Book 1, Document Neurath-3.

And the defendant has actually succeeded in carrying his point, as shown

by Ziemke’s report on his conversation with Hitler, submitted by the

Prosecution. As long as he was in Prague, no measures were taken to

germanize the Czech people; the defendant even prohibited the discussion

of this entire question, as shown by Document 3862-PS submitted by the

Prosecution. Especially by preventing any division of the Protectorate

territory and any more or less forcible Germanization of the Czech

nation according to plan, the defendant has proved, in the most striking

manner, the sincerity of his aims and endeavors to protect and preserve

the Czech people, their national traits, and their national unity and

character, in conformity with his principles and intentions as stated

publicly in his article on the New Order in Central Europe, reproduced

by the _Frankfurter Zeitung_ of 30 March 1939—Document Book 5,

Neurath-143—which set forth his line of conduct for the accomplishment

of his task.

In this article he himself describes his task as a fine one, but at the

same time a difficult one. How difficult it really was—how nearly

impossible—was to become obvious, unfortunately, only too soon.

Chief among the reasons for this was that from the beginning not only

were the full powers in the Protectorate not transferred to the Reich

Protector, not only was he not given the sole executive and controlling

position—quite apart from his subordination to Hitler—but also his

competency and powers were not sufficiently clearly defined. It is true

that Hitler’s decree of 16 March 1939, establishing the Protectorate,

and the supplementary decree of 22 March 1939—Document Book 5,

Documents Neurath-144 and 145—had specified that the Reich Protector

was subordinate to the Führer and Reich Chancellor, that he was to be

the sole representative of the Führer and the Reich Government, and was

to receive his directives from the Führer and Reich Chancellor. But, at

the same time, not only were certain administrative branches, such as

the Armed Forces, communications, the postal, telegraphic and telephone

services, removed from his control at the very beginning, but the Reich

Government—that is, the Reich—had also been given the right to take

under its own so-called “reichseigene” jurisdiction, in the

administration of the Reich proper and independent of the Reich

Protector, those administrative branches which actually were Reich

Protector offices, and to establish, if necessary, Reich offices which

did not fall within the Reich Protector’s competence. The Reich was also

given the right to take measures necessary for security and order in the

Protectorate over the head of the Reich Protector himself.

Furthermore—and this is the most important point of all—every one of

the many supreme Reich authorities—that is, not only the Reich

Ministries but, for instance, the Reichsbank, the Four Year Plan, the

Ministerial Council for Defense of the Reich, and others—was given the

right to decree laws and organizational measures on its own authority,

quite independently of the Reich Protector and, therefore, could

interfere in these administrative branches which actually were to come

within the jurisdiction of the Reich Protector without the Reich

Protector having either the right or the possibility to protest against

or prevent such decrees or measures should they be in opposition to his

own decrees, measures, and policy. On the contrary, he was bound not

only to publish them in the Protectorate if asked to do so but also to

supervise their execution.

Therefore, the position of the Reich Protector was, to use an example by

way of explanation, by no means the same as that of the British Viceroy

in India; it was more like the position—though to outward appearances

on a somewhat higher level—of a Reichsstatthalter or the Oberpräsident.

Therefore, it was different from what had hitherto been understood

constitutionally by a protectorate; nor could it be otherwise, because

this so-called Protectorate of Bohemia and Moravia belonged, according

to Article 1 of the above-mentioned decree of 16 March 1939,—and to

this I wish to draw particular attention here—to the territory of the

German Reich—that is to say, it was a part of the German Reich. And it

only had a certain amount of independent authority, a limited autonomy

within the Reich, so that the laws and regulations valid in the rest of

the Reich territory were introduced into the Protectorate as a matter of

course. It was quite obvious that this vague and loosely defined

limitation of the powers and competence of the Reich Protector was bound

to lead very soon to the greatest difficulties, difficulties not only in

the way of a uniform policy, uniformly conceived and directed, but

difficulties which prevented the defendant himself, as Reich Protector,

from governing in the way he wished and from keeping to the course

already taken, difficulties and reverses which became more and more

acute in the course of time.

In view of all this, it follows that the responsibility of the defendant

can only be judged against this background—that is, only by taking into

account the power exerted by these many other authorities. He can never

be held responsible for decrees, measures, and actions which he did not

decree or order himself, but which were decreed without his

co-operation, without his knowledge, even against his will, by

authorities or other offices outside his sphere of power and

influence—decrees, measures, and actions which he had neither the right

nor the power to prevent, and for which he was at most an intermediary,

a link in the chain.

This is especially relevant for the accusation of joint responsibility

brought against him by the Czech Prosecution—Document USSR-60(a)—for

all the actions of Hitler and of the Reich Government before and after

the setting up of the Protectorate. The Prosecution take as basis for

their assertion the fact that Herr Von Neurath, after having given up

his post as Reich Foreign Minister, remained a member of the Reich

Cabinet—whereas in fact this is incorrect. I have already proved

elsewhere beyond all doubt that he was not a member of the Reich

Cabinet, either as a Minister without Portfolio or as President of the

Secret Cabinet Council; nor was he a member of the Reich Cabinet as

Reich Protector. That, too, is certain, and has never been maintained by

the Prosecution before this Court. Therewith, any joint responsibility

of the defendant for any actions or measures which preceded or prepared

the way for the setting up of the Protectorate is disproved. Also I have

already proved elsewhere that his statement to the Czechoslovak

Ambassador on 12 March 1938, which has been used by the Prosecution in

support of their allegation that this prepared the way, was not false,

not deceitful, and therefore was not an action which prepared the way

for the invasion of Czechoslovakia.

If the Czech Prosecution further deduce from Article 5 of the

above-mentioned decree of 16 March 1939 that, as Reich Protector, he was

wholly responsible for everything that occurred in the Protectorate

during the time he was in office—that is, from 17 March 1939 to 27

September 1941—then this conclusion also is wrong and factually

incorrect, in view of the actual position with regard to the division of

powers in the Protectorate, as explained above. There is no system of

law in the world according to which one can charge a person with

criminal responsibility for occurrences and acts by third persons, acts

in which he did not participate or co-operate, or which even occurred

against his will.

Thus he cannot be made responsible for the fixing of the rate of

exchange between the Reichsmark and the Czech crown, because this rate

had already been fixed when he took over office; neither had he any hand

in fixing it, nor had he the power or right to change the rate of

exchange—quite apart from the question, which we need not discuss here,

of whether, as the Prosecution maintain without producing proofs, the

rate of exchange really was detrimental to the Czech people or not.

Incidentally, I need hardly say that even if this had been the case, it

would not be a crime according to the Charter, and only as such would it

be punishable.

Nor can he be made responsible for the setting up of the customs union

and putting it into practice. This had already been laid down in Article

9 of the decree of 16 March 1939, which reads, “The Protectorate belongs

to the customs area of the German Reich and is subject to its customs

sovereignty.” This regulation was a natural consequence of the fact,

which I have already stressed, that the Protectorate was a part of the

territory of the German Reich. However, I would like to draw special

attention here to the fact that the defendant, because he regarded the

inclusion of the Protectorate into the customs area—the customs

sovereignty of the Reich—as detrimental and harmful to Czech economy,

managed to prevent this inclusion for a year and a half, until October

1940, in spite of all the pressure exerted by the Reich Finance

Minister, which is clear proof that the defendant put the interests of

the Czech people, who had been entrusted to him, above the interests of

the German Reich. He had absolutely nothing to do with the economic

measures for the alleged transfer of Czech banks and industrial

undertakings nor with filling the key positions with Germans. Those

measures were taken by other offices—especially by the Reichsbank and

the Delegate for the Four Year Plan—behind his back and without his

collaboration. These were merely the natural consequences of the fact

that already in earlier days a very large amount of German capital had

been invested in these banks and undertakings, and this capital

increased after the occupation because the credits given by the other

countries were withdrawn by them and were now granted by German firms.

Lastly, he had nothing whatever to do with the judiciary. This was

exclusively under the control of the Reich Ministry of Justice. This

alone set up the German courts, including summary courts-martial, and

the prosecuting authority; it alone appointed judges and prosecutors.

Herr Von Neurath himself had nothing to do with these appointments and

still less with the jurisdiction of the courts, as is clearly shown by

the ordinances and decrees by which they were set up, especially the

decree concerning the practice of criminal jurisdiction, of 14 April

1939,—Document Book 5, Document Neurath-147.

Here again I must draw attention to the fact that neither the economic

measures nor the setting up of German courts in the Protectorate, which

was a part of the German Reich, can even remotely fall under the

category of crimes enumerated by this Charter. And this applies equally

to the alleged intrusions into the Czech educational system, the

appointment of German school inspectors, measures with which the

defendant has been charged in the Czech indictment. These measures also

were not taken by him, but by the German Reich Ministry for Education.

And the closing of a larger number of Czech secondary schools was not

ordered by the defendant, nor by order of the German Reich Ministry, but

by the Czech Government itself even if it did so at the suggestion of

the defendant. This measure turned out to be a useful one, and was in

the interests of the Czech youth and, therefore, of the Czech

intelligentsia and people because it obviated the danger of the

formation and growth of a large well-educated proletariat. After the

incorporation of the Sudeten German territory into the German Reich in

the autumn of 1938 this danger had become acute, for a very large number

of Czech officials and members of the free professions had streamed into

the territory of the Protectorate, with the result that because of the

overcrowding of all professions and the diminution of the Protectorate

territory owing to the separation of the Sudeten territory and Slovakia,

the chances of finding employment for the pupils leaving the secondary

schools were still further diminished.

In addition to this came the closing of universities in the middle of

November 1939 upon personal order of Hitler. The Czech Government could

not shut its eyes to the truth of these considerations of the defendant,

and itself decreed the closing of quite a number of schools. The

defendant did not exercise any pressure on the Czech Government. This

has been proved by the evidence. The dissolution of Czech gymnastic and

sport clubs and similar organizations, however, as well as the

confiscation and the use of their assets, was ordered, without knowledge

or participation of the defendant, by the Police, which was not under

his jurisdiction. It is not even certain, by the way, whether this

dissolution took place while the defendant was holding office or only

after his departure. The dissolution of the Sokol, it must be said, was

a real necessity for the protection of German interests, and moreover it

was a measure which was taken to appease and reconcile the Czech nation,

too; for the Sokol was, beyond doubt, the focus of all anti-German

efforts and of the incitement of the Czech people toward an active

resistance against everything which was German.

The preceding arguments show how manifold were the encroachments of

other administrations and offices on the administration of the

Protectorate, and, accordingly, the difficulties and resistance which

arose against a uniform policy of the defendant. They were, however, by

no means removed, but, on the contrary, aggravated by the decree of 1

September 1939 concerning the organization of administration and the

German Security Police—Document Book 5, Document Neurath-149. This

decree was issued, without previous consultation with the defendant, by

the Ministerial Council for the Reich Defense. Its first part especially

is obscure and misleading. True, it placed all German administration

offices and their officials in the Protectorate under the control of the

Reich Protector, but this subordination was a formal one only, that is,

simply on paper and not an actual one in view of the administrative

duties which were actually performed.

In this respect, things remained unchanged, as had already been

indicated from the authority of the supreme Reich offices, according to

Article 11 of the decree of 16 March 1939 and of the ordinance of 22

March 1939. The difference was only that from now on all administrations

and offices, established or to be established by other offices, were

formally attached to the Reich Protector’s office and took up their

functions under the official designation of “The Reich Protector of

Bohemia and Moravia.” However, this by no means insured that such

attached departments were put, in fact, under control of the Reich

Protector himself—that is, the defendant—and that they had to receive

from him their factual directives and orders to work according to his

views and his directives. On the contrary, they received their

instructions, just as before, from their original Reich offices, and had

to observe and obey them. For instance, the so-called transportation

department under the Reich Protector which had to deal with the

transportation system—already taken out of the Reich Protector’s

jurisdiction by ordinance of 16 March 1939—was controlled just as

before by the Reich Ministry of Transportation and not by the Reich

Protector, and received instructions not from him but from the Ministry

in Berlin. And the same applied to other sectors, also including the

purely internal administration.

According to this ordinance of 1 September 1939 of the Ministerial

Council for the Reich Defense—and not, as the Czech prosecutor

erroneously contends, by a decree of the defendant—a new plan was

undertaken for the Protectorate territory with Oberlandratsbezirke and

the Oberlandrat at their head, which official is, according to Paragraph

6 of the ordinance, the competent administrator for all administration

branches of the internal administration and subordinate to the Reich

Protector in an administrative sense. As such, he was invested with

far-reaching authority, and also supervised the Czech authorities in the

Protectorate, and this, to be sure, not by the order of the Reich

Protector, but of the pertinent Reich Ministry in Berlin. This, too, was

bound to result in very serious differences between the measures taken

by those Oberlandräte on the basis of the directives issued to them by

the Reich Ministry of the Interior in Berlin and the policy pursued by

the defendant. To what extent the latter affected and influenced the

Czech administrative offices does not have to be taken into

consideration, since this decree, too, and its result, the control of

the activities of the Czech administrative authorities by Reich German

officials, is not a crime punishable according to the Charter of this

Tribunal. This decree, too, is only a result of the fact that the

Protectorate belonged to the German Reich.

On the other hand, this decree clarified the question of the position of

the Police within the Protectorate territory, the political as well as

the Security Police. This question was quite unsettled until the decree

came into force and from the very first day of his activity had led to

differences and difficulties between Herr Von Neurath and his State

Secretary Frank.

At the time when Hitler charged the defendant with the office of the

Reich Protector he had, according to the defendant’s testimony, assured

him of far-reaching power, especially for protecting and fully

supporting the defendant’s intended policy of conciliation and

compromise in opposition to radical aims of the Party and other

chauvinistic circles. The defendant deduced from this that as the

representative of the Führer in the Protectorate he must and would have

a decisive influence on the activity of the Police also. According to

his own testimony he could not visualize at that time that a large part

of the sphere of activity accepted by him became illusory from the

start, since the Police had not been from the outset expressly

subordinated to him. However, due to the fact that Frank—who had been

made Higher SS and Police Führer in the Protectorate—was at the same

time appointed to the position of State Secretary, and as such was

subordinated to him, the defendant felt entitled to assume that Hitler’s

intention was to centralize the police authority, if not in his own

hands, at least under his jurisdiction—that is, in the hands of his

State Secretary. In practice, however, this relation worked out entirely

differently, since State Secretary Frank had not the slightest intention

of letting his official chief, the defendant, have any authority

whatsoever over the Police, and recognized only the jurisdiction and

authority of Himmler, his superior, as SS and Police Leader, or of his

Reich Main Security Office (Reichssicherheitshauptamt).

This actual state of affairs was established by law in the decree of 1

September 1939. For this, decree unequivocally states that the German

Security Police, and thereby also the Gestapo, was not subordinated to

the Reich Protector. This is already evident, in itself, from the fact

that the decree completely separates the two departmental

spheres—administration and Police—by dealing in Part 1 with the

building up of a German administration in the Protectorate subordinated

to the Reich Protector, and then dealing separately in Part II with the

German Security Police. This Security Police is not under the

jurisdiction of the Reich Protector, but, as was already reserved in

Article V, Paragraph 5, of the decree of 16 March 1939, is taken over by

the administration of the Reich itself—that is to say, it receives its

orders directly from the Chief of Police in Berlin—that is,

Himmler—and in part also from the Higher SS and Police Leader in

Prague.

The second sentence of Paragraph 2 describes the relationship of the

Police toward the Reich Protector. Its wording is as follows:

“The organs of the German Security Police are to collect and

make use of the results of their investigations, in order to

notify the Reich Protector and his subordinated offices about

important events, and to keep him informed and offer

suggestions.”

This signifies that the Reich Protector legally could not actually

influence the activities of the Police in any form whatsoever. He could

not oppose their orders, emanating from Berlin, prior to their

execution; quite apart from the fact that he never got to see them, he

had no authority whatsoever to oppose them. He had but one claim and

that was to be subsequently informed by the Police about measures

already taken by them and even that happened—as was proved by the

evidence—only in the rarest cases. He himself did not have any right or

any possibility whatsoever of issuing orders to the Police.

In consequence of this separation of powers, and in view of the totally

different attitude of Frank toward the Czech people in contrast with

Herr Von Neurath, the sharpest differences and contradictions were

inevitably bound to crop up from the very beginning. For Frank, as a

Sudeten German and one of the leaders of the Sudeten Germans, was filled

with hatred and revenge against anything that was Czech. He did not want

to hear of a reconciliation or an understanding between the German and

the Czech peoples, and gave free rein to this anti-Czech attitude from

the first day of his activity.

At first—that is to say, up to the time of the outbreak of the war—the

activity of the Police was actually slight, so that these opposing

viewpoints did not become so apparent. Herr Von Neurath could

consequently assume that this opposition would gradually diminish, and

that Frank would conform to his wishes and aims, and would show himself

to be accommodating; and he, the defendant, did not yet recognize the

necessity of exerting influence upon the Police. When, however, he

finally realized from the gradually increasing activity of the Police

and their excesses—that his expectations were not being fulfilled, he

protested to Hitler orally and by letter, time and time again—as

confirmed by the testimony of the witnesses Dr. Völckers and Von

Holleben—and implored him to alter this ominous state of affairs, and

to subordinate the Police to him, and to him only. However, all of

Hitler’s promises and assurances proved to be false, and the

subordination of the Police to Herr Von Neurath did not take place.

Yet, he did not want to relinquish the fight so soon, nor despair of the

task he had undertaken. Now, more than ever, he wanted to try to impose

his ideas and policy and, should he not be successful in major as well

as in minor issues, at least try to soften the measures taken by the

Police. For this purpose he had the most detailed accounts given to him

personally in all cases of measures and action taken by the Police, such

as arrests and other excesses, insofar as he received information about

them mostly from Czech sources. Wherever he could, he exerted his

influence for the release of arrested persons. This is evident from the

testimony of all witnesses produced by me, above all, from the testimony

of Dr. Völckers who, as head of the defendant’s office, was continually

engaged in receiving such complaints. This is moreover evident from

documents submitted by the Prosecution themselves, such as the notes of

the defendant about his conference with President Hacha of 26 March

1940—Appendix 5 to Supplement Number 1, USSR-60—and even from the

testimony of Bienert—who himself was arrested by the Police but

released in a very short time upon the intervention of the defendant.

With the one exception of the testimony of Frank of 7 March 1946,

submitted during the hearing of evidence, the testimony of all witnesses

corresponds on the question of responsibility of the defendant for the

measures taken by the Police. Frank’s testimony, however, is in direct

contradiction to his own earlier testimony. At his interrogation on 30

May 1945—Document Book 5, Document Neurath-153—Frank said the

following, and I quote:

“The Police, however, was not under the control of the offices

of the Reich Protector.... Both Gestapo and Security Police

received their directions and orders directly from the Reich

Main Security Office in Berlin.”

Frank’s statement of 5 May 1945 concerning the student riots—Document

Trial of the major war criminals before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 19 · 第 3 / 11 章