the entire territory of the

Reich. The last of the barriers of the Versailles Treaty, restricting

this full sovereignty, had fallen.

This reinstatement of the full sovereignty of the Reich over the

Rhineland, however, was of importance for a reason which, from the

standpoint of existence of the German State and nation, far surpassed

the politics and prestige of this step, and which was also the sole

cause for the grave decision of the German Government. This reason was

the security of the Reich. As long as the Rhineland was demilitarized,

not only was one of the most valuable and most important provinces of

the Reich, but the Reich itself, and especially its life source, the

Ruhr territory, defenseless against any military attack from the West.

The only protection for Germany against this terrible latent danger was

the Locarno Treaty of 1925, which was guaranteed by Great Britain and

Italy, and in which France and Belgium, on the one hand, and Germany on

the other hand, undertook not to wage war against each other. Therefore,

for the German Reich, if it was in the future to accept the

vulnerability of its western frontier in the form of a demilitarized

Rhineland, it was a matter of life and death that the protection which

this treaty afforded should not be falsified.

But the meaning of this treaty and its essence, the protection of

Germany, were, in fact, falsified at the moment when the political

conditions and constellations which had existed at the time of the

conclusion of the treaty changed fundamentally. When the Locarno Treaty

was concluded, political conditions in Europe, and also in Germany, were

governed and determined solely by the four power—England, France,

Italy, and Germany—acting in unison. And, therefore, the men who made

the Locarno Treaty for Germany could legitimately rely on the

faithfulness to this treaty of France and Belgium as sufficient

protection. These circumstances, however, ceased to exist—and,

therefore, the meaning and essence of this treaty, and with it the

conditions for the protection for Germany, were bound to change or to be

falsified—when France altered this political relationship in Europe

fundamentally by concluding her pact of mutual assistance with Russia,

and thereby creating a situation which frustrated the aim and purpose of

the Locarno Treaty—namely, to give Germany protection against the

permanent danger arising from the demilitarization of the Rhineland.

The political constellation of Europe had been completely changed,

indeed reversed, by this pact, because the world’s greatest military

power, which was, moreover, at that time openly revolutionary-minded,

had now entered the political arena. In the face of the obscure

situation in the East, amply strewn with the seeds of a conflict, the

pact could easily result in the possibility of France, in view of her

obligations toward Russia, being drawn into a war against Germany, and

attacking Germany who might be involved in a conflict in the East. One

has to admit that it was in no way certain, or in any case highly

problematical, whether the guaranteeing powers, England and Italy, would

under those circumstances consider the case in point as one in which the

guarantee applied, and would actively assist Germany against a French

attack, or whether they would not rather prefer to stay neutral. That

this possibility actually existed, also from the legal point of view of

the treaty, was already shown in the German note of 25 May 1935 about

the French-Russian pact—Document Book 3, Document Neurath-105—and was

emphasized again in the German memorandum of 7 March 1936 to the

signatory powers of the Locarno Treaty—Document Book 4, Document

Neurath-109.

As I have already said, this possibility, this danger, became even

greater and more imminent as a result of the events leading up to the

ratification of the French-Russian pact by the French Chamber, and as a

result of the ratification itself. It was, therefore, an imperative and

manifest act of self-defense and self-preservation when the German

Government, in realizing this tremendous danger, took the minimum steps

necessary to meet this danger—namely, when it restored the armed

sovereignty of the Reich in 1935, when one year later it reoccupied the

demilitarized zone, the ideal base for any French attack, and thus

advanced the defense line against any attack from the West forward to

the border of the Reich.

With all due respect to the rights and rightful interests of other

nations, the very highest, overriding duty of every government—and of

all responsible statesmen—was, is now, and always will be, to maintain

and safeguard the existence and life of its own state and nation. A

statesman who neglects this duty commits a sin against his nation. The

re-establishment of armed sovereignty, rearmament, and the reoccupation

of the Rhineland were the natural reactions, the dutiful answer, of the

German statesmen—and of the Defendant Von Neurath—to the policy of the

French Government, in which, after all that had gone before, they saw a

threat to Germany.

Far be it from, me—and I wish to state this quite emphatically—to

reproach by my foregoing statements the French Government here, morally

or otherwise, for its policy as I have described it. I am, in

fact—together with the Defendant Von Neurath—firmly convinced, and I

recognize fully, that the French policy was dictated solely by France’s

interests, and that the French statesmen surely did only what they

believed was right from the French point of view. And if, in doing this,

they proceeded on a premise which, according to German conviction, was a

false one—namely, the premise that a Germany which had regained her

strength constituted a danger and a threat to France, and that the

German people had always regarded the French people with blind rage,

hatred, and enmity, and were animated only by a passion for aggression

and a desire for revenge—then my client and I can only sincerely

deplore this, but we cannot condemn it.

But, on the other hand, I, too, must claim for the German statesmen—for

the Defendant Von Neurath—the right that their deeds and actions be

judged on the basis of their reasons, on the basis of the needs and

circumstances of the time, and from the viewpoint of German interests;

and that these men not be accused of motives which in themselves are

more than improbable and were, in any case, far from their minds.

Politics, diplomacy, is history come to life. Like the entire universe,

like everything that lives and moves in it, this living history, too, is

subject to an unchangeable fundamental law, the law of causality. And I

believe, Gentlemen of the Tribunal, that I have been able to produce

clear evidence that the two actions with which the defendant is charged

by the Prosecution, and which are said to incriminate him, in

particular, because they constituted treaty violations in preparation

for war—namely, the re-establishment of the armed sovereignty of the

Reich and the remilitarization of the Rhineland—were a logical and

inevitable sequence of the events and the political development during

the years of my client’s activity as Foreign Minister, the result of the

policies of the Western Powers; and that neither he nor Hitler

consciously, intentionally, or according to a preconceived plan, brought

them about, but that they were the unavoidable outcome of French policy.

They, therefore, not only cannot have an aggressive character or

tendency, and cannot indicate preparations for war, as the Prosecution

assert in their retrospective consideration of these things but, on the

contrary, they served only the defensive purpose of warding off a

possible attack, and have a decidedly defensive and, therefore, peaceful

character. That they cannot, therefore, be viewed as actions preparatory

for a future war of aggression on the part of Germany, I need hardly

emphasize.

The assertion of the Prosecution proves only that it is absolutely

inappropriate and quite absurd to view retrospectively and draw

conclusions from single historical actions and events torn out of their

context and roughly and incoherently put together. This way of viewing

things is absolutely useless for the purpose of investigating and

finding historical truth, which is surely the first condition and duty

of this High Tribunal not only for the forming of their judgment but

also for their task of showing the way for a new conception.

But a critical examination of the two steps charged against the

defendant as breaches of international treaties fails, upon closer

scrutiny of the circumstances, to prove the charges sound. For the

Treaty of Versailles, as well as the Treaty of Locarno, had, in the

course of time and events, not only lost their significance and

therewith their inherent justification, but both of them had long since

been broken by French policy and, therefore, annulled. The Treaty of

Versailles had been broken by the obstinate refusal to carry out the

disarmament obligations imposed upon France, as well as upon the other

contracting nations, in return for Germany’s disarmament; and the Treaty

of Locarno had been broken by the conclusion of the agreement with

Russia, which was incompatible with the Locarno Treaty. History, as

often before, had passed over them, and had thus shown the absurdity of

applying rigidly the dogma _Pacta servanda sunt_, as France tried to do

with regard to Germany. This fact cannot be altered by the League of

Nations resolution of 19 March 1936, which had been proposed by France,

and which in itself was not astonishing in view of France’s dominating

position in the League of Nations; in this resolution the League stated

that by reoccupying the Rhineland, Germany had violated Article 43 of

the Treaty of Versailles. But history passed over that, too.

I do not think that further comments are needed upon this resolution and

the statements and parleys between the participating nations which

preceded and followed it; they came to nothing, in the course of events,

and Europe finally made the best of the accomplished facts.

But even on the supposition that this resolution were correct, a breach

of an international treaty is punishable—according to the Charter of

the High Tribunal—only if it served in the preparation of a war of

aggression. And during this Trial one of the gentlemen of the American

Prosecution expressly stated that it was absolutely legal and

justifiable to bring about the revision or annulment of treaties by

peaceful means; and German foreign policy did nothing else. The whole

military action of the reoccupation of the Rhineland was, in view of the

small force of troops used—only one division, and the Luftwaffe did not

take part in it at all—in reality only a symbolic act for the

restoration of the sovereignty of the Reich; that was already evident

from the fact that, as early as 12 March 1936, the German Government,

through a statement of its Ambassador in London, contained in my

Document Book 4, Document Neurath-113, made the proposal that in the

case of reciprocity it would not reinforce its troops and would not

order them to advance closer to the borders. The proposal was rejected

by France.

German policy has throughout, and in every respect, remained true to its

principle of peace for which it had consistently stood for many years;

and in reality it only desired to serve and did serve peace and its

maintenance in Europe. Both steps, the restoration of armed sovereignty

and the reoccupation of the Rhineland, were—and I especially want to

emphasize this here—were nothing else but the visible expression of the

full and unrestricted sovereignty of the Reich. This sovereignty had

already been recognized by the Western Powers in the oft-mentioned Five

Power Agreement of 11 December 1932, containing the recognition of

Germany’s right of equality. More conclusive evidence can hardly be

found for the love of peace and the clear policy of peace of the

Defendant Von Neurath than the fact that he waited for years for the

realization of this recognition in order to avoid complications which,

in view of the earlier attitude of the French and their policy, might

possibly have arisen. He waited for years—up to the moment when, in

consequence of the changed balance of power, this realization became an

unquestionable necessity for the security of the Reich, a necessity of

self-defense.

And German foreign policy continued unchanged in practice to follow this

peaceful tendency even after, and in spite of this resolution. In the

German memorandum of 31 March 1936—Document Book 4, Document

Neurath-116—the German Foreign Office, on behalf of the Reich

Government, once more submitted to the powers a new great peace plan for

a quarter of a century of peace in Europe, by means of which, as is

stated at the end, it wanted to make its contribution to the building of

a new Europe on the basis of mutual respect. This again was clear and

unmistakable evidence of its unalterable will for peace. It was not

Germany’s fault that this German peace plan—and its absolute honesty

and sincerity has been affirmed here upon oath by the defendant—was not

successful and did not lead to the building of a new and peaceful

Europe.

The same peaceful tendencies and intentions continued to be uppermost in

the defendant’s policy during the years 1936-1937, in spite of all

disappointments. Evidence of this is, above all, the treaty between the

German Reich and Austria, which was concluded on 11 July 1936, as the

result of negotiations which had been conducted for some time by the

Defendant Von Papen. Not only the defendant’s own testimony but also the

testimony of the witnesses Köpke and Dieckhoff proves beyond doubt that

the view on the Austrian question, which from the very beginning the

defendant consistently held and supported, was this: closer co-operation

between the two countries—both in the political and particularly in the

economic field—must indeed be aimed at, but Austria’s independence

must, under all circumstances, be respected and remain untouched. For

that reason, the defendant was an implacable opponent of any German

attempts to interfere in the internal politics of Austria, and of the

attempts of the Party to support the Austrian National Socialists in

their fight against the Austrian Governments of Dollfuss and

Schuschnigg; and he again and again protested to Hitler against them,

not without success. That he, this Christian-minded and honorable man,

abhorred and condemned the murder of Dollfuss from the bottom of his

heart, I need not emphasize. And exactly from that point of view he

welcomed the agreement of 11 July 1936, since it so fully corresponded

to his own opinions. This alone refutes the assertion of the Prosecution

that the agreement was concluded with intent to defraud—that is, with

the intention to lull the Austrian Government into security and thereby

to prepare and facilitate for the future the real intention already

existing at that time—namely, to incorporate Austria by force into the

German Reich.

The absolute sincerity and honesty of the defendant during the

conclusion of the agreement is confirmed by the sworn testimony of the

then Austrian Foreign Minister Dr. Guido Schmidt. And that the Defendant

Von Neurath had no reason to doubt Hitler’s honesty and sincerity with

regard to this treaty was shown quite irrefutably by the witness Köpke,

who confirmed Hitler’s statements to the British Foreign Secretary Simon

during his visit to Berlin in March 1935; the defendant himself gave

evidence that, immediately after the conclusion of the agreement, Hitler

told the leaders of the Austrian National Socialists Rainer and

Globocznik that it was their duty and the duty of the Austrian Nazis to

adhere strictly to this agreement. And so, from his viewpoint, the

defendant considered this agreement as another step on the road toward

peace in Europe, since the recognition of Austria’s independence, which

he had pronounced in the agreement, eliminated the European danger point

inherent in the Austrian problem.

In the same way, the defendant worked for an improvement of the

relations between Germany and the Czechoslovakian Republic. It was only

with this aim in mind that he so often pointed out to the Czechoslovak

Ambassador Dr. Mastny that the Czechoslovak Government must at last meet

the demands of the Sudeten Germans, still very moderate at that time,

which were based on a promise once given by the Czechoslovak Government

in Versailles, but not kept. Nothing, however, was further from the

defendant’s mind, in both the Austrian and the Czechoslovak question,

than the idea of a solution of these questions by force, a solution

which later, after the defendant had left his position as Foreign

Minister, Hitler considered right.

And his efforts to improve the relations between the Reich and the

southeastern European nations also did not serve any aggressive

intentions or even plans to partition Czechoslovakia with the help of

these nations. If in Messersmith’s affidavit it is alleged that in order

to secure this aim Germany had promised to the southeastern states, and

also to Poland, parts of Czechoslovakia and even of Austria, then these

are entirely absurd ideas which do not contain a word of truth. What the

true value of these assertions is becomes clear from the fact that the

Prosecution have not been able to submit a single report from one of the

diplomats of the Western Powers accredited in the states in question,

which could confirm the accuracy of these assertions. Was only Mr.

Messersmith clever enough to obtain knowledge of such plans? In reality,

the defendant’s efforts and his trip to Budapest, Belgrade, and Sofia

served only peaceful purposes—namely, the exchange and strengthening of

economic relations between Germany and these states. As the testimony of

the witness Köpke showed, the defendant was particularly interested in

these efforts, and they influenced his policies.

How much he opposed any policy which seemed to him even remotely out of

line with his own policy of peace and international reconciliation is

best proved by the fact that he rejected the negotiations with Japan,

which the Defendant Von Ribbentrop had entered into and conducted in

London without his assistance and completely independent of him on

direct instructions from Hitler, and also the Anti-Comintern Pact which

was finally concluded with Japan. He expressed his opposition clearly by

refusing to sign this pact, and it was, as is well known, signed by Herr

Von Ribbentrop as Ambassador, which was a most unusual procedure. The

objection of the defendant to this kind of policy could hardly find a

stronger form of expression.

The Defendant Von Neurath adhered faithfully and unflinchingly to his

consistent peace policy up to the last moment, in spite of the

influences of other circles—especially Party circles—on Hitler which

made themselves felt during the defendant’s last years in office. He

hoped, until the last moment, that he would be able to check these

influences successfully, to eliminate them and to continue directing the

policies of Germany along peaceful lines, according to his own

convictions and his promise to Hindenburg.

When Hitler’s speech on 5 November 1937, and the defendant’s subsequent

conversation with Hitler about it, forced him in 1938 to the conclusion

that he no longer had any influence on Hitler, that Hitler would no

longer shrink back from aggressive, warlike measures, he immediately

took the consequences and submitted his resignation, which was accepted.

His task, entrusted to him by Hindenburg, had become impossible to

fulfill. He would not, and could not, have anything to do with a policy

which did not shrink from warlike measures. It was completely out of the

question for him to endorse such a policy with his name; it would have

been the negation of his entire life work; he would have betrayed

himself and his people.

But this did not mean that the defendant, who placed the welfare of his

people above everything, even above all his personal interests and

desires, would not make himself available again if the need arose, or if

he believed that he would be able to save Germany from warlike

complications, for that was the danger of the policy which Hitler now

directed along a line different from that of the defendant. This

attitude of the defendant readily explains why, when Hitler summoned him

on 11 March 1938 to inform him of the march of German troops into

Austria and, because Reich Foreign Minister Von Ribbentrop was away in

London, to ask him to advise him and to answer the note of protest from

the British Embassy, he declared himself willing to do so.

If the Prosecution now charge that the contents of this answer were

factually incorrect, the following must be pointed out in response. In

this letter the defendant only stated what Hitler himself had told him

about the events. The defendant himself knew just as little about the

actual events as the rest of the world, since after his resignation as

Foreign Minister he no longer received political information of any

sort. Hitler’s announcement that German troops were marching in

surprised him just as much as it surprised everybody else, and as the

order for it had surprised even the highest commander of the German

Armed Forces, which Henderson himself admits in his well-known book,

wherein he adds that Hitler’s decision to march in could have been made

only a few days before. There was even less reason for him to doubt the

accuracy of the description which Hitler had given him of the preceding

events, because he had given it in the presence of Göring who had not

contradicted it. It did not even occur to him—because of his own

upright and true nature, and because of his entire previous official

activity under clean and honest governments—that the head of the State,

Hitler, could lie to him and at such an important moment, for the

purpose of answering the British note of protest, give him information

which was bound within a very short time to be proved manifestly

incorrect. And whom could he really have consulted? Only very few men

besides Göring had real knowledge; but those he could not approach,

because they were not in Berlin. Göring did not contradict Hitler’s

description.

I particularly want to point out that the reply which the defendant

authorized to be drafted on the basis of Hitler’s description, and for

which he also did not use the letterhead of the Ministry of Foreign

Affairs, was not signed by him in his own name nor on behalf of the

absent Foreign Minister but, as the wording of the document discloses,

the description of the events was forwarded by him on the order of the

Reich Government. But the Reich Government was Hitler, or rather on that

day Göring. He, therefore, made perfectly plain that he was not writing

in his own name, on his own responsibility, but that like an attorney,

he was only forwarding information of a third person—namely Hitler. He

really cannot be reproached for not having doubted the accuracy of this

information and for not having checked the official description of the

head of the State—and Hitler was, after all, the head of the

State—quite apart from the fact that he would not have been in a

position to check it.

He also cannot be reproached for the statement which he made a short

time later to the Czechoslovak Ambassador Dr. Mastny. In the first

place, according to the sworn statement of the defendant, the discussion

in question took place in a way rather different from that described in

the report of Ambassador Dr. Mastny, which apparently aimed at greater

emphasis and effect. But, in any case, the penultimate paragraph of this

report—Document Book 5, Document Neurath-141—shows clearly that even

Mastny interpreted and understood the statement of the defendant that

Hitler had no intention of attacking Czechoslovakia and, now as before,

considered himself bound by the provisions of the agreement of

arbitration which offered no guarantee for ever after but only for the

immediate future; that is, until the action against Austria had been

terminated. In view of the insufficient preparations of the Wehrmacht

for a war, confirmed here by the Defendant Jodl, there was absolutely no

reason to doubt the accuracy of this statement; that is, to doubt that

it actually corresponded to Hitler’s wish at the time, in spite of the

references of the Prosecution to Hitler’s statements, in his speech on 5

November 1937, about the conquest of Austria and Czechoslovakia. For

these statements referred only to the possibility of war with other

states and to a much later period.

So the accusations raised by the Prosecution against the defendant on

this point are also unfounded. That already a few months after his

speech on 5 November 1937 Hitler decided to incorporate Austria into

Germany came as a surprise to all, even to his closest collaborators.

This decision, however, was taken not only on the basis of developments

in Austria, but most likely not least on the basis of conferences

between Hitler, the defendant, and Lord Halifax, the then Lord President

of the Council, in November and December 1937, in which, according to

the sworn statement of the defendant, Lord Halifax declared that the

British people would not understand why they should enter a war because

two German countries had united.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

DR. VON LÜDINGHAUSEN: Once more, in the autumn of 1938, the Defendant

Von Neurath took it upon himself to stem the tide of events in order to

spare the German people the immediate danger of war. In view of the

corroboratory testimony of Göring and other witnesses, I need not

describe in detail how the Munich conference, toward the end of

September 1938, had come about. The fact remains that it was held and

was successful—I refer to the agreement with Britain and France on the

Sudeten question—and this was due in no small measure to the initiative

and co-operation of the defendant.

If, however, he was able to accomplish this, it is because of a

circumstance which the Prosecution, completely misunderstanding the

situation, now include among the accusations—namely, that upon his

resignation as Foreign Minister he was appointed President of the Secret

Cabinet Council, which had been newly created by Hitler at this time.

Had he not been in this position it would not have been at all possible

for him to get to see Hitler in September 1938 and persuade him to agree

to the Munich conference; for, contrary to the allegation of the

Prosecution, even though he kept the title of Reich Minister from the

day he resigned as Foreign Minister, he was no longer a member of the

Reich Cabinet, which is already shown by the fact that from that day on

his salary was decreased by one-third. Any joint responsibility which

the defendant might have had for the policy of the Reich ceased as from

that day; for, contrary to the assertion of the Prosecution, as

President of the Secret Cabinet Council he was not a member of the Reich

Cabinet and had no access to it, let alone a seat or a vote in the

Cabinet sessions. This is established beyond doubt by the very wording

of Hitler’s decree whereby this Secret Cabinet Council was created; for

there it says expressly that the sole purpose of this Secret Cabinet

Council was to advise the Führer personally—that is, Hitler alone—and

only on questions concerning foreign policy. Even Huber’s book

_Verfassungsrecht des Grossdeutschen Reiches_, quoted by the Prosecution

under Document 1744-PS in their attempt to prove the contrary, shows

that the Secret Cabinet Council and its President had nothing whatsoever

to do with the Reich Cabinet, and was not a branch or an organ of it,

but only one of several of the Führer’s personal offices.

As had been shown by the testimony of Göring, Lammers, and other

witnesses, the Secret Cabinet Council never really functioned, and was

never meant to function. In point of fact, all that was intended was to

bestow a personal honor on the defendant, and thus efface the impression

that differences had arisen between him and Hitler. That he himself did

not look upon his appointment in any other way is proved by the fact

that after 4 February 1938 the defendant lived a life of leisure on his

own estate in Württemberg as a private citizen, and went only very

rarely to Berlin where, however, he was not and could not have been

active in any official capacity, since all information as to what was

happening in the Foreign Ministry was deliberately kept from him.

If the Prosecution believe that they are able to conclude, from the

documents submitted under Number 3945-PS, that the defendant received

sums of money from the Reich, or the Reich Chancellery, for obtaining

diplomatic information, then—apart from the defendant’s own testimony

under oath—this is refuted by a letter among these documents, dated 31

May 1939, from Amtsrat Koeppen, the head of the office of the Secret

Cabinet Council, which was kept going merely for the sake of

appearances—a letter which proves conclusively that these not very

large payments at long intervals were for covering the cost of

maintaining this office, and were not intended for purposes of secret

information.

And if the defendant made no use of his position as President of this

Secret Cabinet Council—except for this one occasion in September

1938—he made just as little use of his position as a member of the

Reich Defense Council, to which he was appointed by the Reich Defense

Laws. Here, too, the Prosecution err when they make use of this

membership to accuse the defendant of warlike intentions or of promoting

such intentions.

Since this Reich Defense Council has already been discussed so much

during the hearing of the evidence, I believe there is no need for me to

examine more closely this assertion of the Prosecution, and that I can

limit myself to pointing out that no aggressive tendencies of any kind

were embodied in these Reich Defense Laws; but that, on the contrary, as

their contents state, they merely contain—as is the custom in any

country which has to reckon with the possibility of a war—the necessary

provisions in the event of the Reich’s being attacked, or being drawn

into a war in some other manner. How one can deduce from them that the

defendant had warlike intentions, or planned for war, is utterly

incomprehensible. Moreover, the defendant did not take part in a single

one of the meetings of this Council, and no reports about the decisions

of this Council were ever forwarded to him. The Document 2194-PS,

submitted by the Prosecution as alleged counterevidence, was not sent to

the defendant at all, but to a department of the Reich Ministry of

Transportation attached to the Government of the Protectorate—namely,

the transport department—and was intended for the latter. Also the

sender of the document was not the Reich Defense Council, but the

Ministry for Economy and Labor of Saxony.

All these and similar efforts will never enable the Prosecution to prove

that the defendant, by his policies, was at any time directly or

indirectly guilty of a crime of planning or preparing an aggressive war,

or even of approving or supporting such a war. Quite the contrary. All

his efforts were directed to one end, and one end only: to attain by

peaceful means and in a peaceful way only those aims which had been

sought by all former democratic Governments after 1919—namely, the

removal of the provisions of the Versailles Treaty which discriminated

against Germany and stamped the German Reich as a second-rate power, and

the bringing about of a general pacification of Europe. Not one of his

diplomatic actions served any other purpose, or was performed with any

intention which would imply a crime in the sense of the Charter. It is

not surprising, therefore, that his resignation as Reich Foreign

Minister was received by the whole world with anxiety and dismay, both

outside Germany—I refer to the statement of the witness Dieckhoff—as

well as inside Germany, and especially in conservative circles. This

alone serves to prove that the assertion of the Prosecution, that he was

active in these circles as a fifth columnist, is untrue.

All the Prosecution’s references to Hitler’s speech to his generals in

November 1939, and still less to the speeches by the defendant himself

of 29 August and 31 October 1937, will alter none of those facts.

Hitler’s speech was made at the time of the first military successes and

was calculated to vindicate Hitler’s state leadership, and should be

taken at its face value. The speeches made by the defendant, however,

say just the opposite of what the Prosecution see fit to put into them.

For both speeches, Numbers 126 and 128 in my Document Book 4, stress

quite clearly the success of the peaceful intentions of the German

foreign policy conducted by the defendant, and lay particular emphasis

on the fact that the results were obtained entirely by peaceful means,

and not by means of force. In particular, the speech of 31 October 1937,

the last public speech of the defendant as Foreign Minister, is actually

a résumé of his peace policy. That this was and still is a correct

résumé, the Prosecution themselves have had to admit in this Court—that

Hitler’s speech of 5 November 1937, which was used by my client as an

excuse for his resignation, was, as described by a member of the

Prosecution, the turning point in German foreign policy. Thus the

Prosecution acknowledged unequivocally that up to that day German

foreign policy had not been an aggressive policy of force, or pursued

any warlike plans or schemes, but had been peaceful throughout.

Indeed it could not have been otherwise, in view of the defendant’s

political and humane creed; and this has been unanimously confirmed by

all witnesses examined here and in all of the questionnaires and

affidavits in my document books. This creed was built on three main

pillars: love of men, love of the fatherland, and love of peace—all

three springing from and sustained by a deep sense of responsibility

toward himself, toward his God, and toward his people.

When, a few days after the occupation of Czechoslovakia, Hitler called

the defendant to Vienna from his well-deserved _otium cum dignitate_ on

his estate, and told him that he had been selected as Reich Protector

for Bohemia and Moravia, it was this same sense of responsibility which

made him feel it his duty to accept this post. At first he was opposed

to the idea and struggled long with himself, for he had always been an

inveterate opponent of any interference in the affairs of other nations,

let alone the more or less forcible annexation of a country to the

German Reich. It was for this reason that he had also condemned the

annexation of Czechoslovakia and the so-called protection pact concluded

with President Hacha, although at this time he had not the slightest

idea of how this really came about. He got to know the true facts of

this incident for the first time here in Nuremberg.

In spite of his reluctance to accept a public office once more,

especially at his age, and to serve, again under Hitler and his regime

of which he heartily disapproved, his sense of responsibility toward his

people and his humane principles persuaded him that it would be wrong to

refuse this mission. When Hitler explained to him that he had chosen him

as being the only man possessing the necessary qualities to reconcile

the Czechoslovakian people with the new conditions and with the German

people—which Hitler said was his desire—he could not fail to recognize

that the task given him was one which, in the interests of the German

people, of humanity, and of international understanding, he ought not to

refuse. And was it not indeed a task worthy of the utmost effort, to

appease by just government and humane treatment a people who would

regard every restriction and encroachment on their liberty and

independence as the worst injustice that could be done them, and who

would be filled with mortal hatred and resentment toward a people they

felt to be an intolerable oppressor, and to reconcile them with these

very people and the conditions for which they were directly responsible?

But was not this aim in line with the endeavor to insure and preserve

peace, which clearly and unequivocally pervaded his whole foreign

policy? And he had every justification for telling himself that if he

refused this task, then another man from Hitler’s entourage would in all

probability be nominated Reich Protector, who would be neither able nor

willing to conciliate the Czech people by humane and just treatment, but

who, on the contrary, would be more inclined to hold them down by force

and terror, as indeed happened 2½ years later.

Such were the only thoughts and considerations which led him to accept

the appointment offered him, setting aside all personal interests and

willing to face the risk that this might be interpreted and held against

him in some quarters as denoting approval and support of Hitler and his

regime—for Hitler had made him the definite and firm promise that he

would at all times be willing to support the defendant’s intended policy

of appeasement and reconciliation for the Czech people through humane

and just treatment and through safeguarding the interests of the Czech

people to the greatest extent.

He was fully aware that the task which he had accepted was a difficult

one. I do not hesitate to admit that it was here a question of a

decision, the justification of which could—if one admits the point of

view put forward here by the British prosecutor that it was immoral to

remain in a government which should be repudiated because of its

amorality—cause embarrassment in the judgment of a man whose thoughts

and dealings were different from those of the Defendant Von Neurath. But

having in mind the character of Herr Von Neurath, which I hope has been

described to you clearly enough, and his deep sense of responsibility,

this decision was the only possible and logical one. It is a veritable

tragedy, resembling those of the ancient Greeks, that the failure of

this mission, which had been undertaken with only the highest ethical

motives, should have brought the Defendant Von Neurath into this dock.

But at this point now, I should like to make the following comments on

the Prosecution’s attempt by means of the photostatic documents which

they submitted under Document 3859-PS—consisting of a letter from the

defendant to the Chief of the Reich Chancellery Lammers, dated 31 August

1940, and its alleged enclosures—to discredit the defendant’s assertion

that in assuming his office as Reich Protector his sole aim was to

appease and reconcile the Czech people by safeguarding to the utmost

their interests and their national traditions, and thus work for the

well-being of this people and their prosperity as a nation. I believe

that the second examination of the defendant, which the Tribunal, in

their readiness to help, granted to me, has proved that those documents,

particularly the two reports attached to the letter to Lammers—which

indeed, with regard to the question of the Germanization of the Czech

people, cannot be reconciled with the intentions and tendencies of the

defendant as mentioned above—have no evidentiary value. Not only do

those photostatic copies in no way tally—and the defendant has made a

definite statement to this effect—with the contents and the form—that

is, the length of the originals attached to the letter to Lammers, and

which had been submitted to the defendant for signature and approved by

him—but the photostatic copies also give rise in several places to

well-founded doubts as to whether they are really identical with the

enclosures to the letter addressed to Lammers, and this owing to the

following facts.

Contrary to the practice adopted by all administration offices, neither

of the photostatic copies bears the reference number of the letter to

Lammers, or even a note that they are enclosures to a third document,

let alone to the Lammers letter. Neither does the photostatic copy of

the first report bear the defendant’s signature which, according to his

definite statement, when he signed the letter to Lammers, he added to

the report enclosed with it, which report had been drawn up by himself

or by his office according to his instructions, and submitted to him in

a fair copy. Another thing which strikes one is that it only bears a

correction note of the copy which should have been, but actually was

not, signed by an SS Obersturmführer working in the office of State

Secretary Frank.

These facts support the defendant’s assertion that, if the reports from

which the photostatic copies have been made were in fact annexed to the

Lammers letter, they have been substituted for the original report of

the defendant and for Frank’s report—the draft of which was approved by

the defendant in the office of State Secretary Frank which was entrusted

with the dispatch—either by the latter or by his orders. Furthermore,

the defendant’s statement, made by him in order to explain the purpose

of this Lammers letter and its enclosures, is quite worthy of belief:

namely, in the same way as was intended by the plan contained in General

Friderici’s report—dated 15 October 1940, submitted under Exhibit

USA-65, Document L-150—to induce Hitler by reporting verbally to him,

and on the basis of the two reports sent, to abstain from dividing the

Protectorate territory and from germanizing the Czech people in any way

whatever, and to prohibit any such plans, a course which the defendant

repudiated for many reasons, but chiefly because he had at heart the

interests of the Czech nation, which had been entrusted to him, and its

national character and unity. These assertions of the defendant are

confirmed by the statements of the witness Von Holleben in the

questionnaire answered by him,—Document Book 5, Document

Neurath-156—of the witness Dr. Von Burgsdorff, as well as by the

defendant’s letter to Baroness Ritter—quoted in her affidavit, Document

Trial of the major war criminals before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 19 · 第 2 / 11 章