(Excerpt from Page 687) Another quotation:

“A state which in this age of racial poisoning dedicates itself

to the care of its best racial elements must some day become

lord of the earth.”

(Excerpt from Page 135)

“A stronger race will drive out the weak, for the vital urge in

its ultimate form will, time and again, burst all the absurd

fetters of the so-called humanity of individuals in order to

replace it by the humanity of nature, which destroys the weak to

give place to the strong.”

And then the machinery of State and Party gathered force. The Army

secretly reorganized, was soon strong enough to allow Germany to rearm

openly. Who, at that time, would have dared to interfere with the

monstrous growth of this biological materialism? Hitler expounded his

theories to a small circle and those who heard his words are by no means

all Nazis. Informed of their master’s aims, they were still willing, to

stay by his side, and that condemns them. Is this not the case with

Raeder?

“It is not a question of conquering populations but of

conquering territories suitable for cultivation....”

Hitler, in conference with Von Blomberg, Von Fritsch, Raeder, 5

November, said: “Expansion cannot be achieved without breaking

resistance and without taking risks ...” (Document Number 386-PS).

After the disgrace of Von Fritsch and Von Blomberg, Keitel and Jodl,

chosen for their servile attitude to the regime, had a solid weapon in

their hands. On the eve of the conflict Hitler reiterated his ideas:

“Circumstances must rather be adapted to aims. This is

impossible without invasion of foreign states or attacks on

foreign property.

“Living space, in proportion to the magnitude of the state, is

the basis of all power. One may refuse for a time to face the

problem, but finally it is solved one way or the other. The

choice is between advancement or decline. In 15 or 20 years’

time we shall be compelled to find a solution. No German

statesman can evade the question longer than that. We are at

present in a state of patriotic fervor, which is shared by two

other nations, Italy and Japan.

“The period which lies behind us has indeed been put to good

use. All measures have been taken in the correct sequence and in

harmony with our aims.

“After 6 years, the situation is today as follows:

“The national-political unity of the Germans has been achieved,

apart from minor exceptions. Further successes cannot be

attained without the shedding of blood....

“Danzig is not the subject of the dispute at all. It is a

question of expanding our living space in the East and of

securing our food supplies.... The population of non-German

areas will perform no military service, and will be available as

a source of labor.

“The Polish problem is inseparable from the conflict with the

West.”

Extract from minutes of a conference held at the Reich Chancellery on 23

May 1939, in the presence of Hitler, Göring, Raeder, Keitel, and others

(Document Number L-79, Exhibit USA-27).

And then came the war; and in a few months’ time all Germany was led to

believe that her strength was irresistible and that she was on the way

to the conquest of the world. All that was implied by Hitler’s cruel and

monstrous words:

“As opposed to that we National Socialists must keep firmly to

the aim of our foreign policy, namely, to secure for the German

people the territory to which it is entitled in this world. And

this act is the sole act which, before God and our German

posterity, justifies bloodshed....”

All the cruel and monstrous implications of these words were elaborated

here.

Speech by Hitler on the Eastern Territories 16. 7. 41 (Document Number

L-221):

“We shall emphasize again that we were forced to occupy,

administer, and secure a certain area.... Nobody shall be able

to recognize that it initiates a final settlement. This need not

prevent us taking all necessary measures: shooting, deportation

... _et cetera_.”

Further: “Partisan warfare will have one advantage for us; it enables us

to eradicate all those who oppose us....”

The same theme was taken up and cynically proclaimed by the spokesmen of

the State. This Trial has brought you many echoes thereof. In a speech

by Himmler we find these words again:

“What the nations can offer us of good blood we shall take, if

necessary by taking their children away from them and bringing

them up among us.”

From the same speech:

“Whether nations thrive or starve only interests me inasmuch as

we can use them as slaves for our civilization.”

Still from the same speech:

“That 10,000 Russian women should die of exhaustion in digging

an antitank ditch only interests me as to whether or not the

antitank ditch has been completed for Germany.

“When somebody comes and says to me, ‘I cannot dig the antitank

ditch with women and children, it is inhuman, for it will kill

them’; then I have to say, ‘You are a murderer of your own kin,

because if the antitank ditch is not dug, German soldiers will

die and they are sons of German mothers.’”

And concerning the extermination of Jews:

“We have exterminated a microbe. We do not wish to be

contaminated and die from it. We have fulfilled this duty for

the sake of our people. Our spirit and character have not

suffered from it” (Document 1919-PS).

The conquest of living space, that is, of territories emptied of their

population by every means including extermination—that was the great

idea of the Party, the system, the State, and consequently of all those

at the head of the main administration of both State and Party.

That is the main idea, in the pursuit of which they united and for which

they worked. They stopped at nothing in order to achieve their end:

Violation of treaties, invasion, and enslavement in peacetime of weak

and peaceful neighbors, wars of aggression, and total warfare, with all

the atrocities which these words imply. Göring and Ribbentrop cynically

admitted that they took both a spiritual and a material part in it; and

the generals and admirals did their utmost to help matters forward.

Speer exploited to the point of exhaustion and death the manpower

recruited for him by Sauckel, Kaltenbrunner, the NSDAP Gauleiter, and

the generals. Kaltenbrunner made use of the gas chambers, the victims

for which were furnished by Frick, Schirach, Seyss-Inquart, Frank, Jodl,

Keitel, and the rest. But the existence of the gas chambers themselves

was only made possible through the development of a political ideology

favorable to such things; there, inextricably merged, we find the

responsibility of all of them—Göring, Hess, Rosenberg, Streicher,

Frick, Frank, Fritzsche, down to Schacht himself, the pro-Jewish

Schacht. Did he not say to Hirschfeld: “I want Germany to be great; to

accomplish this I am prepared to ally myself with the very devil.”

He did enter into this alliance with the devil and with hell.

We may include Papen, who saw his secretaries and his friends killed

around him and still continued to accept official missions in Ankara and

Vienna because he thought he could appease Hitler by serving him.

Some are not present; some are dead, and some still living, as, for

example, the industrialists who exploited the workers of the enslaved

countries after putting Hitler and his system in power by providing the

funds, without which no action could have been possible, and who put

them in power as much for reasons of nationalistic fanaticism as because

they expected from Nazism the guarantee of their privileges.

Everything kept steady, everything was indissolubly united because

totalitarian policy, total war, the preparation and direction of the

campaign of extermination of peoples for the conquest of living space,

implied the closest co-ordination and liaison between all the parts of

the machine, between Police and Army; Foreign Affairs and Police and

Army; Justice and Police; Economics and Justice; Universities and

Propaganda and Police. And now we come to the second point which we have

to present to you.

The co-ordination of the various departments at the head of which these

men stood, implies close co-operation between them.

The Defense have tried to establish the existence of watertight

partitions between the different elements of the German State.

According to them, there is supposed to be a parallel without a

horizontal bond between the various State and Party departments, between

individual ministerial administrations and between individual National

Socialist organizations. The only connecting link would be the person of

the chief, at the head. According to the Defense, the dominating

principle of the German structure would be a personal union, not

co-ordination and co-operation.

This is false. This is contrary to the principles of the Nazi State and

requirements of a State in which every force strives toward the same

goal and toward the actual reality of German life as revealed by the

debates.

According to National Socialist conception, the Party must take the

place of democracy. The Party is the political expression of the nation,

which materializes in the political action of the State carried out by

the activity of its administrations. The 1st of December 1933 Act

proclaims, for the purpose of insuring the unity of the Party and State,

that the Party is the exclusive support of the State conception, and

indissolubly unites the Party and the State.

At the Party Congress in 1931, Hitler says:

“It is not the State that created us. We create the State for

ourselves. To some it may appear as the Party, to others as an

organization, for yet others as something different, but

actually we are what we are.”

The aim pursued by the Party was therefore the achievement of an

increasingly complete union between the State and the Party. This is the

reason of the legislation which makes it compulsory for the head of the

Party Chancellery to be consulted on the appointment of high-ranking

officials, which incorporates Party chiefs into municipal

administration, integrates the SS into the Police, and converts the SS

to police officers, makes the direction of the Hitler Youth a State

department, brings the direction of Party headquarters abroad under the

Foreign Office, and merges the military personnel of the Party to an

ever increasing degree with those of the Army. General Von Brodowsky’s

war diary, which we have submitted to the Tribunal, shows that this

merger was a fact at the time of the landing in France. Hitler, however,

continued to maintain the system of parallel State and Party

administration, because they exercised mutual control and supervision.

But he insisted on the closest co-operation by both parties in order to

be certain that the control was effective.

All the defendants, moreover, with the exception of Hess, are

representatives of State departments. They cannot plead the absolute

power of the Party as an excuse, since Party and State shared the power.

The doctrine preached by the Party must guide the actions of the State,

but the actions of the State in turn modify and develop the doctrine of

the Party. Many items of the Party Program of 24 February 1920 never

came into effect and were completely forgotten when the Party had been

in power for some time. For instance, unearned income was not abolished

(Item 11); trusts were not nationalized (Item 13); land reform was not

carried out as provided for in Item 17;[14] interest on property and

speculation in real estate remained. In the end, every aspect of German

life was affected by the combined influence of the State and Party

forces. All the departments of the State and the Party combined to make

the component parts. Examples are plentiful and may be found in every

State department.

-----

[14] This program, known as the 25-point Program, was drawn up by

Hitler, Drexler, and Feder and read out on 24 Feb. 1920 at the Hofbräu

beer house. It was the program of the German Labor Party.

-----

Let us take the department of Foreign Affairs. Of all the

administrational sections of the State, this, according to the orthodox

conception, should be the farthest removed from political doctrine. Not

so in Nazi Germany. With a view to the extermination of the Jews,

headquarters abroad co-operated with the Reich Security Main Office

through Wilhelmstrasse, as is shown by Documents RF-1206, 1220, 1502,

1210, and Exhibit Number USA-433 (Document Number 3219-PS).

Wilhelmstrasse officials were called upon to advise the military police

and Secret State Police (Document Number RF-1061). It was Best,

Ribbentrop’s representative in Denmark, who transmitted the order for

the deportation of the Jews to the Chief of the German Police Mildner

(Document Number RF-1503). Document Number RF-1501 shows Ribbentrop

defending anti-Semitism to Mussolini and asking for Italian

co-operation.

Ribbentrop and Kaltenbrunner are implicated in all the terrorist

measures taken against the elite. The SD and Wilhelmstrasse are also

involved in the organization of attacks of a provocative nature, such as

that made on the broadcasting station at Gleiwitz in order to furnish

the pretext of an attack by the Poles. The report made by the German

military administration on the pillage of art treasures in France

incriminates both the special staff of Rosenberg and the German Embassy

in Paris (Document Number RF-1505). Wilhelmstrasse and the Army are

involved along with the Police in the question of hostages, reprisals,

and deportations. Examples could be multiplied. We do not claim to

exhaust the subject, but only to give illustrations in support of an

opinion.

Let us now examine the activities of Rosenberg’s organizations.

Rosenberg, by virtue of his function, co-ordinated several branches of

the German State. His function in foreign policy was incorporated in the

Ministry of Foreign Affairs. Moreover, he was the philosopher of the

regime, Minister for the Eastern Territories, and chief of the special

staff in charge of art treasures. The SD and the Secret Police worked in

liaison with him (Documents Number L-188 and 946-PS).

We note the same liaison and the same co-ordination within the machinery

of the State in questions, of forced labor. All the ministers and higher

functionaries, such as the Gauleiter, were involved, either by planning

or preparing the operation, or simply enforcing it, or benefiting by it.

We remember the interministerial meetings in Berlin to discuss this

subject and the conference between Sauckel, Kaltenbrunner, Speer, Funk,

and the representatives of the OKW which forms the subject of Document

Number PS-3819. We remember the meeting in Paris presided over by

Sauckel and attended by representatives of the Army, the Police, and the

Embassy (Document Number RF-1517).

Neither was economic life any more independent. During the war there

existed under Funk a close co-operation between the economic and

administrative services of the Army and those of economic affairs

(Document Number RF-3 bis). The Ministry of Economy appealed to the

Police to work out plans for economic Germanization (Documents RF-803

and 814). The Ministry of Finance subsidized the SS to carry out

scientific research under abominable conditions using internees as

involuntary subjects for experiment (Document Number 002-PS). Under

Schacht and long before the war, politics, finance, and economic affairs

were linked with the Army, at first secretly, and then publicly, and by

bands closer than in any other country in the world. Schacht, in a

speech on 29 November 1938, pronounced the following opinion on his

achievement:

“It is impossible that any other issuing bank has followed in

peacetime a credit policy so audacious as that of the Reichsbank

since the assumption of power by National Socialism. With the

aid of this policy, however, Germany has created an armament

that ranks foremost in the world, and this armament has made

possible the results of our policy ...” (EC-611).

Nor was the judicial system more independent. We find it associated with

the Police in highly criminal enterprises. Document Number 654-PS

contains an account of a discussion between Thierack, Himmler, and

others, at the end of which it was decided that antisocial elements and

concentration camp prisoners—Jews, gypsies, Russians, Ukrainians,

Poles—sentenced to more than 3 years’ imprisonment should be turned

over by the administration to Himmler to be exterminated through labor,

and that in future individuals belonging to these categories should not

be judged by ordinary tribunals but handed over immediately to Himmler’s

department.

Finally, during the war, the terrorist activities of the Army and the

German Police and the activities of the State and the Party merged

together. On occasion, the Police were subordinated to the Army, though

retaining a certain autonomy, on the orders of the Reich Security Main

Office. This was the case in Belgium. In France, although separate from

the Army, the Police maintained close co-operation with it. The Army

participated with the Sipo (Security Police) and the SD in the

persecution of the Jews, the administration of the internment camp at

Compiègne and the selection of hostages (Documents RF-1212 and 1212 bis)

and execution (Document Number RF-1244). As we have seen, the Army and

the Police were associated in the terrorist actions against the

populations. The Navy and the Police are also associated in the massacre

of the Commandos, and the Police were responsible for the murder of

certain categories of war prisoners, although all these prisoners

without exception came under the authority of the OKW (Document Number

1165-PS). One might multiply instances of the close association of Party

machinery and State services and the co-ordination between them, which

at times amounted to symbiosis. In one way or another, they all worked

for the realization of the common political aim: the conquest of space

by all possible means.

The co-operation of the defendants is an obvious consequence. Apart from

the definite fact of co-operation alleged by us, all that we know of the

general functioning of this totalitarian State, bound to the destiny of

the Party, the vigorous measures taken by it against its opponents, for

whom it prepared camps and gas chambers—all this leads us to affirm

that the defendants, whether ministers, dignitaries or high

functionaries with State or Party powers, combined with others who are

not present—who are dead or held for Trial in other courts—to form one

whole. And this entity was the Government of the Reich, this was the

State-Party or Party-State; an entity, perhaps, but a conscious and

criminal entity which decreed the murder of millions of human beings in

order to enlarge the Reich beyond all limits.

The acts of the defendants are not only those particular ones which we

analyzed a moment ago in the light of the national penal codes of their

own or our countries respectively. They include also these members of

the German State for whom they acted, of that German State to which they

gave life, conscience, thought, will, and for which they must now assume

responsibility and bear the consequences, even the most extreme

consequences, because they could not dissociate individually from these

crimes. And this brings us to our third point.

The defendants must be judged on the basis of that criminal policy of

which they were promoters and instruments.

Was it not Dr. Seidl who, defending Frank, has said (Page 55 of his

text):

“This is an acknowledged principle deriving from the penal code

of all civilized nations, that a uniform and natural action must

be appraised in its entirety, and that all circumstances which

can be considered must be examined in order to form a basis for

passing judgment.”

All the crimes of the defendants lie in their political life. They are,

as we know, the elements of a criminal State policy. To consider the

defendants as offenders against common law, to forget that they have

acted in the name of the German State and on account of that State, to

apply the same standard to them as that applied to hooligans or to

murderers, would narrow the scope of the Trial and misrepresent the

character of their crimes. The crimes ordinarily tried by the courts of

our countries show the criminal as opposed to the social order. These

are individual deeds; their range is limited and their consequences

circumscribed. Their crimes never strike more than a very few victims,

and there are no examples in the annals of our countries of murder

methodically perpetrated by terror organizations whose victims number

more than a few hundred people.

That is the highest cost of a criminal plot within our own national

communities. Organized as they are, extremely hierarchichal, and

possessed of armed forces and judicial institutions, our national

communities can eliminate delinquents before they can do all the harm of

which they are capable.

These defendants, on the contrary, developed their criminal activity

within the community of states in an unorganized world which was just

beginning to be conscious of its own existence and at that time

possessed neither armed power nor judges.

These defendants seized the German State and turned it into a gangster

State, pressing into the service of their criminal plans all the

executive power of that State. They acted as chiefs or heads of

political, diplomatic, juridical, military, economic, and financial

staffs. The activity of these staffs is normally co-ordinated in any

country as they serve a common purpose deriving from a common political

idea. But in National Socialist Germany, as we know, such co-ordination

was reinforced by the overlapping of Party and administrative

departments. Individual crimes were crimes of the community when they

became the crimes of the State. Indeed, they were fostered by the

political conception of each individual: “Conquest of space at any

price.”

State crimes committed by any one of those who controlled a major

department were made possible only because all those who controlled

every other major department contributed their share. If some of them

and their departments defaulted, it meant the collapse of the State, the

annihilation of its criminal power and with it the end of the gas

chambers or the technical impossibility of creating them. But none had

either the intention or the desire to default, for gas chambers and

extermination, for the sake of gaining living space, were the dominant

idea of the system—were, indeed, themselves the system.

Is not evidence of this unity in crime furnished by the very statements

made by the defendants, the unremitting efforts of themselves and their

counsels to prove the autonomy of their departments and throw the

responsibility of the Army on to the Police, that of the Foreign Office

on to the head of the Government, that of the Labor Department on to the

Four Year Plan, that of the Gauleiter on to the generals; in short, by

their attempt to persuade us that everything in Germany was organized in

watertight compartments, whereas the interdependence of the

administration and Party and the multiplicity of connecting and

controlling links between the State and Party prove the contrary by

their skillful dovetailing. All French people who have lived in occupied

France remember having seen on the walls of local Kommandanturs a poster

depicting the bricks of a wall with the words _Teneo quia teneor_

printed over the picture. It was the whole motto of the system. It only

needed a few bricks to be taken away for the wall to collapse. None of

those men did that. On the contrary, they all contributed their own

brick to the edifice.

In this way, Gentlemen, by presenting the facts, apart from any legal

conception of conspiracy or complicity which might be debatable

according to the varying opinions of the jurists, we furnish proof of

solidarity and of the equal culpability of all in the crime.

To prove that they perpetrated the crime, it suffices to show that they

were chiefs or high officials of the Party or one of the main State

departments and that they acted on behalf of the State; that, in order

to extend German living space by every means at their command, they

conceived, willed, ordered, or merely tolerated by their silence the

violation of treaties guaranteeing the independence of other countries;

prepared or declared wars of aggression; systematically carried out mass

murder and other atrocities; and systematically committed demolition and

looting without justification. This is the crime of the German Reich,

and all the defendants have conspired to commit it.

We will prove this in the case of each of the defendants by means of

examples taken from the proceedings.

Concerning each of the defendants, the three main points of this

presentation will be the following:

1) The defendant occupied within the machinery of the State and the

Party a position of eminence which endowed him with authority over one

entire office or several.

2) The defendant complied with, if he did not conceive, the doctrine of

the regime: Conquest of space by any means.

3) He personally played an active part in the political development of

this doctrine.

As to Göring and Hess, the Tribunal will undoubtedly allow me to

dispense with developing their case at length. They were the appointed

successors of the Führer. They belonged to the Movement from the

beginning. Hess assumed responsibility for the racial laws. Both played

a part in formulating the political doctrine of the regime, of which

they were the embodiment in the eyes of the masses. By their speeches,

their lectures, they made this doctrine familiar to all classes. Göring

made an active and essential contribution to the military and economic

preparations for wars of aggression. Göring is the founder of the

Gestapo and the concentration camps where millions of alleged enemies of

the regime found their death, and where ultimately genocide was almost

totally achieved.

The major part of his criminal activities concerns the putting into

practice of The Four Year Plan, the sole object of which, as has been

proved, was the preparation for war. In common with others, he is

responsible for the deportation and brutal treatment of workers and for

their allocation to spheres of production aimed against their own

country. Further, he was party to the allocation of prisoners of war and

political prisoners to labor directly connected with the war effort of

the Reich. He organized the plunder of the occupied countries and the

destruction of their economy. Lastly, he organized, with the help of

Einsatzstab Rosenberg, the wholesale looting of works of art, often with

the object of enriching his own collections.

Hess, by a decree of the Führer dated 21 April 1933, was given full

powers to decide all questions of Party management. He participated in

the preparation of laws and decrees in general, and even in the

preparation of the Führer’s decrees. He took part in the appointment of

government officials and the chiefs of labor services. He strengthened

the Party’s hold on the internal life of Germany. He exerted a direct

influence on the Army and on foreign policy. The part which he played in

the growth of anti-Semitism implicates him in the criminal consequences

of the Movement and condemns him.

Ribbentrop was one of the mainsprings of the Party and State machine.

Placed in Wilhelmstrasse by Hitler who distrusted “old-fashioned”

diplomats, he worked with all his might to create diplomatic conditions

which would favor a war of aggression, the essential means for realizing

the conquest of space. We recall the document submitted by our British

colleagues establishing the fact that Ribbentrop assured Ciano in August

1939 that Germany would make war even if Danzig and the Corridor were

ceded to her. As has already been shown, he and his office were involved

in acts of terrorism and extermination in the occupied countries.

My comments on Keitel are equally brief. The conditions under which he

consented to be placed by Hitler at the head of the High Command of the

Army in the place of Von Fritsch and Von Blomberg, and brought into the

councils of the Government, his political activities in these posts, as

indicated by his presence at the Führer’s side in Godesberg and later

during the interviews with Pétain and Horthy—to say nothing of the

orders which he signed, not the least notorious of which was the order

for the implementation of the N.N. (Night and Fog) decree—all these

facts reveal that we are dealing here not with an ordinary soldier, but

with a general who was also a politician, under orders of the regime.

The part he played in the arrest and murder of patriots condemns him.

There is no doubt whatsoever that he participated in the work of

extermination, if only by handing over to the Police for special

treatment certain classes of prisoners of war in defiance of military

honor. Moreover, we remember connections between his office and the

police services and armed forces of the Party.

In the year 1932 Kaltenbrunner became a member of the Party and of the

SS in Austria. He became Secretary of State for Security and the Police

in Austria and then Chief of Police in Vienna and Chief of RSHA (Reich

Security Main Office) from 30 January 1943 up to the capitulation.

During this latter period he was responsible for the Gestapo, the

Police, the Security Service and the concentration camps.

He was one of the most important factors in the criminal organization

which carried out the policy of extermination and genocide. His

responsibility for these mass murders has been established. Orders for

imprisonment and execution were signed by him.

“Detention and protective custody,” he said, “were measures justified by

the war.” At the same time, however, he tried to make us believe that he

opposed the introduction of these measures. It is impossible to believe

this, for we have proof that he had supreme authority over the camps.

We are aware of Rosenberg’s important position in the Third Reich. A

department bore his name. Moreover, he was Minister for the Occupied

Eastern Territories and an exponent of the Nazi doctrine. In “Blood and

Honor” (Blut und Ehre), in particular, he revived and elaborated the

theory of living space to which the so-called German race was entitled.

He started with the unfounded statements that “the evolution of humanity

owes its entire meaning to the irradiation of Nordism” and that “a

decline takes place wherever this Nordic culture, instead of condemning

Asiatics and Jews to permanent enslavement, mingles with these impure

elements ...” He concluded by saying that the continent must be

subjected to the German philosophy and race. To restore the racial

purity of Germany by any means was the subject of his speech at

Nuremberg in 1933. He extolled the extermination of the Jews, and we

know today that it was no empty phrase. Furthermore, in a report to the

Führer dated 11 August 1942 (Document Number 042-PS) he wrote:

“Decrees not to support an increase in the population of the

Ukraine and to render inapplicable Article 218 of the German

Penal Code were issued last year on the occasion of an address

and were pronounced again on the occasion of a visit made by the

Director of the Ministry of Health ... In the Ukraine, measures

were taken to prevent the spreading of epidemics, not in the

interest of other peoples, but exclusively to secure German

occupation and keep up the efficiency of the labor in the

service of the German war industry.”

Finally, he was implicated in the attack on Norway, and thanks to his

special staff he conducted the methodical plundering of the artistic

wealth of Europe.

Frank was one of the Party’s earliest adherents. He was its legal

adviser and took part in the elaboration of its program. He was also the

Führer’s adviser. He was Minister of Justice in Bavaria, then Minister

of State charged with the co-ordination of justice in the Reich, and

finally Governor General of Poland. It is he who tried to give legal

form to the program of persecution and extermination drawn up by the

State and the Party. He defended the establishment of concentration

camps in the German _Legal Gazette_ in 1936 and he proclaimed that the

second fundamental concept of the Hitlerite Reich was racial

legislation. His personal activities in Poland contributed to the

extermination of numerous Poles. He boasted of these activities in his

diary.

Frick was a member of the Party from 1925. He became a Reichsleiter and

afterward Reich Director for Elections from 30 January 1933 to 20 August

1943. He was chief of the service for the annexation of Austria by

Germany and for the incorporation of the Sudetenland, Memel, Danzig, the

Eastern Territories, Eupen-Malmedy, and Moresnet. He was also Director

of the Central Office for the Protectorate of Bohemia-Moravia, the

Government General, Lower Styria, Upper Carinthia, Norway, Alsace,

Lorraine, and all the other occupied countries. He was Protector of

Bohemia and Moravia for over a year. He had been Reich Minister of the

Interior ever since the assumption of power and a member of the Defense

Council. When he was elected to the Reichstag in 1924, he proposed

anti-Jewish laws. Strictly obedient, on several occasions he gave

expression to the political theories of the Party. In particular he

declared:

“In National Socialist Germany, leadership is in the hands of an

organized community, that is, the National Socialist Party; and

as the latter represents the will of the nation, the policy

adopted by it, in harmony with the vital interests of the

nation, is at the same time the policy adopted by the country”

(Document Number 3258-PS).

He it was who appointed Himmler. He was responsible for the anti-Jewish

legislation and ordered sterilization for the descendants of colored

soldiers. Furthermore, he gave orders that the incurably insane should

be put to death.

Streicher entered the Party almost as soon as it was formed. He indulged

in unbridled propaganda against the Jews, both in his speeches and in

his writings and incited the German people to persecute and to

exterminate them. He was made Gauleiter. He does not dissociate himself

from anything that has been done. He stated:

“When one has known the profound depths of the Führer’s

character as I have done, and when I later learned from his

testament that he deliberately gave the order to execute the

Jews, well, I declare that this man had a right to do so.”

Funk entered the Party in 1931 and was decorated with the Golden Party

Badge. He was Chief of the Reich Press and Secretary of State for

Propaganda; eventually he succeeded Schacht in the Ministry of Economics

in 1937. He became Plenipotentiary for Economy and President of the

Reichsbank in 1941. In 1932 he acted as middleman between the Führer and

certain leaders of German industry. He attended the meeting of

industrialists organized by Göring on 20 February 1933 to obtain the

political and financial support of industry for the realization of the

Nazi program. He stated on 4 May 1946:

“As State Secretary for Propaganda I have a formal

responsibility. I have, of course, favored propaganda, as did

all those who found themselves in positions of importance in

Germany, for propaganda filled and permeated the nation’s

intellectual life.”

He asked that the Jews be excluded from important positions and issued

decrees to that effect. He received from the SS deposits of gold and

valuables from the victims of mass exterminations. He built up Germany’s

economy and signed the Secret Law of 4 September 1938.

Dönitz was Commander-in-Chief of the German Navy. He succeeded Hitler

with Seyss-Inquart as Foreign Minister. He was a recipient of the Golden

Party Badge. His adherence to the criminal policy of the system is

indisputable. He said, among other things (Document Number D-640): “The

officer is the representative of the State. This talk about nonpolitical

officers is sheer nonsense.”

He recommended the use of labor from the extermination camps in order,

he said, to increase output by 100 percent. He proclaimed unrestricted

submarine warfare and ordered his sailors “to be hard,” and not to

effect any further rescues. He approved and extolled massacres of

Communists.

Raeder was Commander-in-Chief of the German Navy before Dönitz. He was

present at the conferences at which Hitler revealed his plans, notes of

which were taken at the time. He put the Navy at the service of the Nazi

regime. He conducted clandestine rearmament activities and contributed

to the preparation of aggression against Poland and Norway. His contempt

for international law is well known. It will suffice to refer to the

memorandum of 15 October 1939, Document Number UK-65.

Schirach became a member of the Party at the age of 18. He joined in

1925, was Leader of the Hitler Youth from 1931 to 1940 and Gauleiter of

Vienna up to the capitulation. He was one of the essential parts of the

Nazi machine. He admits that as Gauleiter of Vienna he united in himself

the powers of the State, the city, and the Party. He moulded the youth

of Germany according to the ideology of the Party; and he has claimed

responsibility for the consequences resulting from this exclusive

formation. He allowed Himmler to recruit the SS from among the Hitler

Youth.

From 1943 onward, as he himself admits, he was aware of the treatment

inflicted on the Jews. Long before that date, however, he had taken a

very definite stand as to this question and had been active in

conducting anti-Semitic propaganda.

Sauckel joined the Party in 1925. Gauleiter of Thuringia,

Plenipotentiary General for the Allocation of Labor and honorary

Obergruppenführer of the SS, he held a highly enviable position in the

State and Party machine. A fiery propagandist, he delivered more than

five hundred speeches, in all of which he expounded the Nazi ideology.

He approved the principle of extermination. He said:

“With regard to the extermination of asocial elements, Dr.

Goebbels is of the opinion ... the method of extermination by

work is the best” (Document Number 682-PS).

He also stated:

“The Führer has ... said that we must revise our habitual

conception about the migration of peoples.... It is the Führer’s

wish that a hundred years from now, 250 million people speaking

the German language be settled in Europe” (Document Number

025-PS).

He personally played an active part in preparing the way for the

exterminations. On 28 May 1946, he made here the following statement on

the subject: “Best results in production can only be obtained by

judicious use of manpower.”

He forced over 2 million Frenchmen to collaborate in the war effort with

their labor—to say nothing of millions of people of other

nationalities. They were recruited by force with the help of the Police,

the SS, and the Armed Forces (Document Number S-827):

“I have”—he said—“given special authority to a few intelligent

men, with a view to procuring labor. They are working under the

direction of the Reichsführer SS and Police. I have armed and

trained a certain number of them, and I must make application to

the Ministry of Armaments for the necessary supplies for these

men ...” (R-124).

Through this declaration, the insinuation of counsel for Defendant Speer

to the effect that the French Government had voluntarily given their

assent to sending forced labor to Germany, is reduced to nought.

Alfred Jodl was Chief of the Operations Staff of the OKW. He enjoyed the

absolute confidence of the Führer in the same degree as Keitel (Document

Number 3798-PS). He took part in drafting the various plans for

aggression. Encouraged to serve Hitler by the presence of such

conservatives as Neurath, Papen, and Schacht at Hitler’s side, he

transmitted on 22 March 1943 the decree ordering the expulsion of Jews

from Denmark and their internment in Germany. He was also responsible

for the execution of Hitler’s order of 18 October 1942 for the

annihilation of Commandos (Document Number 530-PS).

He took part in the discussions on the measures to be taken against

airmen who were forced down. He signed the proclamation published by the

High Command of the Armed Forces relative to the struggle against

guerrilla troops—a proclamation containing regulations which outraged

the laws of humanity.

Von Papen paved the way for Hitler’s accession to power. The formation

of his Cabinet on 30 May 1932 was contrary to the normal parliamentary

procedure. On 2 June he ordered the dissolution of the Reichstag,

thereby giving free rein to Hitler’s terrorism. With respect to an

interview with Hitler in June 1932 he said: “I have agreed to Hitler’s

demands, the right of the SS and SA to wear uniform.”

At the same time Papen for his part was under no illusions as to the

consequences of the Hitlerian agitation which he had himself instigated.

But he preferred Hitler to democracy. After the elections of 30 July he

endeavored to induce Hindenburg to accept Hitler and in the month of

November he succeeded. He allowed Nazi functionaries to usurp the public

services. Sir David Maxwell-Fyfe reminded us of Von Papen’s vindication

of National Socialism in Essen in November 1933. Papen expressed himself

very definitely on the racial problem (speech at Gleiwitz in 1934).

“Certainly no objection can be made to racial research and

racial hygiene with the aim of preserving as far as possible the

national characteristics of the people and awakening the spirit

of national community.”

We know what these measures were.

Papen served the Party and State administration until the capitulation.

Neither the murder nor the imprisonment of his collaborators, of which

the State and the Party were guilty, interrupted his activities.

Seyss-Inquart joined the National Socialist Party on 13 March 1938. He

occupied various positions within the inner circle of the Party and in

the State services, was finally made Assistant Governor of Poland and

later Reich Commissar for the Netherlands. He declared—I quote: “I

cling with unchanging tenacity to the aims in which I believe: Greater

Germany and the Führer.” (Excerpt from a letter of Seyss-Inquart to

Göring on 14 July 1939; Document Number 2219-PS).

“We hold the task of a generation, that is to say of the vital

force of a people, to be the creation and the security of

Lebensraum for the cultural and economic life of that nation.”

(Speech of Seyss-Inquart of 23 January 1939; Document Number 3640-PS.)

“As the task of a whole generation, the entire Vistula region,

and not only the territories now gained in the East, must be

settled by Germans ... the Slovakia of today, the Hungary of

today, the Romania of today, must be reorganized. I believe that

the time has come for that.... I believe that soon the whole of

this territory will be under the sole administration of

Germany.”

(Letter of Seyss-Inquart to Bormann of 20 July 1940; Document Number

3645-PS.)

Seyss-Inquart endeavored to realize the main political object of the

Party: Conquest of space at all costs. He used all his available

resources for the annexation of Austria, of which he was a native (He

admitted that he had worked for 20 years to bring about the Anschluss).

His collusion with Konrad Henlein for the reincorporation of the Sudeten

territory in Germany has been proved. In Holland he gave orders for the

execution of hostages and forged political and economic links between

that country and the Reich. He is further responsible for the systematic

pillage inflicted on Holland, for the deportation of the population and

for the introduction of measures which led to famine.

Speer joined the Party in 1933. He was appointed personal architect to

Hitler, and in this capacity he came into very close contact with the

Führer. Chief of the Todt Organization from February 1942, Armaments

Chief for the Four Year Plan from March 1942, Minister for Armaments

from September 1943, he was one of the high-ranking officials in both

the State and the Party. Speer utilized more than a million men in the

Todt Organization and more than fifty thousand deported Frenchmen in the

Ruhr territory alone in 1943. He is responsible for the ill-treatment of

foreign workers in German factories, particularly in the Krupp plants.

He employed more than 400,000 war prisoners in the armament industry.

His delegates were authorized by the OKW to enter the camps and to

select skilled workmen. He exploited the manpower of the concentration

camps, affecting a total of more than 32,000 men, as he has himself

admitted. He visited Mauthausen and shares the responsibility for the

deportation of Jews to special labor camps, where they were

exterminated, as well as the deportation of 100,000 Hungarian Jews to

aircraft factories.

Von Neurath, Minister for Foreign Affairs from 1932, remained in this

office when the Nazis seized power in 1933. He continued to occupy this

post until 1939 and both he and his departments were gradually absorbed

by the growing State and Party machine. As he was a member of the

Government from the outset, he cannot have been ignorant of the

political ideology of the Movement. If he claims to have been shocked

when he learned in 1937 that Hitler was planning aggression, he

nevertheless remained in office and made no attempt to dissuade Hitler.

On the contrary, it was he who by his approval encouraged Hitler to

reoccupy the left bank of the Rhine—the first stage in the wars of

aggression for the conquest of living space. He remained Minister of the

Reich until the end. A conservative himself, his presence encouraged

conservative elements in Germany to co-operate with Hitler. Mainspring

of the Party and State machine, Von Neurath is closely connected with

this machine in the crimes of extermination of which he was fully aware

and which he himself decreed.

On 31 August 1940 Von Neurath transmitted to Dr. Lammers two memoranda,

one drawn up by himself and the other by his Minister of State Frank,

both advocating the total Germanization of Bohemia and Moravia and the

elimination of the Czech intelligentsia. One of these reports contains

the following lines:

“With regard to the future organization of Bohemia and Moravia,

all considerations should be based on the goal set for this

territory, from the state political and national political

angle. From the state political angle there can be only one

goal: Complete incorporation into the Greater German Reich. From

the national political angle: Settling these territories

completely with Germans. A brief survey of the actual position

as it presents itself from observations and experience gained

since the annexation with regard to the state political and

national political angle, indicates the path to be followed in

order to reach the clearly defined and unequivocal goal. If

things present themselves in such fashion then a decision must

be taken on the fate of the Czech people so that the end in view

may be achieved, which is to incorporate the country and

populate it with Germans as quickly and as completely as

possible” (Document Number 3859-PS).

Fritzsche served the Party before it came to power, but he did not

actually become a member of it until 1933 and then he quickly became a

remarkably efficient propagandist. In the course of the war he became

the head of the radio service. Expounding the doctrine of the regime, he

agitated for the massacre of Jews.

By means of repeated addresses he furthermore endeavored to imprint in

the German mind the idea that its very life was imperiled by the Jews

and democracy, and that it must yield itself unreservedly to the men of

destiny who governed it.

Schacht’s position is peculiar in itself. I shall deal with his case at

greater length. He claims to be a victim of the system and is surprised

to find himself here cheek by jowl with Kaltenbrunner, his jailer.

Schacht told us that the ideals of the Party did not appeal to him.

Nonetheless, former Minister Severing stated at the session of 21 May

1946, that in 1931 he had learned from a communication of the Berlin

police that Schacht had taken part in discussions with the Nazi chiefs.

He added that Schacht’s relations with plutocracy and militarism struck

him as highly compromising, and that he would not have cared to be a

member of the same Cabinet. We know that Schacht had established

relations with Hitler in 1930, bringing to him the advantages of his

repute in Germany and abroad. National Socialism derived considerable

benefit from this.

At the National Front rally at Harzburg in October 1931, Schacht took

his seat next to Hitler, Hugenberg, and Seldte. He had already attempted

to draw Hitler into the Brüning Government. He was responsible for

procuring funds for the decisive elections of March 1933 (USA-874,

Document Number EC-440) at a meeting between Göring and the leading

industrialists, on which occasion Hitler delivered a speech. After the

seizure of power, Schacht played an outstanding role within the

machinery of Party and State. He became President of the Reichsbank and

Minister of Economics. On 19 January 1939 he left the Reichsbank, but he

became a Minister of State and held that post until 21 January 1943.

Clever, subtle, and capable of disguising his real thoughts behind a

mask of irony or insolence, he never committed himself completely. It

has, however, been proved that he persistently demanded increased living

space for Germany. When he tried to mislead his questioners by speaking

of colonial claims and it was pointed out that, considering world

conditions, the possession of colonies could in no way assist Germany in

solving her domestic problems, he failed to reply. He knew how to

threaten the democracies and even resorted to a form of extortion

through fear. When speaking of a Party success during a visit to

America, he said:

“I gave the greatest possible warning saying that: If you

foreigners do not change your policy toward Germany, there will

in a very short time be many more members and adherents of

Hitler’s Party.”

He also said: “It is perfectly clear: We ask for territory in order to

feed our people.”

What part did he play in the development of the criminal policy? As soon

as he was established in the Reichsbank, a vast program for financing

public works was launched. All of these works—new railroads, motor

highways, _et cetera_—were of strategic importance. Moreover, a large

proportion of the credits was secretly used for purely military

purposes.

From 1935 onward, rearmament was speeded up under the vigorous impulse

of the new financial measures which he devised. The academic and upright

economist of tradition turned into a sharper in order to realize the

great aims of the Party. By means of accommodation drafts—mefo

drafts—the rearmament was financed. Drawn on a drawee who provided no

cover, a company created to serve this express purpose, the blank drafts

were endorsed by a second and similar company.

When the first draft was drawn, the drawer added extension drafts so

calculated that the last fell due in January or March 1942. When we look

back, the full significance of the date chosen becomes evident. The year

1942 was the date fixed by Schacht for the full extent of his fraudulent

enterprise, in the hope that by that time the war would have solved the

problem for him. The original draft was discounted by the Reichsbank.

Bills were not subject to fiscal taxes so as to prevent any evaluation

of the amount in circulation by means of a control in the yield of the

taxes. Operations were conducted with the utmost secrecy. Even as early

as 1935, all available Reichsmark credits were utilized by the

Reichsbank for these armament drafts. At the end of 1938 there were 6

billion marks in mefo drafts in the assets of the Reichsbank and 6

billion marks worth to discount, of which 3 billion worth were

short-dated. When the drafts fell due, Schacht could not but be aware

that there were only three possible solutions:

1) Consolidation of the debt by foreign loans, which would not be

extended to Nazi Germany, already armed to excess.

2) An inflation comparable to that of 1923, which would mean the end of

the regime.

3) War.

The scope of the rearmament operations financed by Schacht up to 31

December 1938 is revealed by calculations made by M. Gerthoffer of our

delegation (we attach his report hereto). Let us not forget that Hitler,

in his letter to Schacht, dated 19 January 1939, wrote: “Your name will

be connected above all and for all time with the first period of

national rearmament” (EC-397). We may take note of that—from April 1935

to 31 December 1938, there were spent 345,415 million francs on the

rearming of Germany. During the same period France spent only 35,964

million francs. Such a discrepancy shows quite clearly what Schacht’s

aim was. This was Schacht’s doing and his alone. On the battlefields of

France in 1940 we find again the same ratio of 10 German armored

divisions to 1 French division.

Schacht’s retirement from the Reichsbank and the Ministry of Economics

can in no way speak in his favor. Difficulties arose between Göring and

himself in regard to the realization of the Four Year Plan. Schacht

would not admit Göring as his superior. He resigned from the Ministry of

Economics on 26 November 1937, but remained president of the Reichsbank

and Minister without Portfolio. On 7 January 1939 he handed Hitler a

memorandum pointing out that the volume of the mefo drafts in

circulation through his own fault was threatening the stability of the

currency. Technically speaking, his position at the Reichsbank had

become untenable. His retirement, therefore, was due to questions of

economic organization and not to political reasons. In any case, he

retained the functions of Minister without Portfolio, and did not give

up this post until January 1943, at the time of the Stalingrad defeat,

when both the Party-State machine and the Reich were beginning to break

down. Obviously he no longer served any useful purpose, but it is

equally obvious that he might again have done so at some later date, in

the capacity of negotiator of a peace compromise.

Are his further political troubles due to the intrigue by Hitler’s

advisers which we can now well imagine, or were they due to

Machiavellism on his part, or to sheer bad fortune? What is the

significance of the part played by this ill-starred man who succeeded in

gathering round him all of the great financiers and industrials with

pan-Germanic leanings, who helped Hitler to power, whose presence

inspired confidence in Nazi Germany, whose financial wizardry provided

Germany with the most powerful war machine of the age, and who did all

this to enable the Party-State machine to hurl itself forward to the

conquest of living space? This man was among those mainly responsible

for the criminal activities of the Party-State machine. His financial

genius was that of the Nazi State; and there is no doubt of his

participation in its crimes. It is of fundamental importance. The

measure of his guilt is full, his responsibility complete.

As for the last of Hitler’s confidants, Bormann, we know that he was

responsible for the mass extermination of the Jews. There is no need to

say more.

I have now reached the end of my demonstration of the guilt of each

individual defendant. Not that the subject is exhausted, but the time

allowed by the Tribunal for each representative of the Prosecution to

address the Court only permits us to sketch the outline of a

presentation which deserves more systematic treatment. A multiplicity of

examples could be found to illustrate our presentation. All the facts

submitted during the last 9 months by all four delegations fit of their

own accord into our plan; and this in itself is sufficient to prove that

our logic is unimpeachable and that our conclusions are in strict

accordance with the truth.

We consider, therefore, that proof has been furnished that all these men

have been parties to the crimes of the German State, that all these men

were in fact united in pursuit of the same political aim and that all of

them have in one way or another participated in the greatest crime of

all, genocide, the extermination of the races or people at whose expense

they intended to conquer the living space they held necessary for the

so-called Germanic race.

We have all heard the objections raised by the Counsel for the Defense.

It is Dr. Seidl who stated them most forcibly (Page 25 of his speech for

Frank).

“The law in force”—he said—“is based on the fundamental

principle that international law deals solely with the sovereign

state and not with the isolated individual.”

In conclusion he denies the right to sentence these men. First let us

say that not one of the defendants was an “isolated individual” of whom

Dr. Seidl speaks. We think that we have demonstrated their co-operation

and solidarity, strengthened by the Party system beyond the usual

intercourse between the ministers and principal administrators of any

democratic country.

We may observe in addition that it seems intolerable to every sensitive

human being that men who put their intelligence and their good will at

the disposition of the state entity in order to make use of the power

and the material resources of this entity to slaughter, as they have

done, millions of human beings in the execution of a criminal policy

long since determined, should be assured of immunity. The principle of

state sovereignty which might protect these men is only a mask. This

mask removed, the man’s responsibility reappears. Dr. Seidl knows that

as well as we do. But he says, “such is the international law in force.”

What respect on his part for the law in force, but how surprising in his

mouth the words which follow! A few moments later, examining the Hague

Conventions of 1907, which, we must remember, have not been denounced by

any of the signatories, not even by Germany, he complacently points out

that they were inspired by the experiences made during the wars of the

nineteenth century and are no longer valid in the twentieth. Modern wars

were no longer subject to the restrictions of the Hague Conventions. He

states further:

“Under these circumstances one cannot make use of the

prescriptions of the Hague Convention with regard to land

warfare—even if interpreted in the widest sense and adapted in

a suitable manner as a basis for the criminal responsibility of

the individual.”

Dr. Seidl therefore considers international law as static when he

believes that this will enable him to draw favorable conclusions

therefrom; but when this law condemns his client, it must be considered

as still in process of evolution.

Dialectics of this kind, which make use of paralogism, are specious. Dr.

Seidl is well versed in the art of sophism, but he convinces no one. The

immunity of the chiefs of state and their associates was hardly

conceivable when it was allowed to be subject to the rules and

restrictions of custom, convention, and international law. This immunity

became intolerable from the moment that they freed themselves from every

rule, and pressure from the universal conscience gave rise to new

developments in international custom in order to oppose it. I have

already shown this at the end of my statement last February; I shall not

revert to that point. It should suffice to add that the Charter of 7

August 1945, taking in consideration the work of the various war crimes

commissions from 1940 up to the capitulation, upheld the conclusions

drawn by a Frenchman, M. de Lapradelle, at the War Guilt Commission

1919. The defendants are arraigned before you on account of the acts

they committed on behalf of the German State and if it is necessary that

law should reinforce the authority of custom, then the Statute of

London, drawn up on the basis of common law in course of formation,

still justifies our study of the defendants’ responsibility with regard

to the crimes of the German State. In fact, Article 6 of the Statute

deals only with crimes committed on account of the state.

The impression we draw from the final pleadings is that most of the

defense counsels put all their hopes in a concise juridical or

pseudojuridical process of reasoning. Many questions were debated. Are

there just and unjust wars, defensive wars and wars of aggression, is

there a world-wide juridical conscience? Are there unequivocal criteria

of aggression? This is what worries the Defense; and not the question of

the extent to which those who have collaborated in the work of

extermination should be punished.

When the defense counsels speak of “law in force” they do so for the

purpose of denying this Tribunal the right to condemn, and Dr. Jahrreiss

denied all authority to the law “such as it should be conceived” in the

light of morality and progress (Page 3). All of them forget that the law

in force is not only the law of the past, the only one to which they

themselves appeal, but that the law in force is also that which the

judges invoke in a concrete manner from the bench. All of them forget

that jurisprudence is subject to the laws of evolution. Where no written

law exists one can only speak of the former tendencies and ascertain

whether they are still valid and can be invoked. But let us stop here.

We would ourselves confuse the issue.

The unique fact of this Trial, the fact that stands out above all

others, is that of the methodical, systematic extermination of all those

who occupied the living space coveted by Germany.

Other crimes have certainly been committed, but only as means to an end.

We are tempted to describe them as secondary and accessory to the main

crime, so overwhelming is the atrocity of the latter.

We must realize the full magnitude of these atrocious crimes and

appreciate the danger to humanity which is constituted by such a

precedent, in order to exact adequate punishment.

Atrocity of the State-Committed Crime.

We have already shown that the crime committed by these men is not a

simple crime. The common criminal knows his victim; he sees him with his

own eyes. He himself strikes and knows the effect of his blow. Even if

he is only an accomplice he is never sufficiently dissociated, morally

and psychologically speaking, from the chief perpetrator, not to share

to a certain extent his apprehensions and reactions when the blow is

delivered and the victim falls.

Genocide, murder, or any other crime becomes anonymous when it is

committed by the State. Nobody bears the chief responsibility. Everybody

shares it—those who by their presence maintain and support the

administration, those who conceived the crime and those who ordained it,

as well as he who issued the order. As for the executioner, he says to

himself, “Befehl ist Befehl,” “An order is an order,” and carries out

his hangman’s task.

Those who make the decision do so without shuddering. It is possible

that they have no accurate and concrete picture in their minds of the

consequences of their orders. The stupefaction of some of the accused

immediately after the showing of the film about the camps is

understandable in the light of this reflection. As for those who promote

the execution of the crime by their general co-operation in the work of

Party and State, they feel that they are passive spectators of a scene

which does not concern them. They have, in any case, no punishment to

fear. In the German sphere the State and the Party are strong, and

determined to remain so for a thousand years. They have destroyed

justice. In the international sphere, the prevailing code insures—or,

at least, is believed to insure—immunity. Moreover there is no

permanent international jurisdiction capable of opposing the gangster

states. The possibility of a military defeat is not taken into

consideration, since the precautions taken are apparently so thorough.

It is a remarkable fact that, allowance made for the delay necessary for

the installation of gas chambers, the peak of the murders coincides with

the period in which the State and regime believe in certain victory, or

have not yet taken seriously the omens of defeat. It is really the

perfect anonymous crime imagined by the French moralist when he

propounded the case of the mandarin as a test of moral conscience. And

all the conditions favor the absence of a reaction. The facts have

demonstrated that none of those men have experienced the decisive

revulsion in those circumstances.

Most of them did feel that they had played a part in the tragedy. They

have, I think, been more intent on relieving their consciences than on

attempting to deceive their judges by shelving guilt onto their

neighbors. Few of them have had the courage to acknowledge, as did

Schirach and Frank, that they were component parts of the whole system,

and as such could not evade responsibility. The others deny it at the

risk of letting the guilt fall upon the German people who were incapable

of throwing off the yoke of their evil masters. They attempt, in the

exposition of their case, to minimize their responsibility in the hope

of conjuring it away, but since Severing’s statement and those made

previously by the mayor of Oranienburg and the mayor of Buchenwald and

confirmed by Frank, are true, namely, that there were rumors all over

Germany that people died in these camps, as everybody now knows, do they

expect to make us believe that they alone were in ignorance thereof?

The less guilty among them, if one can establish different categories of

“major criminals,” did not dare to object, but their criminal cowardice

had such appalling consequences that they cannot possibly justify any

lessening of the penalty.

As we now see, crime committed by the state in a regime in which state

and party are one, and in which popular control is prevented by the

absence of freedom of thought, freedom of expression and free elections,

is, from the point of view of the criminal, the easiest to commit.

Moreover, technical progress all over the world has harnessed almost

every natural force in the service of mankind. His capacity to work evil

has been considerably increased thereby. Moral restraint has at the same

time been relaxed by the pursuit of materialistic gratification which is

also the corrupt fruit of material progress not controlled by intellect.

Generally speaking, crime seems to be on the increase in every state, in

spite of highly improved methods of repression. In the international

scheme of things, the process is similar. The only difference is that it

is on a larger scale, because as yet there is no international means of

repression. The industrial revolution and the development of natural

sciences have multiplied the virtual power of states. If the state keeps

in its own hands natural wealth and its exploitation, accentuates its

grip on credit by monetary operations, increase in taxation, the levying

of additional loans, whether voluntary or forced, if it binds its people

even more firmly to it by developing public welfare institutions, and

influences their mental life by means of radio propaganda, employing

with this end in view eloquent propagandists capable of arousing the

blind passions of the mob within men most peacefully disposed and most

widely scattered—if this state at the same time takes away from its

opponents every possibility of expressing their views, prevents any

control by the people and every form even of private criticism, it

becomes an absolute ruler possessed of tremendous means of action for

better or worse. Every criminal technique is within its reach and it can

make unrestrained use of it unless, Gentlemen, you introduce the element

of sanctions in international law. It must be possible henceforth to put

an end to the criminal activities of a gangster state through the power

of a superstate organization directed by a legal institution of the same

kind, otherwise the freedom of nations is doomed. The weapons of revolt

fell from their hands as soon as states—and states alone—could possess

methods of destruction against which the courage of individual citizens

was unavailing. Operated by a small number of men devoted to the

criminal regime, those arms which are the property of the state can

drown in blood the slightest attempts at resistance, and although revolt

against tyranny is still the most sacred of duties, such revolt is now

hopeless. This is the danger, and Germany succumbed to it. It is true

that every favorable condition was present at the same time. Under the

impulse of the industrial revolution which from 1850 onward was more

violent in this country than in any other, social standards have changed

enormously; and at the same time the population itself has changed from

rural and agricultural to urban and industrial. This has resulted in a

lowering of its mental level which has brought with it disastrous

consequences, since the bourgeoisie had received no political education

under the Empire.

Deliberately kept at a distance from public affairs by their former

rulers, the German masses, with regard to the industrialist upper class

and proletariat, were interested only in the economic development of the

Reich, and, with regard to the middle class, only in the Army and the

future Reich. When, after the first World War, the Germans had to endure

the disappointment of defeat; when to shabby and commonplace

surroundings were added all the rancor and resentment described by the

Defendant Göring at the beginning of his testimony, in addition to the

bitter consciousness of social and material downfall; when youth in

particular strove to make its hopes a concrete reality, Pan-Germanism

awoke, was disseminated and brought down to the level of the mob and

then came within reach of all the discontented elements. At the same

time, the old antithesis between vital force and intellectualism,

culture and civilization, healthy eagerness and decadent lassitude, the

cult of life and the cult of intellect was brought to life and given

definite shape for the use of simple and puerile minds in the form of

the dynamic antithesis between the Nordic Aryan and the Semitic Jew.

With the help of appropriate education this biological materialism was

easily imposed. The ground had long been prepared. The German is

particularly attracted by inculcated doctrine because it alone can

supply the lack of personal, independent discipline which is

characteristic of him on the intellectual and moral plane. He loves

anything that can be recited as a universally acknowledged creed, a

stereotyped phrase suitable for use on all occasions. For this reason,

young Germans learned for their Abitur examination the six races

admitted by Guenther just as they learned grammar, and no more dreamed

of doubting the former than they doubted the latter. And when the German

mentality accused nations as much alive and as strongly attached to

their land, their traditions, and their flexible and varied human

culture, as England and France, of being content to possess only a puny

and artificial intellectual life, when it accused them with the crime

against life—and Dr. Stahmer echoed this—the German mind created for

itself, by reason of the coarse and facile creed which it claimed to

impose upon all alike, an intellectualism differing from ours in its

danger and its artificiality. The result of these so-called ethics of

life was a practice and a doctrine of pure opportunism—collective or

social, pseudoscientific, biological, materialistic—which resulted in

the sterilization, the physiological observations made in the camps, and

12 million dead. The reflection of the old French philosopher comes

irresistibly to our minds when we are confronted with this result:

“Science without conscience is but ruin of the soul.” A

neo-Machiavellism, an example of which was afforded us by Göring in his

statement, took root.

I read lately somewhere in a final pleading that right in itself does

not exist, and that efforts to establish a dividing line between right

and wrong are guided by historical and national standards (Dr. Nelte).

Hitler had already said: “Right is what is profitable to the nation”

and, according to his defense counsel, Frank paraphrased this statement

as follows: “What is profitable for the people is right. Collective

interests take precedence over individual interests.” On reading this, I

thought of the answer which would have been given by the absolutist,

Bossuet, who knew how to determine human standards. The Defense Counsel

compared French absolutism with Nazism. Here is my answer:

“Politics sacrifice the individual to the common good, and this

is right to a certain extent; it is good that one man should die

for the people. By that, Caiaphas understood that an innocent

person could be sentenced to the supreme penalty for the sake of

the common good, which is never allowed, for, on the contrary,

innocent blood cries for vengeance against those who shed it.”

We know what consequences the Nazi precepts could produce. The witness

Roser reported the words of this young German soldier who, after

describing a massacre in a ghetto, concluded: “Ah, my dear friend, it

was horrible, but ... an order is an order.” The Tribunal will find

Kramer’s terrible words at the end of Document Number F-655, which is in

one of the document books submitted by the French Delegation. Before he

was made commandant of the Bergen-Belsen Concentration Camp, Kramer

commanded the Natzweiler Camp in Alsace, where he himself asphyxiated 80

persons by gas. This has been proved. In answer to the question: “What

would you have done if they had not all been dead?” he said:

“I should again have tried to asphyxiate them by letting a

second dose of gas into the room. I did not feel any emotion

while carrying out these acts, for I had received orders to

execute the 80 internees in the way I told you. After all I have

been trained in that way.”

What a terrible charge against the system! Before becoming a murderer by

order, this man had been a bookkeeper in Augsburg. How many peaceful

bookkeepers so trained are still in Germany today? And now “innocent

blood cries for vengeance.”

Conclusion:

You know the crime! You know why and by what means it was perpetrated!

This heinous and unprecedented crime is that of the National Socialist

Party-State, but the defendants in their capacity as chiefs of the

National Socialist Party and high State officials have all accepted

major responsibility in the conception and perpetration of this crime.

Their participation in the crime of the Party-State is their own

personal fault and brings with it no claim whatsoever to immunity! Proof

has now been brought against them!

They must be punished; you know also the dangers to which the world is

exposed by their crime and the misery and misfortune it has brought to

mankind. You must hit hard without pity. It is enough that the verdict

be just! To be sure, there are degrees in their guilt. Does it follow

that there must be degrees in the penalties themselves, when those whom

we consider the least guilty merit the death penalty! Tomorrow, this

International Trial over and the principal war criminals sentenced, we

shall go back to our own countries where we may have to prosecute before

our own tribunals those who merely carried out the orders of the

National Socialist State, who only played the part of hangman.

How could we demand the death penalty for another Kramer, or another

Hoess, or for the camp commandants who have on their conscience the

deaths of millions of human creatures whom they killed by order, if we

hesitated today to demand the supreme penalty for those who were the

driving force of the criminal State which gave the orders.

The fate of these men lies entirely with your conscience! It is now out

of our hands, our task is finished. Now, it is for you in the silence of

your deliberations to heed the voice of innocent blood crying for

justice.

THE PRESIDENT: The Tribunal will adjourn.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

THE PRESIDENT: I call on the chief prosecutor for the Union of Soviet

Socialist Republics.

GEN. RUDENKO: Your Lordship, Your Honors.

We are summing up the results of the legal proceedings against the major

German war criminals. In the course of 9 months all the aspects of the

case and all the evidence presented to the Tribunal by the Prosecution

and by the Defense have been subjected to a careful and detailed

scrutiny. Not a single deed of which the defendants have been accused

has been left without verification, not a single significant

circumstance has been overlooked during the investigation of the present

case.

For the first time in the history of mankind criminals against humanity

are being held responsible for their crimes before an international

criminal tribunal; for the first time nations are trying those who have

soaked large areas of the earth with blood, who have annihilated

millions of innocent people, destroyed cultural treasures, instituted a

systematic massacre and torture, exterminated old people, women, and

children, and who in their mad desire for world domination have hurled

the universe into an abyss of unprecedented misery.

This Trial, to be sure, is the first of its kind in legal history. A

tribunal is sitting in judgment, a tribunal created by the peace-loving

free countries, who represent the desire of mankind for progress and to

prevent the recurrence of calamities suffered, determined not to permit

a gang of criminals to carry out with impunity their preparations for

the enslavement of nations and the extermination of peoples in the

realization of their fanatic plans. Mankind has called the criminals to

account and we, the prosecutors, on behalf of all mankind, are the

accusers at this Trial.

And how pitiful are the efforts to dispute the right of mankind to judge

its enemies, how vain the efforts to deprive nations of the right to

punish those who made enslavement and genocide their aim, and who for

many years strove to realize this criminal aim by criminal methods. The

present Trial is being so conducted that the defendants, who are accused

of the most heinous crimes, are given every possibility to defend

themselves and are offered all the necessary legal guarantees. In their

own country the defendants who stood at the helm of the Government

destroyed all legal forms of justice, and discarded all the principles

of legal procedure accepted by civilized mankind. But they themselves

are being tried by an international court with legal guarantees to

assure all the rights of defense.

We are now summing up the results of the legal proceedings, we are

drawing conclusions from the evidence examined before the Court, we are

considering all the data upon which the accusation is based. We now ask:

Were the charges levied against the defendants proved before the Court,

has their guilt been established? There is only one answer to this

question: The legal proceedings fully confirm the charges.

We charge the defendants only with those facts which have been fully

established and proved beyond all doubt in the course of the proceedings

in which monstrous crimes have been proved, crimes which were prepared

over a period of many years by a band of bragging criminals who had

seized power in Germany, and who perpetrated these crimes over a period

of many years, without regard for the principles of law or the most

elementary standards of human morality. These crimes have been proved,

the defendants’ testimony and the arguments of the Defense have been

powerless to refute the charges—they cannot be refuted because it is

impossible to refute the truth, and truth is the enduring result of this

Trial, the consequence of our long and stubborn efforts. The accusation

has been proved in every detail. It has been proved that there existed a

Common Plan or Conspiracy in which the defendants participated for the

preparation of aggressive wars, in violation of international law and

for the enslavement and extermination of peoples. There can be no doubt

as to the existence of such a plan just as there is no doubt about the

leading part played in it by the defendants. This point of the

accusation is confirmed by all the data introduced during the legal

proceedings by irrefutable documents, and by the testimonies of

witnesses and of the defendants themselves.

All the activities of the defendants were directed toward the

preparation and the launching of aggressive wars. All their so-called

“ideological work” consisted in the cultivation of bestial instincts, in

the installation of the absurd idea of racial superiority in the

conscience of the German people, and in the practical realization of

their plans for the extermination and enslavement of peoples of

“inferior” races, who were supposed only to serve for fertilizing the

growth of the “master race.” Their “ideological work” consisted in a

call to murder, to plunder, to the destruction of culture, and to the

extermination of human beings.

The defendants prepared these crimes a long time in advance and then

committed them by attacking other countries, seizing foreign territories

and exterminating the population. When was this plan or conspiracy

conceived? Of course, it is scarcely possible to give an exact date, day

and hour on which the defendants conspired to commit their crimes. We

cannot and shall not establish our conclusions and assertions on guesses

and suppositions. But it must be considered as established beyond any

possible doubt that from the moment when the fascists seized power in

Germany they embarked on their criminal aims and utilized this power for

the preparation of aggressive war. All the activity of the defendants

was directed toward the preparation of Germany for war. The rearmament

and reconversion of economy for war purposes is an irrefutable fact—it

has been proved by documents and admitted by the defendants themselves.

We may ask, what was this war for which the defendants began to prepare

immediately after the seizure of power? Could this possibly be a

defensive war? But then nobody intended attacking Germany; nobody had

any idea of the kind, and—in my opinion—such an idea could not even

have existed. Since Germany was not preparing for a defensive war and

inasmuch as the very fact that she did prepare for war has been

established—it is evident that she was preparing for a war of

aggression. That is the logic of the facts and such are the facts

themselves. Germany initiated and waged this very war which she had been

preparing, and in 1937-39 occurred precisely that for what she had been

preparing since 1933. Hence the conclusion: The plan or the conspiracy

existed at least since 1933, that is, from the moment when the fascists

seized power and used it for their criminal purposes. These are the

facts which are confirmed by the words of the defendants themselves

uttered at a time when they did not expect that they would ever be

defendants. It is enough to mention the speeches of Schacht, Krupp and

others in which they describe how the fascist Government was preparing

for war and how all fields of political and economic life were subjected

to this one purpose.

I consider as fully proved the charges against the defendants to the

effect that in 1933, when the Hitlerites seized power in Germany, they

created a plan or conspiracy for the perpetration of crimes against

peace, war crimes and crimes against humanity. The legal proceedings

have unequivocally proved the crimes against peace committed by the

defendants, which consisted in planning, preparing, initiating and

waging aggressive wars, in violation of international treaties,

agreements and assurances. Here the facts speak for themselves—wars

which involved innumerable victims and destruction, wars whose

aggressive nature has been undoubtedly established. The guilt of the

defendants in the perpetration of crimes against peace has therefore

been fully proved.

The charge of perpetrating war crimes, in waging war by methods contrary

to all laws and customs of war, has also been fully proved. Neither the

defendants themselves, nor their defense counsel could raise any

objections to the very fact of their having committed these crimes.

All that they could say to this was that the defendants themselves had

not committed these atrocities, as for instance the extermination of

people in “murder vans” and concentration camps; they had not destroyed

the Jews with their own hands, and some of them had not even known about

such particular facts. But that such facts really did exist the

defendants themselves do not deny. The defendants admit these facts. A

fruitless method of defense!

Certainly, the defendants occupying high leading posts in Hitler’s

Germany were in no need of personally shooting, hanging, smothering,

freezing live people to death by way of an experiment, and so on. Their

subordinates did that according to their instructions, their henchmen

did the dirty work, so to speak, while the defendants only had to give

orders which were obeyed without a murmur. Therefore, the attempts of

the defendants to deny their connection with these henchmen, to detach

themselves from them, were hopeless.

This connection is evident and indisputable. If the commandant of

Auschwitz, Rudolf Hoess, extracted the gold teeth of the dead, we may

say that the Reich Minister, Walter Funk, opened special vaults in the

cellars of the Reichsbank in which to keep these gold teeth. If

Kaltenbrunner’s subordinates exterminated people in “murder vans,” the

vans themselves were built at the works of Sauer, Daimler and Benz, who

again were the subordinates of the Defendant Speer. If the prisoners of

war were destroyed by professional henchmen of the Death’s-Head unit and

by the camp guards, the orders to exterminate were signed by Keitel,

Generalfeldmarschall of the German Armed Forces. That is to say, it is

the defendants who gave the sign for extermination, issued the orders to

create a special murder technique, and explained the ideological reasons

for the right of the master races to exterminate “inferior races.” It

was they who calmly and ruthlessly watched the tortured victims and, as

Hans Frank, delivered solemn speeches about “one more step forward”

taken by German fascism toward ridding “the living space” of “the

inferior races.”

The defendants are responsible for every murder, for every drop of

innocent blood shed by Hitler’s hangmen, for between them and the direct

perpetrators of the crimes, murders, tortures, there is a difference

only in rank and scope of action. Those are the direct hangmen, and

these are the principal hangmen, hangmen of a higher rank. They are far

more dangerous than those they trained, in the spirit of hatred toward

humanity and cruelty, and whom they now repudiate in order to save

themselves.

The criminality of the defendants in the perpetration of war crimes has

been fully proved in the sense that they initiated a system of

exterminating prisoners of war, peaceful inhabitants, women, old men,

and children. It is their fault that wherever the German soldier stepped

there lay the heaps of murdered and tortured people, ruins and places

left barren by fire, devastated towns and villages and the land

desecrated and soaked in blood.

The crimes committed against humanity have been completely proved. We

cannot omit the crimes committed by the defendants in Germany during

their domination: The extermination of all those who in any way

expressed their discontent with the Nazi regime, the slave labor and the

extermination of human beings in concentration camps, mass extermination

of Jews, and the same slave labor and extermination of people in the

occupied territories—all this has been proved and the charges are

irrefutable. What means of defense have the counsels used, what kind of

proofs and arguments could they give to refute the charges?

The arguments of the defendants may be divided into two main groups.

First, a number of witnesses summoned by the Defense Counsel. These

witnesses were to extenuate the guilt of the defendants by their

evidence, to play down the part taken by them in committing the crimes,

and to rehabilitate them by all possible means.

These witnesses themselves were, in most cases, defendants in other

trials. How can we discuss the objectivity and authenticity of the

evidence given by such witnesses of the Defense, if the innocence of the

Defendant Funk should be confirmed by his deputy and accomplice, a

member of the SS since 1931, Hayler, bearing the rank of SS

Gruppenführer; if the criminal Rainer, member of the fascist Party since

1930, and Gauleiter of Salzburg and then of Kärnten, was summoned to

give evidence on behalf of Seyss-Inquart.

Those so-called “witnesses”—such as for instance Bühler—the right-hand

man of the Defendant Frank and accomplice in all his crimes, or Bohle,

one of the principal leaders of the Hitlerite espionage and

counterespionage activities and chief of the Auslands-Organisation of

the fascist party, came here in order to commit perjury to try to

protect their former “bosses” and to save their own lives.

And yet most of the “witnesses” for the Defense in the course of the

interrogation became witnesses for the Prosecution. They were convicted

by the “mute witnesses”—documents, mostly of German origin; they

themselves were forced to expose those whom they intended to protect.

Another type of the means used by the Defense is legal arguments and

considerations.

a) Some legal aspects of the Trial.

The accusation in the present Trial is based on an enormous quantity of

irrefutable facts and is firmly established on the principles of law and

justice. Therefore, in the opening speeches for the Prosecution, so much

attention has already been paid to the legal justification of the

responsibility of the defendants.

In the speeches of the Defense a number of legal questions was again

raised:

a) On the importance of the principle _Nullum crimen sine lege_;

b) on the importance of the order;

c) on the responsibility of the state and individuals;

d) on the concept of conspiracy.

I therefore consider it necessary to return again to some legal

questions in order to answer the attempts of the Defense to confuse

clear and simple statements and to change the legal argumentation into a

kind of “smoke screen” in an effort to conceal from the Tribunal the

gruesome reality of the fascist crimes.

a) Principle _Nullum crimen sine lege_.

The Defense attempted to deny the accusation by proving that at the time

the defendants were perpetrating the offenses with which they were

charged, the latter had not been foreseen by existing laws, and that

therefore the defendants cannot bear criminal responsibility for them.

I could simply pass over the principle _Nullum crimen sine lege_, as the

Charter of the International Military Tribunal, which is an immutable

law and is unconditionally to be carried out, provides that this

Tribunal “shall have the power to try and punish all persons, who acting

in the interest of European Axis countries, whether as individuals or as

members of organization or group,” committed any of the crimes

enumerated in Article 6 of the Charter.

Therefore, from the legal point of view, sentence can be pronounced and

carried out without requiring that the deeds which incriminate the

defendants be foreseen by the criminal law at the time of their

perpetration. Nevertheless, there is no doubt that the deeds of the

defendants, at the time when they were being committed, were actual

criminal acts from the standpoint of the then existing criminal law.

The principles of criminal law contained in the Charter of the

International Military Tribunal are the expression of the principles

contained in a number of international, agreements, enumerated in my

opening statement of 8 February 1946 and in the criminal law of all

civilized countries. The law of all civilized countries provides

criminal responsibility for murder, torture, violence, plunder, _et

cetera_. The fact that those crimes have been initiated by the

defendants on a scale surpassing all human imagination and bear the

marks of unheard-of sadistic cruelty does not, of course, exclude but

rather increases the responsibility of the defendants. If the defendants

had committed the crimes on the territory and against the citizens of

any one country, then in accordance with the declaration of the heads of

the Governments of the U.S.S.R., of Great Britain and the United States

of America, published on 2 November 1943, and in full agreement with the

universally accepted principles of criminal law, they would be tried in

that country and according to that country’s laws.

This declaration set forth that “the German officers, soldiers, and

members of the Nazi Party who were responsible for the afore-mentioned

cruelties, murders and executions, or who voluntarily took part in them,

would be deported to the countries where those gruesome crimes had been

committed, in order to be tried and punished according to the law of

those liberated countries and free governments which would be

established there.”

Nevertheless, the defendants are war criminals “whose offenses have no

particular geographical location” (Article 1 of the Agreement of the

Four Powers of 8 August 1945) and, therefore, the International Military

Tribunal, acting in accordance with the Charter, is competent to try

their crimes. The counsel for the Defendant Hess took the liberty to

affirm that, “there can be no doubt that the Crimes against Peace, as

they are stated in Article 6, Paragraph 2a, of the Charter, do not

exist.”

There is no need here to refer to the international agreements as I have

already mentioned them in my opening statement on 8 February 1946, in

which aggressive war was declared an international crime. Therefore the

attempts of the defendants and their counsels to hide behind the

principle _Nullum crimen sine lege_ have failed. They are charged with

deeds which civilized humanity had long ago recognized as criminal.

b) Execution of an order.

Some of the defendants, in their depositions before the Tribunal,

attempted to present themselves as pitiful dwarfs, blind and obedient

executors of another’s will—the will of Hitler.

In his search for a legal basis for this assertion, counsel for the

defense, Jahrreiss, spoke at great length about the importance of

Hitler’s orders. In the opinion of the counsel Jahrreiss, an order of

Hitler’s “was something quite different” from the order of any other

leader, that a Hitler order was an act “legally immutable.” Therefore,

Professor Jahrreiss questions whether, whatever the Charter may mean by

the orders which it rejects as a factor excluding criminal

responsibility, it would, be possible to adopt the same attitude toward

an order of Hitler’s. He asks: Could such an order be looked upon as an

“order” within the meaning of the Charter?

The right to interpret law is the irrefutable right of every lawyer,

including the counsels for the Defense. Nevertheless, it is quite

incomprehensible what logical or other methods have led him to assert

that the provisions of the Charter, specially drafted for the trial of

major war criminals of fascist Germany, did not factually imply the very

conditions themselves of the activities of these criminals. What orders

then issued by whom and in what country are meant by the Charter of the

Tribunal?

On, the contrary it is indisputable that the authors of the Charter were

fully aware of the specific conditions existing in Hitlerite Germany,

were thoroughly familiar—from the material of the Kharkov and other

trials—with the attempts of the defendants to hide behind Hitler’s

orders, and it is for this very reason that they made a special proviso

to the effect that the execution of an obviously criminal order does not

exonerate one from criminal responsibility.

c) Responsibility of countries and individuals.

We think that the very authors of this attempt to conceal a large group

of ministers, Gauleiter, and military commanders behind Hitler’s back

doubted to a certain extent the efficacy of a similar defensive maneuver

since a new line of defense was introduced to support the maneuver in

question.

“If the German Reich launched an attack in spite of a

still-existent nonaggression pact”—said counsel

Jahrreiss—“then Germany committed an international offense and

must answer for it according to the principles of international

law—the Reich alone, but not the individual person...”

We cannot help noticing that the above point of view is not exactly a

brand new one: Even before the beginning of the official Defense at this

Trial, certain unofficial advocates of war criminals propagated a

version to the effect that it was the German Government and the German

nation who were to bear responsibility for the criminal aggression and

war crimes and not individual persons. When one who is subject to

international law, that is the state, violates its principles, certain

consequences of an international character are entailed, but in no case

does it entail the criminal responsibility of the state. Any action on

the part of the state in the sphere of international relations is

committed by individual persons, by officials, and by the agents of that

state. In carrying out such acts, these individuals may be guilty of the

most varied offenses in violation of either the common or the criminal

law. In the latter case, that is, when their individual criminal

responsibility is involved, they have to bear this legal responsibility

before the court, in conformity with the laws of their own country, as

well as—if such is the case—in conformity with the laws and before the

courts of a foreign state.

In the present case, not only did the Hitlerite State violate the

principles of international law, as a result of which measures were

taken against the states; but also some particular individuals, in

committing those acts, have personally committed criminal offenses for

which they bear the criminal responsibility in accordance with the

Charter before the International Military Tribunal.

d) Concerning the concept of conspiracy.

The Defense Counsel is unanimous in trying, although in different forms

and versions, to contest the charges of criminal conspiracy directed

against the defendants. Extracting from various sources one-sided and

tendentiously selected definitions of conspiracy, the Defense Counsel

have endeavored to prove that Göring, Hess, Ribbentrop, and others

cannot be considered as participants in the conspiracy. I should like to

quote here several arguments proving the lack of basis for the

statements of the Defense.

Conspiracy implies the existence of a criminal society created for and

working toward the achievement of a common criminal purpose. Such a

society undeniably existed. It stands to reason that in this case the

threads and levers uniting the members of this conspiratory criminal

society are extremely complicated, since the conspirators had seized the

government of the state.

In any criminal society and particularly in a highly complicated society

like this, individual participants commit criminal acts included in the

general plan of the conspiracy but they can practically remain unknown

to a number of the members of this society. Nevertheless, as these

crimes result from a single criminal plan, common to the entire society,

the participants who have not personally committed these separate

criminal actions and were not practically informed of them, still bear

the responsibility for them.

In this particular case the existence of the conspiracy is not precluded

by the circumstance that, for instance, Schirach could be unaware of

some of the measures of the slave trader Sauckel, or the “pogrom maker”

Streicher; neither is the existence of the conspiracy precluded by the

differences of opinion among individual participants in the conspiracy

concerning particular questions, the intrigues of Göring against

Bormann, _et cetera_. Such dissensions may occur in any gang of robbers

and thieves, but the gang does not cease to exist on this account.

In nearly every society there exists a certain hierarchy among its

members. Very often the head of a criminal gang usurps unlimited power

over the other members, even the right of life and death, but it never

occurred to any lawyer in the world to deny the existence of a criminal

society merely because its participants were not equal among themselves

and one of them had power over the others.

It is, at any rate, strange to deny the existence of the conspiracy in

the present case because of the fact that enormous personal power was

vested in the hands of the leader Hitler. In the same way the existence

of the conspiracy does not preclude but, _per contra_, implies a

definite distribution of the parts played by the participants of the

criminal group in pursuance of the common criminal aim: One directs all

the criminal activities, the other is in charge of questions of

ideological training, the third prepares the army, the fourth organizes

the war industry, the fifth carries on diplomatic preparations, _et

cetera_. Therefore, the fascist conspiracy does not cease to be a

conspiracy, but is one which presents special danger, since the entire

machinery of the government and enormous resources of men and material

are in the hands of the conspirators. In the hands of the international

criminals, in the hands of Göring, Keitel, and the other defendants

countless people became instruments of most grievous crimes. This is the

reason why specific features which distinguish the conspirators of

fascist Germany from any other gang only lend it a specially dangerous

character without changing in any way the legal nature of the

conspiracy. This completes the analysis of the legal arguments of the

Defense, which were examined in detail by my honorable colleagues. As

you have seen, Your Honors, the arguments of the Defense were found to

be inconsistent and incapable of rebutting the charges. I shall now

consider the question concerning the guilt of the individual defendants.

Göring.

In Hitlerite Germany the Defendant Göring was next in importance to

Hitler himself, he stood next in the line of succession. He assumed

enormous powers, and seized the most responsible posts. He was the

president of the Ministerial Council for Defense of the Reich, he was

the dictator of German economy—the Delegate for the Four Year Plan—and

the Commander-in-Chief of the Air Force. The main point was that he

utilized this extensive field and dedicated all his forces to the

organization and perpetration of the crimes set out in the Indictment.

As we already know, the aim of this conspiracy consisted first of all in

the conquest of Europe and then in the world supremacy of Hitlerite

Germany, regardless of any methods, however criminal and inhuman. To

realize this aim, the way had to be cleared since Hitler had already

declared in February 1933 at a conference with prominent German

industrialists that the parliamentary system must be destroyed.

Göring undertook this task. He began energetically to exterminate the

political opponents of fascism, and for this purpose carried out mass

arrests of members of political parties unfavorable to Nazism. He

organized concentration camps where he interned, without trial, all

those who disagreed with fascism. He created the Gestapo which, from the

day of its birth, established a regime of bloody terror. He demanded of

all the officials, in the camps, and of the Gestapo to stop at

nothing—and savage punishments of human beings, tortures and massacres

became under his guidance fundamental procedures. It is he, Göring, who

declared: “Every bullet fired from the pistol of a policeman is my

bullet, and if anyone calls it murder, this means that I have committed

murder ...” (From Göring’s book, _Aufbau einer Nation_, published by him

in 1934). Thus he cleared the way for fascism and paved the path for the

unhampered progress and the realization of the fascist conspiracy.

Göring was tireless in his efforts to annihilate everybody and

everything which hampered this conspiracy. And Hitler praised him for

this. For example, on 13 July 1934 he declared to the Reichstag that

Göring, “... with his iron fist smashed the attack against the National

Socialist State before this attack could become effective.”

All these terroristic activities of Göring were calculated to clear the

way for the realization of the fundamental idea of the fascist

conspiracy, that is, the conquest of Europe and, later, to achieve world

supremacy of Hitlerite Germany. The legal proceedings have established

Göring’s guilt in the planning and preparation of all aggressive wars by

Hitlerite Germany.

Numerous documents have been presented to the Tribunal, testifying to

the active part played by Göring in launching aggressive wars. I shall

remind you of Göring’s declaration in 1935 at a meeting of Air Force

officers. At that conference he declared that it was his intention “to

create an air force which shall strike the enemy an avenging blow. Even

before the attack, the enemy must feel that his cause is lost”; and this

intention, as we know, he realized by preparing for war from day to day.

At the conference of the leaders of the German air industry on 8 July

1938 Göring hinted that war was near, and that if Germany emerged

victorious from this war she would be the most powerful state in the

world, dominating the world markets, and she would become a wealthy

nation. “But one must risk, one must stake all.” Such was the slogan

which Göring coined on that occasion.

On 14 October 1938, not long before he presented demands to

Czechoslovakia, Göring declared that he had begun to carry out a

gigantic program in comparison with which all previous undertakings were

insignificant.

“In the shortest possible time, the Air Force must be increased

fivefold; the Navy must be rearmed at a much greater speed, and

the Army has to procure more speedily large numbers of weapons

of attack, especially heavy artillery and heavy tanks. This must

be accompanied by the production of war materials and

particularly explosives.”

Trial of the major war criminals before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 19 · 第 10 / 11 章