GEN. ZORYA: The sense of this conversation is interesting insofar as it

reveals the shameless bargaining which went on between Hansen and

Antonescu. The objects of this bargaining were money, war supplies, and

human lives. Antonescu, who was beginning to feel the disadvantage of

the absence of any kind of proper agreement with Germany, insisted that

all subsequent dealings, whether of a material or any other nature, be

subjected to appropriate official agreements. He demanded from Germany

the delivery of various war supplies either of a technical or, in last

analysis, of a monetary nature. And when General Hansen said that

Germany had no lei, Antonescu replied, “If you have no lei, give us at

least arms and equipment.” That is how the document describes the policy

pursued by fascist Germany for extracting the most varied resources from

her vassals.

Now, I should like to touch briefly upon certain methods of foreign

policy which the Hitlerites used in dealing with their vassals. I should

like to dwell on the policy pursued by the Hitlerite conspirators in

regard to the question of Transylvania. Holding out the question of

Transylvania as bait, the Hitlerite conspirators forced their Hungarian

and Romanian vassals to work out their own promotion.

I submit, as Document Number USSR-294, the depositions of

Ruszkiczay-Ruediger, a former Generaloberst of the Hungarian Army.

Prior to May 1941, Ruszkiczay-Ruediger held important posts in the

Hungarian Foreign Ministry. Subsequently, prior to September 1942 he

commanded an army corps, after which he became Deputy War Minister of

Hungary.

Now, I should like to read the deposition of Ruszkiczay-Ruediger,

concerning the Transylvanian question. The passages which I should like

to read into the record are on Page 3 and on the top of Page 4 of the

Russian text, which corresponds to Pages 102 and 103 of the document

book:

“The second Vienna Arbitration Treaty assumed the form of a

decision which was of little profit to Hungary. The district of

Megyes-Kissármés, where natural oil could be obtained, was

reserved for Romania. In Hungarian political and military

circles this was interpreted in such a way that in the Second

Vienna Arbitration Treaty Hitler thought himself in alliance

with Romania in the war against Soviet Russia. The fact that

Hitler considered Romania a more important ally than Hungary was

explained on the grounds that in an eventual war with the Soviet

Union, Germany would undoubtedly need Romania’s southern wing

which extends to the Black Sea.

“In an official conversation which took place towards November

1940 the Chief of the Operational Group of the Hungarian General

Staff, Colonel Laszlo, told me the following:

“‘The second Vienna Arbitration Treaty has aroused bitter envy

of Romania in Hungary, and it is up to us to obtain advantages

from Hitler.’”

I would remind you that Antonescu, in his testimony, presented to the

Tribunal earlier in the day, said, when speaking of his negotiations

with Hitler:

“In November 1941 Hitler told me that the final word had not

been spoken in the Vienna Arbitration Treaty, thereby giving me

to understand that Romania could still count upon a revision of

the decision previously adopted on the question of

Transylvania.”

However, soon after, while visiting Budapest, the Defendant Ribbentrop

expressed an entirely opposite point of view.

I shall present to the Tribunal three documents which illustrate the

attitude of Hitler, Ribbentrop, and Göring under these circumstances. I

submit in evidence Exhibit Number USSR-235 (Document Number USSR-235),

containing the minutes of one of the subsequent conversations between

Antonescu and Hitler, which took place on 3 April 1942. This document

will be found on Pages 113-116 of the document book. I shall read some

excerpts from this document, on Page 3 of the Russian translation, which

corresponds to Page 113 in the document book. I quote:

“I”—Antonescu—“reminded him”—Hitler—“that the Hungarian

statesmen did not hesitate to declare openly in Parliament and

in the press after Ribbentrop’s visit to Budapest that should

they intervene”—that is, should they send their

troops—“Transylvania is to remain Hungarian; such rumors

circulate, and they greatly demoralize the Romanians. Hitler

gave me his word of honor that such promises had not been made

and could not have been made, and that this does not correspond

to actual facts.”

In this way Hitler juggled with promises to encourage his satellites.

THE PRESIDENT: Shall we adjourn now for 10 minutes?

[_A recess was taken._]

GEN. ZORYA: The next document, which I am submitting to the Tribunal as

Exhibit Number USSR-183 (Document Number USSR-183), concerns the

Transylvanian question and the Defendant Ribbentrop. It is the record of

a conference between Antonescu and Von Dörnberg, Chief of Protocol of

the German Ministry for Foreign Affairs, which took place at the

frontier on 10 February 1942. I am asking the Tribunal to accept this

record as evidence. This document, taken from the personal archives of

Marshal Antonescu, was captured by the advancing Red Army. I do not

consider it necessary to read the entire document into the record, and I

shall merely confine myself to a few excerpts. Will you please open your

document book on Page 116, where there is a record of the conference

between Antonescu and Von Dörnberg of 10 February 1942. I quote:

“He openly introduced the subject of the Order of Charles the

First which Herr Von Ribbentrop was claiming for himself through

various German official channels in our country, as well as

through the Romanian officials accredited to the German

Government.”

I pass to the next page, Page 117 of the document book. I quote:

“I told Herr Von Dörnberg that I would not be able to grant this

award until Herr Von Ribbentrop, at the very first opportunity,

made a public declaration also to Romania, a declaration which

would bolster up the faith of the Romanian people in their

struggle for the cause of justice and for their legitimate

claims in the Europe of the future. I would, therefore, grant

him this award on condition that it be made public only after he

had made this declaration.

“Herr Von Dörnberg asked for time to reflect on the matter.

“Next day, before entering the railway coach, he asked me to

hand him the decoration, telling me that Von Ribbentrop wanted

it and requesting me not to divulge our conversation to

Ribbentrop, since he now promised to make the award public only

upon the fulfillment of my conditions. On this condition I gave

him the decoration, without the appropriate certificate.”

Thus Ribbentrop was prepared to disclaim his Budapest statement on

receipt of the Romanian order.

I have also at my disposal a record of a conference between Antonescu

and Göring. Will you kindly turn to Page 118 of the document book.

Unfortunately, this document, discovered together with other documents

in Antonescu’s personal files, previously mentioned by me, is undated.

We submit this document as found. I present it as Exhibit Number

USSR-238 (Document USSR-238), and I am reading one excerpt only. I

quote:

“During the conversation at Karinhall, Marshal Göring was very

reticent on the problem of Transylvania. On the way, in the car,

he said to the Marshal”—that is to Antonescu:

“‘After all, why do you quarrel with Hungary about Transylvania,

which is actually more German than Romanian or Hungarian.’”

We may, presumably, agree that on this occasion Göring had expressed the

viewpoint of the fascist conspirators on the problem of Transylvania

with a sufficient degree of truthfulness.

With a view to concluding the clarification of Germany’s mutual

relations with her vassal, Romania, I should like to emphasize the

subject of crude oil. In this field, Romania was one of Germany’s

principal suppliers.

Both before and during the war the Hitlerites extracted oil from Romania

by all possible means. Antonescu, by the way, refers to this in one of

his letters which has already been read into the record. I shall now

submit two documents which sufficiently prove how important this

question was to Germany, and how significant it was considered by the

Hitlerites themselves. As Exhibit Number USSR-244 (Document Number

USSR-244), I present an urgent telegram from the Defendant Keitel,

addressed to Marshal Antonescu and received by the latter on 31 October

1942. I shall not explain in detail how this document was taken from the

personal archives of Antonescu, in the same way as the previous one. I

now read this telegram into the record and would ask you to accept it as

evidence—to be found on Page 119 of the document book:

“Telegram to the German Mission for direct transmission to

Marshal Antonescu.

“Herr Marshal! In the name of the Führer I approach Your

Excellency with a request for your personal intervention in the

matter of accelerating, as far as possible, the delivery of the

maximum possible quantity of fuel to the Italian Fleet, which is

absolutely essential to the latter for the continuance of

military operations in the Mediterranean.

“The absence and lack of all means of transport for further

operations have resulted in a critical situation in North

Africa, and the transport of supplies depends entirely on the

delivery of adequate quantities of fuel.

“I beg Your Excellency to increase to the maximum degree those

deliveries of fuel to Italy, which are exclusively reserved for

supplying the fleet called upon to maintain important positions

in the Mediterranean for the purpose of the joint warfare.

“I have chosen this method of direct appeal to you because I am

sure that your personal intervention will result in the

assistance required.

“Yours in comradely esteem, signed Keitel, Field Marshal.”

Allow me now to submit the telegram which Antonescu sent in reply to

Keitel. Please turn to Page 120 of the document book, Exhibit Number

USSR-244(a), (Document Number USSR-244(a)).

THE PRESIDENT: Could you summarize the contents of this document.

GEN. ZORYA: I can summarize the contents of that telegram in two

sentences. In reply to the Defendant Keitel’s tearful appeal to increase

to the maximum degree the fuel supplies, Antonescu replied, in a wire

addressed to Keitel, that he would meet his engagements in full, but

that the supplies previously requested by the German officials had

already been delivered and that it was impossible to send any more. If

something could eventually be saved from the quantities used inside

Romania then perhaps, somehow or other, Romania might be able to help

her allies. On the whole, Antonescu begged General Keitel to accept his

expressions of regard and high esteem, but would not give him any more

oil.

Allow me to remind you, Your Honors, that in October and November 1942

Rommel’s fate was being decided in North Africa, and that at the same

time the Red Army was barring Germany’s advance on the Grozny and Baku

oil fields on the borders of Mozdok. It is obvious that the Germans

lacked sufficient quantities of crude oil.

I shall read one extract from the minutes of a conversation which took

place on 12 February 1942, between Antonescu and the Defendant

Ribbentrop, which has not, as yet, been read into the record. I have

previously submitted to the Tribunal the record of this conversation as

Exhibit Number USSR-233. I ask you to turn to the end of Page 51 and to

Page 52 of the document book, which corresponds to Page 4 of the Russian

text. There you will find the following lines. In reply to Ribbentrop’s

question on the subject of crude oil, Antonescu stated:

“As for crude oil, Romania has contributed the maximum which it

was in her power to contribute; she can give no more. The only

way out of the situation would be to seize territories rich in

oil.”

We should note here that Antonescu was not at all original in his idea

of seizing other people’s territories, rich in oil.

I am asking Your Honors to refer to Pages 121-129 of the document book.

There is one document taken from the private office of the Defendant

Rosenberg, which is entitled, “About the Organization of the Caucasus.”

I submit this document to the Tribunal as Exhibit Number USSR-58

(Document Number USSR-58), and I would ask you to accept it as evidence.

In July 1941 the Defendant Rosenberg formulated the German opinion on

this question—Page 122 of the document book as follows:

“Germany is interested in creating a stable position in the

entire Caucasus in order to secure the safety of continental

Europe, that is, to safeguard for herself the link with the Near

East. It is only this link with the oil fields that can make

Germany and the rest of Europe independent, in the future, of

any coalition of maritime powers. The aim of German policy is to

control the Caucasus and the adjoining lands to the south, both

politically and militarily.”

Will you please turn to Page 124 of the document book as well as to Page

4 of the Russian text of the document from which I am quoting. The same

idea is formulated there by the Defendant Rosenberg with extreme

clarity. I quote, “Economically, the German Reich must take all oil into

its hands.”

Your Honors, I shall not dwell in detail on the relations between the

fascist conspirators and their other satellite, Finland, inasmuch as the

witness, Buschenhagen, offered sufficiently conclusive evidence on this

question; and the Tribunal has probably already got some definite ideas

on the subject. I just want to remind the Tribunal that according to

Paragraph 3, Section 2, of Plan Barbarossa, Finland was to cover the

advance of the German landing of Group North, consisting of units of the

21st Group, which was due to arrive from Norway, and then to operate

jointly with that group. According to Plan Barbarossa, the liquidation

of the Russian forces at Hangö was also assigned to Finland.

I would also like to remind the Tribunal that Section 2 of the temporary

Plan Barbarossa, which has been presented to the Tribunal by the

American Prosecution as Document Number C-39, mentions Finland’s

participation in the war; as I have already reported to the Tribunal,

the following sentence is to be found in this section, which corresponds

to Page 52 of the document book. “The preliminary negotiations with the

Finnish General Staff have been under way since 25 May.”

I should also like to invite your attention to the following paragraph

of the same document, Page 58 of the document book:

“Provision has been made for transportation from the Reich to

Norway of one security division and 18 artillery battalions, and

for transportation to Finland of one reinforced infantry

division complete with army corps units. Of the units, one

infantry division, two mountain divisions and the SS Group North

are designated for Case Silver Fox.

“It has been planned, on the outbreak of military operations, to

bring by rail, through Sweden, a further division for the attack

on Hangö.”

I consider that I am now justified in stating that the date of 25 May

1941, indicated in the temporary Plan Barbarossa as the date on which

the negotiations with the Finnish General Staff were opened, was

incorrect. The indication of this date, which did not correspond to

reality, was an attempt to disguise the preparations for aggression,

presenting them to the outside world as preparations for a so-called

preventive war.

In addition to the testimony of the witness, Buschenhagen, already given

to the Tribunal, I shall now present, as Exhibit Number USSR-229

(Document Number USSR-229), the depositions of a former colonel of the

German Army, Kitchmann, which I beg you to accept as evidence.

Kitchmann held the office of military attaché in the German Embassy at

Helsinki since 1 October 1941. You will find this testimony on Page 130

of the document book. I shall read a very short extract therefrom into

the record:

“A long time before 22 June 1941, the German Government and the

High Command of the German Armed Forces jointly carried out

secret negotiations with the Finnish Government and the General

Staff of the Finnish Army and prepared the attack on the Soviet

Union. I learned about the preparation for the attack on the

Soviet Union by the German and Finnish Armies under the

following circumstances: On my arrival at Helsinki in October

1941, as acting German military attaché, I had numerous

conversations with Major Von Albedill, the aide of the German

military attaché who formerly served in the Military Attaché’s

Department in the OKH, General Staff of the Army.

“Albedill acquainted me with the situation in Finland and its

military and political background, since Major General Rössing,

the military attaché, was seriously ill and receiving treatment

at the health resort of Merano in the Tyrol. In the course of

these conversations Albedill told me that already in September

1940, Major General Rössing, acting on an order of Hitler and of

the German General Staff, had organized the visit of Major

General Taloela, Plenipotentiary of Marshal Mannerheim, to the

Führer’s headquarters in Berlin. During this visit an agreement

was reached between the German and Finnish General Staffs for

joint preparations for the attack and for warfare against the

Soviet Union.

“In this connection General Taloela told me, during a conference

at his staff headquarters in Aunus in November 1941, that he,

acting on Marshal Mannerheim’s personal orders, had—as far back

as September 1940—been one of the first to contact the German

High Command with a view to joint preparation for a German and

Finnish attack on the Soviet Union.”

I ask your permission to conclude herewith the presentation of the

documents concerning the relations between fascist Germany and her

satellite, Finland, since—I repeat—Buschenhagen’s testimony has

relieved me of this necessity.

I should like to make one brief résumé:

Buschenhagen’s testimony disposes of all attempts to assert that the war

waged by Finland was a separate war and was disassociated from the war

aims of fascist Germany. Finland’s entry into the war had been envisaged

in the war plans of the fascist conspirators and corresponded to the

aggressive intentions of the Finnish rulers. The Finns, like the other

satellites of Germany, waged war in the hope of gaining whole regions

and republics of the Soviet Union.

At the conference of 16 July 1941 Hitler spoke of the Finnish claims to

Eastern Karelia, the Leningrad region, and the city of Leningrad. In

proof of this fact I refer to Document Number L-221 presented by the

United States Prosecution. The extracts quoted from this document will

be found on the corresponding page of the document book, Page 141.

Romania and Finland were two German satellites discussed in full detail

in Plan Barbarossa. The part these countries played in the plans of

German fascism was determined not only by the desire to utilize their

war potential—which without doubt was of some importance—but also by

their geographical position as operational bases on the flanks of the

Soviet Union.

The documents presented to the Tribunal bear witness to the fact that

the inclusion of these countries in the preparation for attack against

the U.S.S.R. had been carefully plotted by the fascist conspirators, in

the same way as were all the preparations connected with Plan

Barbarossa.

The third satellite of Germany, Hungary, is not mentioned at all in Plan

Barbarossa. However, this certainly cannot be taken to mean that the

participation of Hungary in the aggression against the Soviet Union had

not been planned by the fascist conspirators.

I ask permission to refer to the testimony of Paulus—although he has

already testified before the Tribunal—which formulates very

clearly. . . .

THE PRESIDENT: You aren’t going to give us Paulus’ affidavit over again,

are you? We have already had Paulus’ evidence in full.

GEN. ZORYA: Yes, I have already mentioned that this is on Page 182. It

is the record of the interrogation of Paulus by General Rudenko. A copy

of this record may be produced before the Tribunal now and, furthermore,

it is on Page 143 of the document book.

THE PRESIDENT: We have got his actual oral evidence; we don’t want his

interrogation.

GEN. ZORYA: But I really need one particular paragraph of his testimony

in order to show the connection between the subsequent documents

relating to Hungary and the contents of my statement. It is just a few

lines.

THE PRESIDENT: It must surely be cumulative, is it not?

GEN. ZORYA: That which was presented to the Tribunal, I could express in

my own words, in two sentences.

THE PRESIDENT: Is it in any way different from what Paulus has already

said?

GEN. ZORYA: Yes. Do forgive me! I have just been told that Colonel

Pokrovsky has already read that extract into the record. I shall

therefore merely give a very brief summary of the extract and then pass

on to a further subject and shall not repeat myself.

I have in mind, on the one hand, those paragraphs of Paulus’ affidavit

which state that the leading factor of Hungary’s policy was the full

recognition of Germany’s leading rule and that it was determined by two

basic factors, that is, the aspiration to territorial conquests with the

help of Germany and the fear of the growing power of Romania as

Germany’s ally; and, on the other hand, I have in mind that passage

where Paulus states that Hitler was far more prudent in disclosing his

plans to Hungary than to the other satellites, because he considered the

Hungarians as garrulous. It is true that Paulus immediately adds, on

Page 2 of his affidavit, that:

“The essential reason was Hitler’s unwillingness to give Hungary

a chance of seizing the oil fields in the Russian oil district

of Dragovitch.”

Following the opening of the offensive against the Soviet Union, the

Supreme Command of the Army, the OKH, issued an order to the 17th Army

to seize Dragovitch prior to the arrival of the Hungarians.

Further, Paulus describes the circumstances of his negotiations with the

Hungarians regarding armament supplies. This—all this—has already been

mentioned by Colonel Pokrovsky. I wish only to refer to the fact that

this testimony of Paulus’ has undoubtedly lifted a corner of the veil of

mystery shrouding the mutual relations between the German and Hungarian

aggressors.

In this connection, I consider it imperative to return to the

depositions by Ruszkiczay-Ruediger which are already at the disposal of

the Tribunal. This document has been presented as Exhibit Number

USSR-294.

Touching on the occupation by Hungary of the Transcarpathian Ukraine in

1939, Ruszkiczay-Ruediger testified—see Page 2, Paragraph 3 of the

Russian text of the depositions which can be found on Page 101 of the

document book. I quote the following—the quotation is underlined:

“This took place not long before the outbreak of the

German-Polish war. It then appeared as if economic advantages

and a new liberation from the Trianon Treaty were, for Hungary,

the primary objectives.

“But from the time when the region of the Transcarpathian

Ukraine acquired a common boundary with Soviet Russia, we began

to attach a perfectly different significance to this region by

military preparations concerning this area. It was clear to us,

the high-ranking officers, that the political leadership both of

Germany and Hungary also considered this region strategically

important for future military operations against Soviet Russia.”

On Page 9, Paragraph 2 from the bottom, Ruszkiczay-Ruediger tells us of

a conference which took place at the end of March 1941, in the course of

which the Hungarian Minister of War, Bartha, outlined the objectives of

the war with Yugoslavia. Among these objectives Bartha pointed directly

to the necessity of eliminating Yugoslavia as a possible ally of the

Soviet Union.

However, a more complete picture of Germano-Hungarian relations, which

were determined by the preparation of an attack against the Soviet

Union, is contained in the statement by the Hungarian Major General,

Esteban Ujszaszy. From 1 May 1939 to 1 July 1942, Ujszaszy was Chief of

the Intelligence and Counterintelligence Services of the Hungarian

General Staff. In his official capacity during these years, he had

inside information on the secrets which shrouded this preparation. Some

of the things which he knew, he communicated to us in the document which

I submit to the Tribunal as Exhibit Number USSR-155 (Document Number

USSR-155). I ask you to accept this document as evidence.

I will read into the record that part of Ujszaszy’s statement which may

clarify the question at issue. Beginning from Page 2 of the Russian

text—this corresponds to Page 149 of the document book—we find Section

2 entitled, “Preparation of Germany and Hungary for War against Soviet

Russia.” Paragraph 1 of this section is devoted to “Halder’s letters.” I

quote:

“In November 1940 the German military attaché in Budapest,

Colonel Günther Krappe of the German General Staff, was received

in audience by the Chief of the Royal Hungarian General Staff,

Henry Werth. Krappe brought a letter from the Chief of the

General Staff of the German Army, Generaloberst Halder.

“In that letter Halder informed Werth that in the spring of

1941, ‘Yugoslavia would have to be compelled, if necessary by

force of arms, to adopt a definite position in order to exclude,

at a later date, the menace of a Russian attack from the rear.

In this preventive war, possibly against Yugoslavia and

definitely against Soviet Russia, Hungary would have to

participate if only in her own interests.’”

Werth replied that he agreed with Halder’s concept but drew attention to

the lack of equipment in the Hungarian Army, which, at that time, was

not ready for war against Soviet Russia. His request, on the whole, was

for the completion, by Germany, of Hungary’s armaments. He was informed

of Halder’s letter and Werth’s reply thereto, by General Werth in

person. After that a Hungarian armament commission was invited to

Berlin. It consisted of officer-specialists from the Main Ordinance

Supply Division of the Royal Hungarian Ministry of Defense, and in

December 1940 the commission left for Berlin. The Hungarian requests

were as follows. . . .

THE PRESIDENT: General, couldn’t you pass on to December 1940, where

Field Marshal Keitel invites the Hungarian Minister of Defense to come

to Berlin. It is just a few sentences down.

GEN. ZORYA: Yes, I am passing on to this paragraph:

“In December 1940, the Chief of the Supreme Command of the Armed

forces (OKW), Field Marshal Wilhelm Keitel, invited the

Hungarian Minister of Home Defense, General Carl Bartha, to come

to Berlin in order to: a) discuss personally the problem of

armaments; b) elaborate a plan of military and political

collaboration between Germany and Hungary for the spring of

1941.

“This invitation was transmitted to Budapest through the Royal

Hungarian Military Attaché in Berlin, Colonel in the General

Staff Alexander Homlok. At the same time, I received a similar

invitation from Admiral Canaris, Chief of the Foreign and

Defense Sections of the OKW.”

I omit a long list given by Ujszaszy of persons who accompanied Bartha

on his trip, and I read further from Page 151 of the document book:

“The information which we received follows:

“In the spring of 1941 the position of Yugoslavia will be

clarified, the menace of a Russian Soviet attack in the rear

eliminated. . . . For this purpose the Hungarian Honved Army,

reinforced by the delivery of 10-centimeter field howitzers and

with up-to-date tanks for a ‘Mobile Brigade’ will be ready for

action. For the war against Russia, Hungary must make available

15 operational units (including 3 mobilized, cavalry, and Panzer

units); she must also complete, by 1 June 1941, the erection of

fortifications in Transcarpathian Russia, assist the advance of

the German troops in the area adjacent to the Hungarian-Yugoslav

and the Hungarian-Soviet frontiers and facilitate the deployment

and the passage of supplies for the troops through Hungary. The

details for the operational preparation will be determined later

by representatives of the German General Staff about to be sent

to Hungary. As a political compensation for her participation,

Hungary will receive territory in Yugoslavia and in Soviet

Russia (the ancient Principality of Halicz) and the land at the

foot of the Carpathian Mountains, up to the River Dniester.”

In March 1941 Eberhard Kienzl, a colonel of the German General Staff,

visited Budapest. The purpose of this visit was to make final

arrangements about the question of attack on Yugoslavia.

This is what Ujszaszy has to say on the matter—Page 5 of the Russian

text, Paragraph 3, from the bottom of Page 152 of the document book:

“The Colonel of the German General Staff, Eberhard Kienzl,

detachment Foreign Armies East in the OKH (High Command of the

Army), arrived in Budapest in March 1941 bringing with him a

letter from Generaloberst Halder to Generaloberst Werth. This

letter contained an insistent request on the part of Germany

that Hungary should participate in the possible war against

Yugoslavia by mobilizing the following army corps: I. Budapest,

II. Szekesfeherwar, III. Szombathely, IV. Pecs, V. Szeged, and

in the war against Soviet Russia by mobilizing 15 operational

units, including 1 cavalry division, 2 mechanized brigades, and

1 mountain (rifle) brigade.

“The letter announced the imminent arrival in Budapest of a

German delegation, headed by Lieutenant General Paulus, for

discussing combined operations and the deployment of German

troops against Yugoslavia through Hungarian territory.

“In reply to this letter General Werth issued an invitation to

the German commission, held out prospects of Hungary’s

participation in the war against Yugoslavia and of producing,

for this purpose, 3 army corps, that is, the 1st, 4th, and 5th.

“Concerning the war against Soviet Russia, he agreed in

principle, promising at least to mobilize the 8th Army Corps

(Kressikosice) as well as the mechanized operation units

demanded by Halder.

“I was informed personally about this exchange of correspondence

by Colonel of the German General Staff, Kienzl.”

THE PRESIDENT: General, speaking for myself, I cannot see that it makes

the slightest difference to this Tribunal whether Hungary was going to

put one army corps, or two army corps, or three army corps against the

Russians. It was absolutely clear from what you have already read, if we

are to believe it, that Field Marshal Keitel, in December 1940, was

demanding that Hungary should put at Germany’s disposal, for the war

against Russia, certain units. What does it matter if subsequent

negotiations alter the number of units?

It seems to me that this evidence which is given is entirely cumulative.

It doesn’t add anything in the least to what you have already given us,

and you could go on to the next document, which is Number USSR-150

(Exhibit Number USSR-150). Everything up to there is simply the

negotiations between members of the German and Hungarian General Staffs

as to exactly what units of the Hungarian Army were to be used.

GEN. ZORYA: I quite agree with the President that the presentation of

the documents on this question should be restricted.

THE PRESIDENT: The next one is 150?

GEN. ZORYA: The Ujszaszy document contains certain information

pertaining not only to the number of units pledged by Hungary to Germany

in case of war with the Soviet Union; but there is, for example, an

indication as to what methods in the preparation for war were being used

by the fascist clique in Hungary, in agreement with the Hitlerite

conspirators. I consider it imperative to dwell on these methods, and

that is why I request your permission to quote certain passages in this

document.

What I now have in mind, for instance, is the falsification of the

information regarding the number of Soviet units concentrated on the

Hungarian-Russian border.

THE PRESIDENT: Please, go on.

GEN. ZORYA: Page 155 of the document book reads as follows:

“My immediate superior, General Laszlo, as chief of the

operational group ordered the second section of the General

Staff to prepare a situation report according to which 14 Soviet

Russian operational units were concentrated on the Hungarian

border, including 8 motorized units. This situation report was

prepared by Colonel Cornel Hidai, of Intelligence.

“I should like to point out that according to subsequent

explanations supplied by the second section of the Royal

Hungarian General Staff, there were only four Soviet operational

units actually concentrated on the Hungarian border. This

circumstance I truthfully reported to Generaloberst Werth and

General Laszlo, but the latter altered my truthful, objective

report in accordance with his wishes.”

Further, Ujszaszy speaks of plans for provocation drawn up by the

militarist clique in Hungary for the purpose of creating incidents

abroad to justify an attack on the Soviet Union. Ujszaszy states—Page

10, Line 4 from the top of the document, Page 157 of the document book:

“These plans emanated from Lieutenant General Fütterer, from his

assistant Lieutenant Colonel Frimond, and from General Laszlo.

They proposed that, if necessary, German aircraft, camouflaged

as Russian planes, should bomb the eastern border districts of

Hungary, with bombs of Soviet Russian origin.”

And finally, Ujszaszy describes the events of the few days preceding the

attack on the Soviet Union—this is Page 11 of the document, Page 158 of

the document book:

“On 24 June 1941 (if I remember correctly), at 12:30 noon, I was

informed that Soviet Russian planes were bombing Raho in

Carpathian Russia and firing on trains in the vicinity with

machine gun fire. On the same afternoon news reached us that

Soviet Russian planes were bombing Kassá (Košice). The Crown

Council, with the Regent in the chair, met on the same evening

and, on the strength of Soviet Russia’s provocation, decided to

declare war on that country. I am convinced that the bombarding

was carried out by German planes with Russian markings. My

conclusion was based on the following facts:

“a) Lieutenant General Fütterer and the German propaganda

machine publicized this bombing on a very vast scale.

“b) Lieutenant General Laszlo immediately gave me orders,

through the Propaganda Subsection of Section 2 of the Royal

Hungarian General Staff, to obtain photographs of such fragments

of the ‘Soviet Russian bombs’ as could still be found and to

publish these photographs in the press of the fascist countries.

“c) Lieutenant General Fütterer, General Laszlo, and Lieutenant

General Frimond spread, by a whispering campaign, the rumor that

Slovakian pilots in Russian service had bombed Kassá (Košice).

The excellence of the hits was explained by the fact that these

pilots were well acquainted with the terrain.”

This happened, according to Ujszaszy, on 24 June 1941, at 12:30 p.m. We

have a document that establishes the fact that long before this date the

participation of Hungary in the war against the Soviet Union had been

decided. The document presented to the Tribunal and which contains the

depositions of Ruszkiczay-Ruediger explains the reasons for the

Hungarian assault on the Soviet Union. It may be that

Ruszkiczay-Ruediger’s viewpoint is not shared by everybody, but still,

as it is the testimony of the Hungarian Deputy Minister of War, this

statement can, of course, not be devoid of interest.

On Page 10 of the Russian text of his testimony, Ruszkiczay-Ruediger

states that towards the end of May 1941 he received an order to supply,

first of all, the troops concentrated in the Transcarpathian Ukraine; 2

days afterwards a secret meeting of the army corps commanders took place

at the headquarters of General Werth, Chief of the General Staff, at

which the forthcoming attack on the Soviet Union was announced.

I quote from the testimony of Ruszkiczay-Ruediger—Page 108 of the

document book and Page 9 of the document itself. I am only quoting the

passages underlined, in order to save time. I quote:

“. . . General of the Infantry Werth gave us an account of the

military and political situation.

“It appears that an attack against the Soviet Union by Germany

is forthcoming, in which Romania and Hungary will take an active

part on the side of Germany.”

Ruszkiczay-Ruediger further points out that:

“The decision to declare war was taken by the Council of

Ministers, after Premier Bardossy and Minister Bartha had made

their reports, and was ratified by the Crown Council. The

question was not submitted to Parliament. “These decisions of

the Council of Ministers and the Crown Council caused no

surprise at all, and were the result of the voluntary military

collaboration with Germany which had actually existed for many

years past.

“The Hungarian General Staff and the political leaders of

Hungary as from the beginning of the aggression against

Czechoslovakia, considered Germany as their mainstay in their

plans of revision. Afterwards followed the occupation of

Transcarpathian Ukraine and the strategic organization of this

region as a military base in preparation for an attack on Soviet

Russia.”

Ujszaszy, in his report, mentioned the German military attaché in

Budapest, Krappe. The former Lieutenant General of the German Army,

Günther Krappe, was the German military attaché in Budapest from

November 1939 to 30 April 1941. After that, Krappe commanded the 10th

Corps of SS troops of the Army Group “Vistula,” and was captured by Red

Army units.

I request the Tribunal to accept in evidence a statement made by Krappe

in January of this year and presented as Exhibit Number USSR-150

(Document Number USSR-150). It should be noted that the main

circumstances mentioned in Krappe’s statement coincide with those on

Ujszaszy’s report. I shall therefore read only a few excerpts from Page

4 of Krappe’s document, corresponding to Page 165 of the document book:

“In October 1940 I was ordered by the OKH to report on the

conditions of fortifications in the region bordering Russia,

that is, in the Carpathian Ukraine. The Chief of the Operations

Section, Colonel Laszlo, informed me that, so far, there were

only simple antitank obstacles in existence, varying in depth

from 1 to 2 kilometers and that the construction of barracks for

quartering troops had just begun. The necessary surveys for

building concrete pillboxes along the border and the highways

would be made during the winter and in the spring of 1941 it

would be possible to proceed with the actual construction. It

appeared to be a question of raising some 6 million pengö.

“General Werth gave me permission to make an automobile trip

through Munkac to Urzok Pass. . . .

“I communicated the results of the inspection trip and of the

information obtained from Colonel Laszlo to Berlin. Some time

later Colonel Laszlo informed me that the necessary sums for the

building of these fortifications had already been allotted.”

In order to save time, Your Honors, I shall briefly expose the remaining

part of Krappe’s testimony. An agreement was reached with the War

Minister, Von Bartha, to organize war communications and war transports

of the German Army in Hungary. In connection with this a special

organization therefore arrived which was entrusted with these

transports. At the same time, Your Honors, permission was received to

establish jointly with the postal services, a special communication

system for military needs, and, furthermore, a number of German officers

were attached to the Hungarian Army for the interchange of experiences

and instruction of the troops. Krappe states that as from December 1940,

Hungarian industry was reorganized and worked for the increase of the

German military potential. General Leeb, the Chief of the Armament

Department, was in charge.

In concluding the presentation of documents concerning the setting up of

an aggressive bloc against the Soviet Union by the fascist war

criminals, I consider it necessary to make a few comments of a general

nature as derived from these documents.

The fascist conspirators began to adopt immediate measures for securing

the participation of Romania, Finland, and Hungary in the preparation

for the predatory attack on the Soviet Union at least as early as

September 1940, when a military mission was sent to Romania.

The negotiations concerning the military preparations for aggression

against the Soviet Union, in each of these countries, were mainly

concluded during the period September-December 1940. The negotiations

were conducted by the general staffs of the German and the satellite

armies. The subject of the negotiations in each case was of a purely

military character, such as the retraining of the troops, the

transportation of military units, the coordination of strategic plans,

the deciding on the number of divisions needed to attack the Soviet

Union, _et cetera_.

Such character of negotiations testifies to the fact that there existed

between the fascist Government of Germany and the Governments of

Romania, Finland, and Hungary, a preliminary agreement with regard to

aggression against the Soviet Union even before the negotiations began.

And, finally, the documents submitted reveal that to each of these

countries, one way or the other, the fascist conspirators had promised

some territory belonging to the Soviet Union.

I should like to point out one more circumstance.

In order fully to grasp the consequences of the predatory fascist attack

on the Union of the Soviet Socialist Republics, it is not enough to

confine ourselves to Plan Barbarossa. This is a strategic plan, a plan

for military attack, a plan for the beginning of aggression.

And close on the heels of the attack followed, as it is well known, the

so-called “assimilation” and “organization” of the occupied territories.

The plans for the “assimilation” and “organization,” which were plans

for the extermination of the peaceful civilian population and the

plundering of the occupied territories of the Soviet Union, were also

prepared in advance, in the same way as Plan Barbarossa.

The Soviet Prosecution declares that the documents at the disposal of

the Tribunal, and especially such documents as the directive of 13 March

1941 (Document Number 447-PS), signed by the Defendant Keitel; the order

for the application of military jurisdiction, dated 15 May 1941

(Document Number C-50), also signed by Keitel; the propaganda directive

for Plan Barbarossa (Document Number C-26); and others, testify to the

destruction not only of legal but of all moral standards of behavior by

the hordes of the fascist usurpers on the temporarily occupied Soviet

territories, this destruction having been premeditated and planned long

before the attack on the Soviet Union.

Even before the attack on the Soviet Union, the Hitlerites had decided

and outlined in appropriate paragraphs of these instructions,

directions, and orders, the terroristic methods for dealing with the

civilian population and the measures and means for plundering the land

of the Soviet Union and reducing it to a colony of the Third Reich. And

when war did break out and the whole secret was laid bare, the fascists

did not hesitate to publish all these plans in their press.

I submit to the Tribunal as Exhibit Number USSR-59 (Document Number

USSR-59), an article, published on 20 August 1942, in _Das Schwarze

Korps_, an SS paper and organ of the Reich Führer of the SS. This

article, entitled, “Should We Germanize?”—Page 180 of the document

book—states openly:

“The Reich Führer of the SS chose the following slogan for one

of the editions of the newspaper _Deutsche Arbeit_, devoted to

the problems of resettlement in the East:

“Our duty in the East is not Germanization in the former sense

of the term, that is, imposing the German language and the

German laws upon the population, but to ensure that only people

of pure German blood should inhabit the East.”

This negation of Germanization is not new. However, falling from the

lips of the Reich Führer of the SS, acting as Reich Commissioner for the

strengthening of the Volkstum, it becomes an order. Such is the exact

meaning of these words.

The rejection of the idea of germanizing the population of the occupied

territories, and the assertion that the East should be inhabited only by

people of pure German blood, signified, in practice, the mass

extermination of Soviet citizens, their spoliation and their deportation

to slave labor, the annihilation of centuries of Russian culture, and

the destruction of our cities and villages. I shall confine myself to

what I have just said, as the same theme, or rather themes, have already

been elaborated and will be presented to the Tribunal by my colleagues.

On 22 June 1941, after prolonged preparations, the German fascist hordes

hurled themselves on the Soviet Union. One hundred and seventy

divisions, concentrated on the borders of the Soviet Union from the

Arctic Ocean to the Black Sea, started the invasion.

The military problems connected with the attack were formulated in Plan

Barbarossa:

“The German Army should be ready, even prior to the end of the

war with England, to defeat Soviet Russia by operating with

lightning speed.

“To this end the Army will have to utilize all units at its

disposal, with the sole reservation that the territories

occupied must be adequately protected against all unexpected

eventualities.”

Plan Barbarossa foresaw the necessity of annihilating the Red Army, of

cutting off the possible retreat towards the interior of all Red Army

units still fit for battle and of permitting the German fascist invaders

speedily to reach a line of combat which would place the land of Germany

beyond the range of the Soviet Air Force.

As an ultimate aim, Plan Barbarossa provided for the strengthening of

the Astrakhan-Archangel line, the destruction by bombardment of the Ural

industries, the seizure of Leningrad and Kronstadt, and finally, the

capture of Moscow.

THE PRESIDENT: Would that be a good time to break off?

[_The Tribunal adjourned until 13 February 1946 at 1000 hours._]

FIFTY-EIGHTH DAY

Wednesday, 13 February 1946

_Morning Session_

THE PRESIDENT: Please continue.

GEN. ZORYA: Your Honors, yesterday afternoon I dwelt on the fact that

Plan Barbarossa had foreseen the necessity of annihilating the Red Army,

of excluding the possibility of a retreat into the interior of such Red

Army units as were still capable of fighting, and of obtaining, by rapid

action, a combat line for the German-fascist invaders which would place

the regions of Germany beyond the range of the Soviet Air Force. The

final aim, according to Plan Barbarossa, was fortification of the

Astrakhan-Archangel Line, the destruction from the air of the Ural

industries, the seizure of Leningrad and Kronstadt and, as a decisive

finale, the capture of Moscow.

The political aims which determined the military plans were formulated

by the Hitlerites in the many documents which were read into the record

in this courtroom. But these aims were stated particularly clearly at

the meeting in Hitler’s headquarters on 16 July 1941. This document was

presented by the United States Prosecution as Document Number L-221. You

will find it on Page 141 of the document book. At this meeting Hitler,

Göring, Rosenberg, Keitel, and other fascist conspirators were deciding,

as they thought, the subsequent fortunes of the Soviet Union.

The Crimea, together with the adjoining regions of the Ukraine, the

Baltic regions, the Bialystok Forests and the Kola Peninsula, were

declared as “annexed” to Germany. The Volga colonies were also to become

a part of the Reich. The Baku area was envisaged as a German military

colony. Bessarabia and Odessa were to be handed over to Romania, while

Finland was to acquire Eastern Karelia, Leningrad, and the Leningrad

region.

As you well know, Your Honors, the Hitlerites always strove to prevent

their real piratical aims from receiving publicity. At the same meeting

at general headquarters, on 16 July 1941, Hitler, for instance, said

that it was most important not to reveal their aims to the whole world,

not to complicate their path by unnecessary declarations, and, when

offering reasons for their actions, to ascribe them primarily to

tactical intentions.

The Defendant Rosenberg stated, 20 June 1941, at a conference on the

Eastern question—a record of which was presented by the United States

Prosecution as Document Number 1058-PS—that tactics were very important

and that political aims would be determined as the occasion arose, when

one slogan or another could be given publicity. This particular excerpt

from Rosenberg’s declaration you will find on Page 17 of the Russian

text of the document, which corresponds to Page 201 in the document

book.

Taking this circumstance into consideration, Your Honors, it appears of

value for our investigation to refer to some statements by the fascist

war criminals which refer to the period when they considered it possible

to make public some of their political aims. In 1941-42 the fascist

hordes broke through territories of the Soviet Union on an extensive

scale and approached Moscow. Battles were waged on the banks of the

Volga. The specter of a “Greater Germany” ruling the world appeared as a

beacon before the eyes of the Hitlerite conspirators. It would appear

that the opportunity had arrived about which Defendant Rosenberg spoke

when, from the standpoint of the fascist criminals, it was possible that

“certain political slogans could be made public.”

I presented to the Tribunal, under Exhibit Number USSR-58 (Document

Number USSR-58), a document from the archives of the Defendant

Rosenberg’s office relating to questions of German policy in the

occupied regions of the Caucasus. Once again I ask you to refer to this

document. I turn to Page 203 in the document book and Page 9 of the

Russian text, which is the translation of this document.

Rosenberg, on 27 July 1942, solved the Eastern problem in this fashion,

and I quote:

“The Eastern problem consists in bringing the Baltic peoples

under the influence of German culture and in preparing widely

conceived military frontiers for Germany. The Ukrainian problem

consists in securing food supplies for Germany and Europe and

supplies of raw materials for the Continent.

“The problem of the Caucasus is primarily a political task, and

its solution means the expansion of continental Europe, under

German leadership, from the Caucasian isthmus to the Near East.”

On 27 November 1941 the Defendant Ribbentrop made a report on the

international situation. The text of this report was published in Number

329-A of the _Hamburger Fremdenblatt_. I present this report as Exhibit

Number USSR-347 (Document Number USSR-347).

Ribbentrop said in this report:

“I should like to summarize the consequences of this defeat of

Soviet Russia and of the occupation of the far greater part of

European Russia in 1941, as follows:

“First, from a military point of view, England’s last ally on

the Continent has thereby ceased to exist as a significant

factor. Germany and Italy, with their allies, thus become

unassailable in Europe. And powerful forces will be released.

“Second, in the economic field the Axis powers, together with

their friends, which means the whole of Europe, have achieved

independence from countries overseas. Europe has once and for

all been freed from the threat of blockade. The grain and raw

materials of European Russia can fully cover the needs of

Europe. Its war production will serve Germany’s war economy and

that of her allies, as a result of which Europe’s war potential

will increase, and increase more powerfully. The organization of

this gigantic area is already in full swing.

“Thus, the last two decisive prerequisites for the victory of

the Axis and its allies over England have been created.”

I shall take the liberty of presenting another document on this same

subject. It is Goebbels’ speech in Munich, published on 19 October 1942

in the main organ of the Nazi Party, the _Völkischer Beobachter_, South

German edition. The text of this speech is presented to the Military

Tribunal as Exhibit Number USSR-250 (Document Number USSR-250). That is

on Page 205 in the document book. In his address Goebbels said:

“Over and above that, we have captured the most important grain,

coal, and iron ore producing regions of the Soviet Union. What

the enemy has lost we now possess. And since what the enemy

lacks has come to us, it is, according to Adam Riese, of double

value. While in the past we were a people without space, this is

today no longer the case. Today we have only to give a shape to

this space conquered by our soldiers, to organize it, and render

it useful to us; and this requires a certain period of time. But

if the English were to contend that we have lost the war because

we have lost time, then this contention will only prove how

completely they have misunderstood the entire situation. Time

only works against those who have no space and no raw materials.

If we make use of our time to organize the space we have

conquered, then time will work not against us, but for us.”

Your Honors, that which Goebbels, the Defendants Ribbentrop, and

Rosenberg said about exploiting the space captured by the soldiers, took

on, at the OKW, the shape of plans for further aggression.

In this respect the following document—which I now submit to the

Tribunal as Exhibit Number USSR-336 (Document Number USSR-336)—is of

interest and I ask you to accept this as evidence. This document is a

letter from the Staff of the German Navy to the commanding generals of

Groups West, North, and South. This document was discovered in German

archives by the Allied troops. The letter, which you will find on Page

209 in the document book, is entitled, “Objectives for the Further

Conduct of War upon the Termination of the Campaign in the East.” It is

numbered 1385/41 and is dated 8 August 1941.

In those days the fascist conspirators considered that victory over the

Soviet Union was really only a question of time; and they, therefore,

planned for further aggression. This letter which I am about to quote

begins with the following words:

“The Naval Operations Staff has just received the draft about

further intentions on termination of the campaign in the East.

“The following declarations describe these intentions in broad

lines and are only intended for the personal information of the

commanding generals and the Chiefs of Staff.”

There follows Part 2, Paragraph P, the eight subparagraphs of which

detail the plans to be carried out on the termination of the campaign in

the East.

I omit, Your Honors, the first two subparagraphs dealing with the tasks

of the so-called pacification of the Occupied Eastern Territories and

with the assignment to other fronts of troops which had become

available.

Subparagraph 3 details the intentions of the fascist conspirators in

North Africa. I quote:

“Strengthening of the Armed Forces in North Africa with a view

to rendering possible the capture of Tobruk. In order to

guarantee the passage of necessary transports according to plan,

attacks by the German Air Force on Malta should be resumed.

“Provided that weather conditions cause no delay and the service

of transports is assured as planned, it can be assumed that the

campaign against Tobruk will begin in mid-September.”

In August 1941 the Hitlerites intended, with the aid of fascist Spain,

to seize Gibraltar during the same year. Subparagraph 4 of Part 2 of the

letter just submitted to you envisaged that:

“Plan Felix, that is, the seizure of Gibraltar with the active

participation of Spain, must be executed in 1941.”

The Hitlerites planned the execution of an attack against Syria and

Palestine in the direction of Egypt. Subparagraph 5 of the

above-mentioned letter states as follows:

“If, once the termination of the campaign in the East has been

made known, we succeed in bringing Turkey to our side, an attack

on Syria and Palestine in the direction of Egypt is foreseen

after a minimum period of 85 days for the preparation of the

necessary forces and a preliminary securing of the Chersonese

passes and an improvement of Anatolian transportation routes

through Turkey, with German help.”

Two subparagraphs later, we find, in the same letter, in Subparagraph 8,

a possible variation of this plan:

“If, even after the defeat of Soviet Russia, it would still

prove impossible to bring Turkey over to our side, a southward

thrust through Anatolia would have to be carried out against her

will.”

Your Honors, in the plans of fascist aggression Egypt played a large

part. It is mentioned in Subparagraphs 6 and 7 of Part 2 of the letter

quoted. Subparagraph 6 mentions—I quote word for word:

“An attack on Egypt from Cyrenaica, after the fall of Tobruk

could probably not be carried out before the end of 1941 or the

beginning of 1942.”

Subparagraph 7 stated:

“If the collapse of Soviet Russia creates the necessary

conditions, an advance by a motorized expeditionary force

through Transcaucasia, in the direction of the Persian Gulf, and

in the direction of Iraq, Syria, and Egypt is envisaged.

“Because of weather conditions, this attack will only become

possible at the beginning of 1942.”

This document, which I have just presented to the Tribunal, shows the

turn of events intended by the fascist conspirators had the Red Army not

put an end to their aggression. The fascist aggressors hoped to destroy

the Soviet Union in a lightning war, to seize her wealth, to subjugate

the Soviet people, and, by these means, to open for themselves the road

to world domination.

Now, Your Honors, I have come to the end of my presentation. In

concluding the presentation of documentary evidence regarding the

aggression of the fascist conspirators against the Soviet Union, may I

ask the Tribunal’s permission to sum up briefly as follows:

1. The criminal intent of attacking the U.S.S.R. for the purpose of

plundering the Soviet Union and exploiting its riches for purposes of

further German aggression was conceived by the fascist conspirators long

before the actual launching of the attack.

2. The military preparations for the attack on the Soviet Union were

conducted by the fascist criminals for at least a year and embraced not

only Germany, but also satellite countries, particularly Romania,

Finland, and Hungary.

3. The execution of the criminal designs of the fascist aggression

consisting of the extermination of the peaceful population, the plunder

of the Soviet Union, and the wresting of its territories, was planned

long before the attack on the Soviet Union.

Fortunately for all freedom-loving nations in the world, the Union of

the Soviet Socialist Republics, the Soviet people, and their Red Army

completely overthrew all the fiendish plans of the fascist aggressors.

The Red Army not only withstood and stopped the fascist aggression; but,

together with the armies of its allies, brought Hitler Germany to

complete catastrophe and the fascist war criminals to the dock.

I thus end my presentation, Your Honors.

COL. POKROVSKY: Your Honors, my task today is to present to you material

on the “Criminal Violation of the Laws and Customs of War in the

Treatment of Prisoners of War.”

Before beginning the presentation of evidence relative to the

overwhelming guilt of the defendants in regard to the persons who were

captured by the German Army, I consider it essential to make a few brief

remarks.

As early as the end of the last century, the Hague Convention of 1899

established certain rules regulating the rights and responsibilities of

belligerents in regard to prisoners of war. In pursuance of the

provisions of the 1899 Convention, a number of states drew up the

necessary instructions concerning the treatment of prisoners of war. I

would like to cite three or four sentences taken from such instructions:

“The exclusive aim of the prisonership is to prevent the further

participation of prisoners in the war.

“A State may do everything necessary for the holding of

prisoners, but nothing more. . . .

“Prisoners of war may be employed to perform moderate work in

conformity with their social position. . . .

“In any case, such work must not be detrimental to health and

must not be of a humiliating nature. It must not contribute

directly to military operations against the native country of

the prisoners. . . .

“Prisoners of war lose their freedom but retain their rights. In

other words, military confinement is not an act of mercy on the

part of the captor, but the right of disarmed persons.”

It may surprise you to learn that the instructions cited are those

issued by the German General Staff in Volume 18 of the circular

published in 1902. The principle of humane treatment of prisoners and

wounded servicemen was further developed in the Hague Convention of 1907

and the Geneva Convention of 1929.

Germany’s adherence to these conventions was definitely reflected in the

German law regarding wartime courts-martial. I have in mind,

particularly, the German law of 17 August 1938, and, in particular, Part

“e”, Articles 73 and 75, which contain direct reference to the

Convention of 1929. That was at a time when Hitlerite Germany had

already begun the execution of her aggressive plans.

As the Tribunal will remember, the 23rd Article of the Hague Convention

of 1907 states, “. . . it is forbidden . . . to kill or wound an enemy

who, having laid down his arms and possessing no means of defense, has

unconditionally surrendered.”

It cannot be said that the brief code of the laws of war, which was, in

fact, drawn up at The Hague and Geneva, encompassed the whole range of

questions relating to the laws of war. The authors of these documents

had, therefore, inserted the following proviso, and I will cite this

excerpt:

“Until the opportunity presents itself of issuing a more

complete code of the laws of war, the High Contracting

Parties”—and I would remind the Tribunal that Germany was one

of those contracting parties—“consider it appropriate to affirm

that, in cases not provided for in the rules established by

them, the population and the belligerents remain safeguarded by

the principles of international law insofar as these principles

ensue from the customs, laws of humanity, and dictates of public

conscience in force between civilized nations.”

I should like to emphasize that in the appendix to the Convention on the

Laws and Customs of Land War (Second Peace Conference, 1907), Article 4

of Chapter 2, concerning prisoners of war, states as follows—and you,

Sir, will find the quotation on Page 4 of the document book, where it is

underlined with red pencil:

“Prisoners of war remain in the custody of the enemy government

and not of the individuals or troops which had captured them.

“They must be treated humanely.

“All their personal belongings except arms, horses, and military

papers, will remain in their possession.”

It may, therefore, be considered definitely established that the

governments of a number of states, including Germany, had

unconditionally recognized their obligations to insure conditions under

which prisoners of war should not suffer from arbitrary actions on the

part of members of the Armed Forces of any state. The natural conclusion

presents itself that in cases of violations of this obligation, the

responsibility for any crime against a prisoner of war and especially

for a definite system of crimes against the dignity, person, health, and

life of prisoners of war, must fall on the government of the country

which had signed the Convention.

In the light of the facts which I shall submit to you, on the basis of

irrefutable documents, Germany’s solemn undertakings in regard to

prisoners of war will appear to be nothing but unparalleled and cynical

mockery of the very conception of treaties, laws, culture, and humanity.

I present to the Court, as our Exhibit Number USSR-51 (Document Number

USSR-51), a note submitted by Vyacheslav Mikhailovich Molotov, People’s

Commissar of Foreign Affairs of the U.S.S.R., dated 25 November 1941,

concerning the outrageous atrocities committed by the German authorities

against Soviet prisoners of war; and I quote several extracts from this

note, which you will find on Page 5 of the document presented to you:

“The Soviet Government is in possession of numerous facts

testifying to the systematic outrages and atrocities committed

by the German authorities against Red Army soldiers and against

commanders of the Red Army. Lately these facts have become

particularly numerous and have positively cried to high heaven,

thereby revealing once again the German war machine and the

German Government as a gang of bandits who utterly ignored all

codes of international law and all laws of human ethics.

“The Soviet Military Command is aware of numerous cases of the

subjection of captured Red Army men, the majority of them

wounded, to savage torture, ill-usage, and murder at the hands

of the German Military Command and German military units.

Captured Red Army men are tortured with bars of red-hot iron;

their eyes are gouged out, their feet, hands, fingers, ears, and

noses are hacked off, their stomachs ripped open, and they are

tied to tanks and torn asunder. Enormities and shameful crimes

of this sort are committed by German fascist officers and men

along the whole front, wherever they may be and wherever men and

commanders of the Red Army fall into their hands.

“For example, in the Ukrainian S.S.R., on the Island of

Khortitsa, on the Dnieper, after the German troops were forced

to retreat by the Red Army, the bodies of captured Red Army

soldiers who had been tortured by the Germans were found. The

prisoners’ hands had been cut off, their eyes gouged out, their

stomachs ripped open. In a southwesterly direction, in the

village of Repki in the Ukraine, after the Germans had retreated

from the positions they had occupied, the bodies of Battalion

Commander Bobrov, Political Officer Pyatigorsky, and two

privates were found. Their arms and legs had been nailed to

stakes, and on their bodies five-pointed stars had been cut with

red-hot knives. The faces of the dead men were cut and burnt.

Near these bodies was found the body of a Red Army man whom the

Germans had captured the previous day. His feet were burnt and

his ears were cut off. When our units captured the village of

Kholmy, on the Northwestern front, the mutilated bodies of Red

Army men were found. One of these had been thrown into a

bonfire. This was Private Adrei Ossipov of the Kazak S.S.R. At

Greigovo Station (Ukrainian S.S.R.), German units captured a

small group of Red Army men and kept them without food or drink

for several days. A number of the prisoners had their ears

slashed off, eyes gouged out, and hands cut off, after which

they had been run through with bayonets. In July of this year,

at Schumilino Station, German units captured a group of severely

wounded Red Army men and put them to death on the spot. In the

same month, in the vicinity of the town of Borisov,

(Bielorussian S.S.R.), the Hitlerites captured 70 severely

wounded Red Army men and poisoned them all with arsenic. In

August, near the township of Zabolotye, the Germans captured 17

severely wounded Red Army men on the battlefield. For 3 days

they gave them no food. The 17 men, their wounds still bleeding,

were then tied to telegraph posts, as a result of which three of

them died. The remaining 14 were saved from certain death by the

timely arrival of a Soviet tank unit commanded by Senior

Lieutenant Rybin. In the village of Lagutino, in the vicinity of

Bryansk, the Germans tied a Red Army man to two tanks and tore

him to pieces. At a point west of Bryansk, not far from the

Collective Farm, ‘Red October,’ 11 charred bodies of men and

officers of the Red Army captured by the fascists were found.

The arms and back of one of these Red Army men bore traces of

torture with a red-hot iron rod.

“There are a number of cases on record where the German Command

has driven captured Red Army men in front of their advancing

columns, during an attack, on pain of shooting. Such cases in

particular have been registered in the vicinity of the Vybor

State Farm, in the Leningrad region; in the vicinity of Yelna,

in the Smolensk region; in the Gomel region of the Bielorussian

S.S.R.; in the Poltava region of the Ukrainian S.S.R., and in a

number of other places.

“Wounded and sick Red Army men in hospitals which fell into the

hands of the German invaders were also systematically subjected

to outrageous indignities, torture, and savage ill-usage. On

innumerable occasions defenseless sick and wounded Red Army men

in hospitals have been bayonetted or shot by the fascist fiends

on the spot. Thus, at Malaya Rudnya, in the Smolensk Region,

fascist German units captured a Soviet field hospital and shot

the wounded Red Army men, and the male and female hospital

attendants. Among the victims were Privates Shalamov and Asimov

and Lieutenant Dileyev, who were wounded, and Verya Boiko, a 17

year-old hospital attendant, and others.

“There have been numerous cases of the abuse and violation of

woman’s honor when female hospital nurses and hospital workers

fell into the hands of the Hitlerite invaders.”

There are many similar facts in the same note. Then it continues:

“Marauding is rife among the men and officers of the Hitler

army. When the cold winter weather sets in, marauding assumes a

mass character, the Hitlerite robbers stopping at nothing in

their quest of war clothing. They not only strip warm clothes

and boots from the dead bodies of Soviet soldiers; but divest

wounded men of literally all their warm clothing—felt boots,

boots, socks, jerseys, quilted jackets, and warm caps—leaving

them stark naked. They did not even stop at taking the women’s

warm clothing from killed or wounded hospital nurses.

“Red Army prisoners were starved to death; they were left

without food for weeks or issued infinitesimal rations of moldy

bread or rotten potatoes. Depriving the Soviet prisoners of war

of food, the Hitlerites compelled them to rake the garbage cans

for remnants of food which the German soldiers had thrown out

or, as happened in a number of camps, including the camp at the

hamlet of Malaya Korma (Bielorussian S.S.R.), they fling the

carcasses of horses over the barbed wire fence to the Soviet

prisoners of war. In the Vitebsk camp, in Bielorussia, the Red

Army prisoners received almost no food at all for 4 months. When

a group of Red Army prisoners sent to the German Command a

written request for food to keep them alive, a German officer

inquired as to who wrote the statement. Five Red Army men who

affirmed that they had written it were shot on the spot.

“Similar cases of unbridled tyranny and brutality are to be

observed in other camps, Shitkiv, Demyan, and others.

“The German authorities and the German Government have

established a savage regime in the camps for Soviet prisoners of

war, with the object of mass extermination of Soviet prisoners

of war. The German High Command and the Ministry of Food and

Agriculture have issued a regulation establishing a food ration

for Soviet prisoners of war far inferior in quantity and quality

to that for prisoners of war of other countries. For instance,

this ration consists of 6,000 grams of bread and 400 grams of

meat per month, which dooms the Soviet prisoners of war to a

painful death from starvation.

“While enforcing this disgraceful and obviously unlawful regime

for Soviet prisoners of war with inhuman cruelty, the German

Government is doing its utmost to conceal from the public the

regulation it issued on this question. Thus, in reply to an

inquiry made by the Soviet Government, the Swedish Government

stated that the information concerning the aforesaid regulation

of the German Government published in the European and American

press was correct, but that the text of this regulation had not

been published and was therefore not available.”

The regulation which had not been available for the Swedish Government

in the autumn of 1941 has now become available for the International

Military Tribunal.

I assume that a very important circumstance is that these regulations

were distributed through two channels: The High Command and the Nazi

Party. In such a way, the extermination by starvation of the Soviet

prisoners of war captured by the Germans had been planned and carried

out both by the German High Command and by the Nazi Party.

I present to the Court these documents which were not available some

time ago, as a heavy load on the scale of the Prosecution. On Page 17,

Your Honors, you will find the document which has been cited by me. It

bears the Document Number D-225 (Exhibit Number USSR-349):

“High Command of the Army, Army Equipment and the

Commander-in-Chief of the Replacement Training Army.

“Berlin, 6 August 1941.

“Subject: Food ration of Soviet prisoners of war.

“The Soviet Union did not subscribe to the agreement of 27 July

1929, concerning the treatment of prisoners of war. Consequently

we are not obliged to supply Soviet prisoners of war with food

corresponding in quantity or quality to the requirements of this

regulation. Taking the general food situation into

consideration, the following rations for Soviet prisoners of war

were established, which rations were considered adequate

according to medical findings:

“The ration in the camps for the prisoners of war (not employed

on essential work) amounted to:

“1. Bread, 6 kilograms; meat, 400 grams; fat, 440 grams; sugar,

600 grams, for 28 days.

“2. For prisoners doing special work: Bread, 9 kilograms; meat,

600 grams; fat, 520 grams; sugar, 900 grams, for 28 days.”

A similar regulation, headed, “Food Ration for Soviet Prisoners of War,”

was sent as secret information by the Chancellery of the Nazi Party on

17 December 1941. I shall quote only one sentence from that Party

directive, which you will find on Page 18 of the document book:

“An open discussion of the question regarding the food supply of

the prisoners of war either orally or in writing is forbidden

because of the possibility of enemy propaganda.”

Furthermore, the authors of the document emphasize that there is no

danger of any substantial deterioration of the food supply of “our

German people.” I consider that the hint is sufficiently clear. The

document was distributed to the High Command of the Army, to the

commands of corps areas, to the military authorities in Bohemia and

Moravia, and to military commissioners in a number of cities.

The fascist conspirators established particularly low rations for men of

the Red Army. On the basis of their own estimates the monthly ration for

Soviet prisoners of war was 42 percent in regard to fats, 66 percent in

regard to sugar and bread and 0 percent in regard to meat, as compared

with the amount of food provided for prisoners of war from other armies

fighting against Germany. Moreover, there was a special note in the

directive itself. You will find the special note on Page 19 of the

document book:

“If the ration for non-Soviet prisoners of war is reduced, the

ration for Soviet prisoners of war must be lowered accordingly.”

But even these starvation rations, which could not sustain the life of

an adult person, more often than not existed only on paper.

I present another document to the Tribunal as Exhibit Number USSR-177

(Document Number USSR-177). . . .

THE PRESIDENT: Colonel Pokrovsky, I do not think it matters very much,

but when you said “0 percent” in regard to meat, when you were dealing

with the percentage, was that correct? Because in setting out the amount

of food which they were allowed, or were supposed to be allowed, there

was 400 grams of meat for ordinary men and 600 grams of meat for other

men doing special work, and I do not see how 400 grams can be 0 percent

of the ration allowed to other non-Soviet prisoners.

COL. POKROVSKY: You are quite right, Sir. I have the same figures here,

but there is no contradiction here at all. I am reporting to the

Tribunal now that there were several directives, and the first one

appears to be the best for the Soviet prisoners of war. It states that

400 grams of meat was the ration. The next directive, which established

the percentage of food supply for the Soviet prisoners of war and

others, shows 0 percent. As far as I understand it, if there was not

meat for all of the prisoners of war, the Soviet prisoners would not

receive any meat at all.

THE PRESIDENT: I see. Then you say that the words “on the basis of their

own estimates” are referring to some estimates other than the estimate

which you give. It does not matter about that, but I understand you to

say that there are other estimates which show they did not give them

anything. Please proceed.

COL. POKROVSKY: You are quite right, Sir.

I present to the Tribunal one more document dealing with the same

question. That is Exhibit Number USSR-177. You will find it on Page 21

of your document book. This is a record of a conference of the Reich

Ministry of Food (REM) under the direction of State Secretary Backe and

Ministerial Director Moritz. The document is dated 24 November 1941,

1630 hours. Among those who took part in the conference were

representatives of various departments, in particular General

Reinecke—probably the Tribunal will remember that it was Reinecke who

headed that particular phase of the work dealing with the prisoners of

war—and Ministerial Director Mansfeld. The subject under discussion was

the supply of food to Russian prisoners of war and civilian workers. I

quote—Page 21 of your document book:

“1. Types of food.

“Attempts to produce a special Russian bread have proved that a

useful mixture consists of 50 percent rye bran, 20 percent

residue of sugar beet, 20 percent cellulose flour and 10 percent

flour made of straw or leaves.

“Meat not usually employed for human consumption can never

sufficiently satisfy a demand for meat. Russians must,

therefore, be fed entirely on horse flesh and on the meat of

animals which had not been adequately slaughtered and which, at

present, is issued in double quantities on the ration cards.

“With the present technique of fat production, inferior fats no

longer exist; the Russian will, therefore, receive good edible

fats.”

These derisive words can scarcely pass unnoticed. Russian prisoners of

war, who had been receiving “meat not usually employed for human

consumption,” were now receiving on their starvation rations only “meat

which is today issued in double quantities on ration cards”; and instead

of fats they were to get certain substances which can only be used for

food because of “the present technique of the fat production.” And these

products are called “good edible fats.”

The second part of the document is entitled “Rations.” I quote; the part

being cited by me is on Pages 21 and 22 in your document book:

“Since there is a great discrepancy among the estimates of the

present experts of the Health Administration, the Reich Office

of Public Health, and the Army Medical Inspectorate as to the

necessary caloric requirements, a final decision concerning the

ration will be made in the course of the week by a smaller

circle of experts. Seven days of flour soup as a transition diet

and cancellation of the words ‘without work’ are from now on

decreed for such Russians as are at present in German camps.

“III. The number of Russians whom the Reich Ministry of Supply

can supply with food.”

I should note here that this sentence means, “The number of Russians

whom the Reich Ministry of Food (REM) can provide has now been

established.”

“State Secretary Backe was noncommittal in answer to persistent

questioning by General Reinecke and Ministerial Director

Mansfeld.”

It seems to me useful to point out that there is on the document a note

in pencil to the effect that:

“It is requested to follow up the matter of the rations because

State Secretary Backe is, apparently, beginning to lose his

nerve.”

The signature is illegible.

It seems to me that this note vividly discloses the arguments that were

going on over establishing a norm. Not by accident does it speak here of

the wide discrepancy in the estimates concerning necessary caloric

requirements of the experts of the Reich Health Administration and the

Army Medical Inspectorate. As the Tribunal will remember, the witness

Blaha testified in reply to my questions that almost all prisoners of

war who died of starvation in the Dachau Camp were men of the Red Army.

I shall submit evidence showing that the Dachau Camp was not an

exception in that respect.

On 27 April 1942 the People’s Commissar for Foreign Affairs of the

U.S.S.R. was forced to submit a new note. I present this note in our

exhibit under Number USSR-51 (Document Number USSR-51). You will find

the place I am referring to on Page 13 in your document book where it is

marked in red pencil for your convenience. I quote:

“The Soviet Government now has at its disposal many hundreds of

new documents confirming the bloody crimes committed against

Soviet prisoners of war, dealt with in the note of the

Government of the U.S.S.R. dated 25 November 1941.

“It has been incontrovertibly established that the German

Command, desiring to take revenge for the defeats inflicted on

its army in the last few months, has everywhere introduced the

practice of physical extermination of Soviet prisoners of war.

“Along the entire length of the front, from the Arctic to the

Black Sea, bodies of slain Soviet war prisoners and tortured war

prisoners have been discovered. In almost every case these

corpses bear traces of the horrible torture which precedes

murder. In dugouts from which Red Army troops have driven the

Germans, in fortifications, and also in populated centers,

bodies of Soviet prisoners are found who have been murdered

after savage torture. Facts like the following, recorded in

affidavits signed by eye-witnesses, are being uncovered with

increasing frequency.

“On 2 and 6 March 1942, on the Crimean front, in the Lilly

region at 66.3, village of Jantora, the bodies of nine Red Army

men who had been taken prisoner were found so brutally tortured

by the fascists that only two of the corpses could be

identified. The nails had been drawn from the fingers of the

tortured prisoners of war, their eyes had been gouged out and

the right breast of one corpse had been completely cut out;

there were traces of torture by fire, numerous knife wounds, and

broken jaws.

“In Theodosia scores of bodies of tortured Azerbaijanian Red

Army men were found. Among them were Ismail-Zadch Jafarov, whose

eyes had been gouged out and ears slashed off by the Hitlerites;

Kuli-Zadch Alibekov, whose arms had been dislocated by the

Hitlerites, after which he had been bayonetted; Corporal Ali

Ogly Islom-Mahmed, whose stomach had been ripped open by the

Hitlerites; Mustafa Ogly Asherov, who had been bound to a post

with wire and died of his wounds in this position.”

And then, in the same note, is cited:

“In the village of Krasnaperovo, (Smolensk region) attacking

units of the Red Army found 29 dead and two naked bodies of

captured Red Army men and officers, none of whom had a single

bullet wound. All the prisoners had been knifed to death. In the

same district, in the village of Babaevo, the Hitlerites placed

58 captive Red Army men and two women ambulance workers in a

haystack and then set fire to the hay. When the people who had

been doomed to death attempted to escape from the flames, the

Germans shot them.

“In the village of Kuleshovka, the Germans captured 16 severely

wounded men and officers, stripped the prisoners, tore the

dressings from their wounds, tormented them with hunger, stabbed

them with bayonets, broke their arms, tore open their wounds,

and subjected them to other tortures, after which those who were

still alive were locked up in a house, which was then set on

fire.

“In the village of Strenevo of the Kalinin region, the Germans

locked 50 wounded captive Red Army men in a school building and

burnt them to death.

“In the town of Volokolamsk the invaders forbade Red Army men

who had been locked on the fifth floor of house Number 3/6

Proleterskaja Street to leave the house when a fire broke out.

Those who attempted to leave or to jump from the windows were

shot. Sixty prisoners perished in the flames or were killed by

bullets.

“In the village of Popovka (Tula region), the Germans drove 140

captive Red Army men into a barn and set fire to it. Ninety five

perished in the flames. Six kilometers from Pegostye Station, in

the Leningrad region, the Germans, in the course of their

retreat, under pressure of the Red Army troops, used explosive

bullets to kill over 150 Soviet war prisoners after frightful

beatings and savage torture. On most of the bodies the ears had

been slashed off, the eyes gouged out, and the fingers chopped

off, while several had had one or both hands hacked off and

their tongues torn out. Stars had been cut out on the backs of

three Red Army men. Not long before the liberation of the town

of Kondrovo, Smolensk region, by units of the Red Army in

December 1941, the Germans executed over 200 Red Army prisoners

of war whom they had taken through the city, naked and barefoot,

to the outskirts, shooting on the spot those who were exhausted

and unable to walk any further, as well as those local citizens

who gave them bread on their way through the city.”

THE PRESIDENT: We will adjourn now for 10 minutes.

[_A recess was taken._]

COL. POKROVSKY: In their desire to exterminate as many Soviet prisoners

of war as possible, the Nazi conspirators excelled themselves by

inventing newer and ever newer methods of extermination. The note

states:

“Of late a number of new cases have been established in which

the German Command made use of Soviet war prisoners for clearing

mine fields and for other hazardous work. Thus, in the district

of the villages of Bolshaja and Malaja Vloya, for 4 days the

Germans drove scores of prisoners lined up in close ranks, back

and forth over a mine field. Every day several prisoners were

blown to pieces by mines. Provision is made for this method of

killing prisoners in the orders of the German Command. Order

Number 109 to the 203rd Infantry Regiment states:

“‘General Field Marshal Rundstedt, Commander-in-Chief of the

Army, has ordered that apart from military operations, the

search for mines and the clearing of mine fields be done by

Russian prisoners, with a view to sparing German blood. This

also refers to German mines.’”

The marauding mentioned in the previous note is regarded not only as

something possible, but is proclaimed as obligatory to all the soldiers

of the German Army. The People’s Commissar refers to the following

documents issued by the German Command, in stressing the fact that this

marauding, done in wintertime, doomed the Red Army men to freeze to

death:

“An order of the Staff of the 88th Regiment of the 34th German

Infantry Division, headed ‘Situation with Respect to Clothing,’

imposed: ‘Boots should be removed from Russian prisoners of war

without hesitation.’

“That this order is not an accidental one is seen from the fact

that even before the perfidious attack on the U.S.S.R., the

German Command provided for recourse to this system of supplying

its troops.

“Among the documents of the 234th Infantry Regiment of the 56th

Division, a circular was found numbered 121/4 and dated 6 June

1941, bearing the heading, ‘On the Principles of Supply in the

Eastern Areas.’ This circular states on Page 8:

“‘You must not count on being furnished clothing. Therefore it

is particularly important to remove serviceable boots from

prisoners of war and to make immediate use of all suitable

clothing, underwear, socks, et cetera.’”

The note points out:

“The Germans, with a view to exterminating Soviet prisoners of

war, deprived them of food, condemned them to slow starvation

and in some cases used a bad quality food. Soviet authorities

have in their possession Order Number 202 of the Staff of the

above mentioned 88th Regiment, which states:

“‘Carcasses of horses will serve as food for Russian prisoners

of war. Such points where carcasses of horses have been dumped

are designated by signs. They can be found along the highways in

Malo-Yaroslavets and in the villages of Romanovo and

Beloussovo.’

“Order Number 166/41 to the 60th Motorized Infantry Division is

quite outspoken in demanding the mass murder of Soviet prisoners

of war. This order states:

“‘Russian soldiers and noncommissioned officers are extremely

courageous in battle. Even small isolated units are always ready

to attack. Therefore no humane attitude towards the prisoners is

permissible. The destruction of the enemy by fire or by cold

steel must be continued until he is rendered completely

harmless. . . .’

“The regulations issued by the German Command on the treatment

of Soviet war prisoners, under Number 1/3058, contain the

following instructions:

“‘At the slightest sign of insubordination energetic and direct

action must be taken. Arms must be used ruthlessly. Bludgeons,

canes, and whips must not be used. Leniency, even towards

obedient and hard-working prisoners only indicates weakness and

must not be indulged in.’”—from Point 2.

“‘At work the distance to the prisoner must always be such as to

permit of immediate recourse to arms.’”—from Point 3.

“All this proved to be insufficient. The Order of the High

Command of the German Army, dated 14 January 1942 and issued in

the name of Hitler as Commander-in-Chief, states”—Paragraph 2:

“‘All clemency or humaneness towards prisoners of war is

strictly condemned. A German soldier must always make his

prisoner feel his superiority. . . . Every delay in resorting to

arms against a war prisoner harbors danger. The

Commander-in-Chief of the Army hopes that these directions will

be fully carried out.’

“The Soviet Government continues to receive reliable information

on the condition of captive Red Army men in the German-occupied

territories of the U.S.S.R. as well as in the German rear, and

in the German-occupied European countries. This information

testifies to the further deterioration of the regime instituted

for captive Red Army men, and that they are particularly bad off

in comparison with the war prisoners of other countries. It

further testifies to the mass dying of Soviet prisoners of war

from starvation and illness, from foul indignities and bloody

cruelty systematically applied to the Red Army men by the

Hitlerite authorities who have long since violated the most

elementary requirements of international law and human ethics.”

The note specially stresses the fact that the inhuman atrocities and the

cruelty perpetrated by the German fascist gangsters against the Soviet

war prisoners exceed the atrocities of Genghis Dhenghis-Khan, Baty, and

Mamay.

In spite of that the note, which you will find on Page 14 of the

document book, states:

“. . . In spite of all that, the Soviet Government, true to the

principles of humanity and respect for its international

obligations, has no intention, even in the given circumstances,

of applying retaliatory repressive measures against German

prisoners of war, and continues, as heretofore, to observe the

obligations undertaken by the Soviet Union with regard to the

regime for war prisoners specified by the Hague Convention of

1907, which was likewise signed but so perfidiously violated in

every one of its points by Germany.”

Later I shall quote a document written by a group of German prisoners of

war. The authors of the document, on one hand, by a series of new facts,

have added to the number of atrocities committed by the conspirators

against the Soviet war prisoners; and on the other hand, they have

confirmed that the Soviet Command is true to the principle of humanity

in its attitude towards the German captives.

The military victory of the democratic powers opened the innermost

secrets of Hitler’s archives. Along with a large number of documents

that raise the curtain on the criminal plans of the conspirators, we

have also obtained a wide opportunity of interrogating living witnesses.

A whole series of questions become finally clear as, and when, the

witnesses’ depositions are being cross-checked with the documentary

archives. Much new evidence has also been received by us on the subject

of the crimes against the prisoners of war.

Some information with regard to the criminal Hitlerite practice of

exterminating the Soviet prisoners of war appeared as of 27 April 1942,

in the official communication of V. M. Molotov, People’s Commissar for

Foreign Affairs in the U.S.S.R.

I shall here prove that this crime was part of the general conspiracy

and was planned in advance of the aggressive war against the Soviet

Union. The Tribunal will see that the regime for war prisoners was

really the sum total of diverse methods for their extermination. Let us

turn to the testimony of the witnesses.

The former Chief of Staff of the OKH, Franz Halder, interrogated on 31

October 1945, testified—I submit to the Tribunal an excerpt from this

document, Exhibit Number USSR-341 (Document Number USSR-341):

“Witness: ‘Prior to the attack on Russia, the Führer called a

conference of all the commanders and persons connected with the

Supreme Command on the question of the forthcoming attack on

Russia. I cannot recall the exact date of this conference. I no

longer know whether it took place before or after the invasion

of Yugoslavia. At this conference the Führer stated that the

methods used in the war against the Russians will have to be

different from those used in the war against the West.’”

I beg your pardon, I have forgotten to tell you that the place which I

quoted from was on Page 24 of your document book.

“Investigating Officer: ‘What else did he say?’

“Witness: ‘He said that the struggle between Russia and Germany

is a Russian struggle. He stated that since the Russians were

not signatories to the Hague Convention, the treatment of their

prisoners of war does not have to follow the articles of the

Convention.’”

DR. NELTE: Your Honor, Generaloberst Halder is in the military prison

here at Nuremberg, and he is a very important witness not only to the

testimony at hand but also in general. And I believe, according to our

principles, which have been formulated by the High Tribunal in

connection with Article 21 of the Charter, it might be important to hear

this witness personally rather than use written testimony; and I ask the

Tribunal to decide this question.

THE PRESIDENT: Colonel Pokrovsky, did you wish to make any answer to Dr.

Nelte’s request?

COL. POKROVSKY: With the permission of the Tribunal, I will submit to

him my consideration in this case.

The testimony of Halder is of importance to us in one respect only,

namely, that he states the fact of a special conference called by Hitler

before the war; a conference at which the question of the treatment of

Russian prisoners of war attracted particular attention. This fact also

finds confirmation in other testimonies which were submitted by us to

this Tribunal; and, therefore, I think that there is no reason and no

need for examining this witness, since this interrogation may cause

further delay as it will refer to this question only and the German

Defense Counsel may ask unnecessary questions. In case the German

Defense Counsel would consider it advisable to request the Tribunal to

bring witness Halder here for cross-examination, it should be proper for

the Defense to submit to the Tribunal, in accordance with established

procedure, an application and explain for what reason it wants to

cross-examine Witness Halder. The Tribunal would then have occasion to

discuss this application and to grant it should they deem it proper to

do so.

That is all I wanted to point out concerning this question.

[_There was a pause in the proceedings while the Judges conferred._]

THE PRESIDENT: The Tribunal considers that if the interrogation of

General Halder is to be used, and it has been used, that General Halder

must be brought for cross-examination, provided it is true that he is in

Nuremberg.

When a witness is called he is liable to cross-examination and the only

reason for allowing interrogations to be used is on account of the

difficulty of bringing witnesses to Nuremberg. Therefore, if an

interrogation is allowed to be used and the witness is in Nuremberg, the

witness must be produced for cross-examination. I mean, of course, at a

time which is convenient to Counsel.

Colonel Pokrovsky, if this witness, General Halder, is in Nuremberg, you

will have him brought here at a time which is convenient to you during

the presentation of your case.

COL. POKROVSKY: With the permission of the Court, we will finally find

out where Halder is at the present time and, if he is really in

Nuremberg, he will be produced as a witness.

THE PRESIDENT: Very well.

COL. POKROVSKY: We must here note a common fascist lie. Hitler was

intentionally misrepresenting facts. That the Soviet Union had pledged

to follow the statutes of the Hague Convention is generally known. Even

the criminal code of the Soviet Union provides for the defense of the

rights of prisoners of war, in accordance with international law, and

those guilty of violations are considered criminally responsible. The

note of the People’s Commissar for Foreign Affairs in the U.S.S.R., Mr.

V. M. Molotov, on 27 April 1942, once again mentions the obligations of

the Hague Convention which the Soviet Union had pledged to follow. To

that note I have already referred.

Continuing, I shall again quote from Halder’s deposition concerning

Hitler’s speech. You will find it on Page 24:

“Furthermore, he”—Hitler—“said that in view of the political

level of the Russian troops”—at this point several dots follow

in the original—“to be brief—he said that the so-called

commissars should not be considered prisoners of war.”

It is impossible not to remark here that, owing to the superior

political consciousness of the Red Army soldiers, the Hitlerites saw a

commissar or a communist in almost every prisoner of war. Then there is

recorded the following question of the investigating officer and the

reply to it:

“Investigating Officer: ‘Did the Führer say anything about an

order which should be issued on the subject?’

“Witness: ‘What I have just said was his order. He said that he

wanted it carried out even if no written order followed.’”

After Halder’s deposition, in the document book on your table, there is

an extract from the deposition of the former Deputy Chief of the

Operations Section of OKW headquarters, General Warlimont, dated 12

November 1945. He was testifying on oath before Lieutenant Colonel

Hinkel of the American Army. This document is the result of work

accomplished by our American colleagues. The American Prosecution has

kindly placed this document at our disposal, which we in turn submit to

the Tribunal as Exhibit Number USSR-263(a) (Document Number

USSR-263(a)). I think the Defense Counsel wishes to submit another

request to the Tribunal. I therefore cede my place.

DR. NELTE: Mr. President! Regarding General Warlimont, we have the same

reasons which I just mentioned regarding Generaloberst Halder. General

Warlimont is also present in Nuremberg and is at your disposal for

examination in the court. Concerning the importance. . . .

THE PRESIDENT: What do you want to request now?

DR. NELTE: My application consists in the request to disallow the use of

the document which the Soviet Prosecutor has just wished to read out

loud, and to direct that the witness, Warlimont, now present in

Nuremberg, be called as a witness.

THE PRESIDENT: The Tribunal has just ruled that the interrogation of

General Halder may be used, but if it is used—and it is being used—he

must be submitted for cross-examination by counsel for the defendants.

What more do you want?

DR. NELTE: I am not speaking about Generaloberst Halder but about

General Warlimont.

THE PRESIDENT: I thought we had already ruled upon General Warlimont;

that he had to be called—that is, only yesterday or the day before.

DR. NELTE: I believe that this ruling has escaped the memory of the

Soviet Prosecutor, otherwise he would not be reading this document out

loud but would be introducing General Warlimont to the Court in person.

THE PRESIDENT: I think the ruling of the Tribunal was that the

Prosecutor should be entitled to use the interrogation, but if he did

so, he must submit the witness for cross-examination. Therefore, the

Soviet Prosecutor is entitled to read the interrogation and General

Warlimont will then be produced for the purpose of cross-examination.

DR. NELTE: Is he obliged to do this or may he use his own discretion?

THE PRESIDENT: I suppose he might use his own discretion and call the

witness if he wanted to and not put in the interrogation.

You see, Dr. Nelte, the position of the Tribunal is this. If the

prosecuting counsel chooses to call the witness and not to use the

interrogation, of course, he calls the witness, examines the witness,

and the witness is liable to cross-examination by Defense Counsel. If,

on the other hand, the prosecuting counsel wishes to use the

interrogation, which he already has, he can do so; but if the witness is

available in or near Nuremberg, he must still be produced for

cross-examination.

The discretion which Counsel for the Prosecution has is as to whether

they use an interrogation which they already have or call the witness.

But in either case, the witness, if he is here, must be produced for

cross-examination.

DR. NELTE: The witnesses, Generaloberst Halder and General Warlimont,

are both in Nuremberg and at our disposal. I merely wish to know whether

the date when he is to be presented depends on the discretion of the

Chief Prosecutor. We are interested in the possibility of holding the

cross-examination when the Prosecution has read out the written

statement.

THE PRESIDENT: I thought that was a matter you might settle with the

prosecuting counsel as to whether you wish to cross-examine him directly

after the interrogation has been presented or after a short delay. If I

were to say that he is to be cross-examined immediately after the

interrogation has been put in probably Defense Counsel would say he

wanted time to consider the interrogation. But you can surely settle

that with Colonel Pokrovsky.

DR. NELTE: Then I will deal with Colonel Pokrovsky on this matter. Thank

you.

COL. POKROVSKY: I take the liberty of starting from the point where I

broke off. We now present to the Tribunal Exhibit Number USSR-263(a),

consisting of the minutes of the interrogation, under oath, of the

witness, Warlimont, given to Lieutenant Colonel Hinkel of the American

Army. I do not intend to read this document into the record in full.

Warlimont, in many cases, repeats Halder. The important thing is that he

confirms two facts in their entirety:

(1) That it was Hitler who conducted the meeting of which we were

informed by Halder’s testimony. (2) That, even before the war, Hitler

had issued a directive to shoot prisoners of war; pointing out that

special units were to be created for this purpose and that the SD would

follow the Army.

Warlimont further testified—I quote, and Your Honors will find the

excerpt which I quote on Page 26:

“He”—that is Hitler—“further said that he did not expect the

officer corps to understand his orders, but he demanded that

they obey his orders unconditionally.”

We have some more testimonies, those of Lieutenant General of the German

Army, Kurt von Österreich. He was the former Commander of the Prisoner

of War Section of the Danzig Military District. He personally handed his

testimonies to the representatives of the Red Army on 29 December 1945.

His testimonies, registered as Exhibit Number USSR-151 (Document Number

USSR-151), are contained in your document book. I shall read certain

excerpts into the record:

“I began my work as Commander of the Prisoner of War Section at

the headquarters of Military District XX (Danzig) on 1 February

1941.

“Prior to that I was the commanding officer of the 207th

Infantry Division, located in France.

“It was towards March 1941 that I was summoned to Berlin to

attend a secret meeting at the headquarters of the OKW. This

conference was conducted by Lieutenant General Reinecke, then

Chief of Headquarters’ Prisoner of War Section.

“Over 20 chiefs of the district prisoner of war sections from

various regions attended this conference, as well as several

staff officers of the headquarters. I cannot, at present,

remember the names of these officers.

“General Reinecke told us, as a great secret, that a tentative

invasion of the Soviet territory had been planned for the

beginning of summer 1941 and that in this connection the OKW had

elaborated essential measures, including the preparation of

camps for Russian prisoners of war expected after the beginning

of operations on the Eastern front.”

I omit 3 paragraphs and shall go on to several details of greater

importance:

“On this occasion he ordered us to construct open air camps

surrounded only by barbed wire in such cases where there would

be no time to construct roofed-in barracks for the Russian

prisoners.

“Moreover, Reinecke gave us instructions as to the treatment of

Russian prisoners of war, directing us to shoot without any

warning those prisoners who might attempt to escape.”

In my opinion, the next two long paragraphs can be omitted in order to

save time.

“After some time”—I pass on to Page 28 of your document

book—“I received a directive from the headquarters of the OKW

confirming Reinecke’s instructions to shoot without any warning

all Russian prisoners attempting to escape. I do not now

remember who signed this directive.”

The witness further testifies how he was called, either towards the end

of 1941 or the beginning of 1942 to a conference in Berlin of the

military district chiefs on prisoner-of-war affairs. The conference was

conducted by Major General Von Graevenitz. The question under discussion

was what to do with those Russian prisoners of war who were unable to

work as the result of wounds or exhaustion. I think it might be useful

to quote a few lines. They are on Page 29 in your document book:

“On the proposal of General Von Graevenitz this question was

discussed by several officers present, including doctors, who

stated that such prisoners of war unable to work should be

concentrated in one place—either in camp or in hospital—and

killed by poisoning. As a result of this discussion General Von

Graevenitz ordered us to murder war prisoners incapable of work,

using for this purpose the camp medical personnel.”

The witness asserts that when he arrived on duty in the Ukraine in the

summer of 1942, he learned there, as he says—you will find these two

lines on Page 29, “A method of murdering Russian prisoners of war by

poisoning is already adopted there.”

The witness quotes actual figures, actual facts connected with this

crime. I think it important to note a reference to this fact quoted on

the fourth page of the Russian text, third paragraph from the top, on

Page 29 of your document book:

“When I was in the Ukraine I received from headquarters a

top-secret order signed by Himmler, directing that, as from

August 1942, Russian war prisoners must be branded with a

special mark.

“Russian war prisoners were kept in concentration camps under

severe conditions, were poorly fed, subjected to moral outrages,

and died of hunger and disease.”

Österreich names facts which confirm this testimony. The following

episode is revealingly characteristic. I quote the second paragraph of

the fifth page; it is on Page 31 in your document book:

“In the beginning of 1942 when an echelon of Russian war

prisoners was being moved from the Ukraine to the city of Torun,

approximately 75 people died there, the corpses of whom were not

taken away but left in the railway car together with the

living. . . . About 100 prisoners of war who could not bear

these conditions and tried to escape were shot.”

These and similar cases are known to the witness. He enumerates them,

but I do not think it is necessary to cite all of them to the Tribunal.

They are all alike.

THE PRESIDENT: Please, proceed.

COL. POKROVSKY: Thank you. I thought the members of the Tribunal were

deliberating. I, therefore, interrupted my report. Thank you.

Österreich also speaks about directives which provide for the shooting

of all political commissars of the Red Army, Communists, and Jews. Such

an arrangement practically opened the way for the extermination of any

Soviet prisoner of war under the pretext that he was suspected of

belonging to the Communist Party or if he looked like a Jew.

In rounding up General Österreich’s testimony it is necessary to quote a

sentence mentioned, as I believe, by the Commander-in-Chief, General

Field Marshal Von Reichenau, in “The Conduct of the Army in the East.” I

submit this document to the Tribunal as our Exhibit Number USSR-12

(Document Number USSR-12). This quotation is on Page 33 in your document

book, “Supplying the civilian population and the prisoners of war with

food is a misunderstood humanitarian act as well as . . .” I submit to

the Military Tribunal this despicable directive of Hitler’s Field

Marshal and request it be accepted as evidence. This document is

registered under Number USSR-12.

Three of Hitler’s high-ranking officers confirmed that even at the

beginning of the war, at a special conference. . . .

THE PRESIDENT: Could you tell us if this order was issued by Field

Marshal Von Reichenau? By the general himself?

COL. POKROVSKY: The order is signed by General Field Marshal Von

Reichenau.

THE PRESIDENT: Was it captured or what?

COL. POKROVSKY: This document was one of the trophies captured by the

Russian Army.

THE PRESIDENT: By the Russian Army?

COL. POKROVSKY: By the Russian Army.

THE PRESIDENT: Thank you.

COL. POKROVSKY: Three of Hitler’s high-ranking officers have confirmed

that already at the beginning of the war the question of exterminating

Soviet prisoners of war was settled during a special conference.

They—the witnesses—differ slightly in detail, but the fact itself has

been quite definitely established. The sentence which I quoted from the

directive of Field Marshal Reichenau also confirms that even the supply

of food to the soldiers of the Red Army taken prisoner by the Germans

was considered as “unnecessary humanity.”

It is useful perhaps to submit to you Document Number 884-PS (Exhibit

USSR-351). It bears the signature of Warlimont and a postscript by the

Defendant Jodl. The document was drawn up at the Führer’s headquarters

on 12 May 1941. It said, “OKH had submitted the draft of a directive

dealing with the treatment of responsible political workers and similar

persons.” You have this quotation on Page 35 in the document book, as

well as the two following excerpts which I am going to quote.

The draft foresaw the “removal” of persons of this category. The

decision whether a prisoner of war falls into the group “to be removed”

is up to the officer. The document states; “By an officer with authority

to impose punishment for breach of discipline.” Thus, any junior officer

was endowed with powers of life and death over any captured Red Army

soldier, regardless of his rank or service. Paragraph 3 of this document

states:

“Political commissars of the army are not recognized as

prisoners of war and are to be liquidated, at the latest, in the

transient prisoner-of-war camps. No evacuation to the rear

areas.”

The Defendant Jodl added the, for him, characteristic postscript—you

will find it on Page 37 of the document book:

“We must reckon with possible reprisals against German airmen.

It would, therefore, be better to consider all these measures in

the nature of reprisals.”

General Österreich’s testimony concerning the existence of the order to

brand Soviet prisoners of war is fully confirmed. I submit to the

Tribunal, as Exhibit Number USSR-15 (Document Number USSR-15), Order

Number 14-802/42, given by the Chief of Gendarmerie of the Vice Governor

in the Region of Styria. It is stated in the order that it is a question

of disclosing the order of the Chief of Police. The first paragraph of

the order of the chief of the regular police states—the paragraph

quoted is on Page 38 of the document book:

“1. Soviet prisoners of war are to be branded with a special and

lasting mark.

“2. The brand is to consist of an acute angle of about 45

degrees with a 1-centimeter length of side, pointing downwards

on the left buttock, at about a hand’s width from the rectum.

This brand is to be made with the lancets available in all

military units. Indian ink is to be used as coloring matter.”

The third paragraph underlines that, “Branding is not a sanitary

precaution.”

It is stated in Paragraph 5 that, together with all Soviet prisoners of

war now entering the regions of the Baltic States, the Ukraine, and the

province of the Governor General commanded by the German Armed Forces,

all the remaining prisoners of war in the area of the Supreme Army

Command (OKW) up to September 1942 are to be subjected to branding.

The same directive was issued to the presidents of the regional labor

offices and the Reich Inspectors for Allocation of Labor. In this

Document Number 1191-PS, Page 40 of the document book, it is stated that

the order of the OKW, dated 10 July 1942, was brought to the attention

of the presidents of regional labor offices and to the Reich Inspectors

for Allocation of Labor.

Our documents numbered USSR-121, 122, and 123 are excerpts taken from

orders issued by the German military authorities, such as regimental and

divisional commanders, and confirm that the prisoners of war, in order

to “spare German blood,” were forced to clear mine fields and carry on

work which endangered their lives. Order Number 16641 of the 60th German

Infantry Division states, in explanation of the bestial treatment of the

Soviet warriors:

“Russian soldiers and noncommissioned officers are very brave in

battle. Even a small isolated unit will always attack. In this

connection a humane attitude towards the prisoners is not

permissible.”

This quotation is on Page 44 in the document book.

THE PRESIDENT: We have had that already, have we not, or an almost

identical one?

COL. POKROVSKY: You are right, Sir, I quoted this excerpt as a part of

the note of the Commissar of Foreign Affairs, Molotov; and now I quote

it as part of a special German document. I consider that it is an

unprecedented event in history when, instead of respecting an enemy for

his military valor, the senior officers of Hitler’s army, in reply to

such military valor, ordered their subordinates to treat this same enemy

ruthlessly and inhumanly.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 07 · 第 8 / 13 章