CONTENTS

One Hundred and Seventy-fourth Day, Tuesday, 9 July 1946,

Morning Session 1

Afternoon Session 48

One Hundred and Seventy-fifth Day, Wednesday, 10 July 1946,

Morning Session 89

One Hundred and Seventy-sixth Day, Thursday, 11 July 1946,

Morning Session 129

Afternoon Session 164

One Hundred and Seventy-seventh Day, Friday, 12 July 1946,

Morning Session 193

Afternoon Session 227

One Hundred and Seventy-eighth Day, Monday, 15 July 1946,

Morning Session 253

Afternoon Session 287

One Hundred and Seventy-ninth Day, Tuesday, 16 July 1946,

Morning Session 325

Afternoon Session 364

One Hundred and Eightieth Day, Wednesday, 17 July 1946,

Morning Session 403

One Hundred and Eighty-first Day, Thursday, 18 July 1946,

Morning Session 442

Afternoon Session 468

Editor’s Note: _In respect to the presentation of the final

pleas by Counsel for the Defense, the Tribunal in several

instances directed that written speeches of excessive length be

shortened for oral presentation in Court and that notice would

be taken by the Tribunal of the paragraphs omitted. In the

sessions to follow such passages have been reproduced in small

type._

ONE HUNDRED

AND SEVENTY-FOURTH DAY

Tuesday, 9 July 1946

_Morning Session_

MARSHAL (Lieutenant Colonel James R. Gifford): May it please the

Tribunal, the Defendants Hess and Fritzsche are absent.

THE PRESIDENT (Lord Justice Sir Geoffrey Lawrence): I have an order to

read. The Tribunal orders:

1. Applications for witnesses for organizations to be heard by

the Tribunal in open court in accordance with Paragraph 5 of the

Tribunal’s order of 13 March 1946 should be made to the General

Secretary as soon as possible, and in any case not later than 20

July.

2. The Tribunal believes that so much evidence has already been

taken, and so wide a field has been covered, that only a very

few witnesses need be called for each organization. That is all.

DR. OTTO NELTE (Counsel for Defendant Keitel): Mr. President, Gentlemen

of the Tribunal, yesterday I dealt with the problem of Keitel and the

Russian campaign. Now I recall to you what Keitel said in the witness

box concerning the so-called ideological orders:

“I knew their content. In spite of my personal misgivings I

passed them on without letting myself be deterred by the

possibility of serious consequences.”

I wanted to point that out in order to make what I have to say now

comprehensible, above all, in its extent. In the course of time the

opinion arose and was disseminated throughout the Army, that Field

Marshal Keitel was a “yes man,” a tool of Hitler’s and that he was

betraying the interests of the Armed Forces. These generals did not see,

nor were they interested in the fact that this man was fighting a

constant battle, day after day, in every possible field, with Hitler and

the forces which were influencing him on all sides. The effects of this

distorted picture shown here in detail, which definitely did not apply

to Keitel, especially not in the sphere of strategic operations,

planning, and execution, made themselves still felt even in this Trial;

perhaps not without the fault of the Defendant Keitel himself. As to the

justification of his conception of duty there can in principle be no

argument. It has also been confirmed here by the witness Admiral

Schulte-Mönting for the Defendant Grossadmiral Raeder. There can be no

doubt that the rest of the admirals and generals were in principle of

the same point of view, that it is impossible in military spheres to

criticize before subordinates the decision of a superior as expressed in

an order, even if one has misgivings about the order.

One may say that every principle, every basic rule must be interpreted

and applied in a reasonable way, that every exaggeration of a good

principle detracts from it. In the case of Keitel this objection affects

the problem of his responsibility and guilt.

Does nonrecognition of the point where a principle, correct in itself,

is being carried to excess and thus endangers the object for the

protection of which it has been established, constitute guilt? In the

case of Keitel we must consider this crucial question from the point of

view of a soldier. The thoughts and ideas which the Defendant Keitel had

in this connection were the following:

It is incontestable that the principle of obedience is necessary for

every army; one might say that obedience—in civilian life a virtue and

therefore more or less unstable in its application—must be the

essential element of a soldier’s character, because without this

principle of obedience the aim which is to be accomplished by the army

could not be achieved. This aim—the security of the country, the

protection of the people, the maintenance of the most precious national

possessions—is so sacred that the importance of the principle of

obedience cannot be valued highly enough. Hence, the duty of those

called upon to preserve that national institution, the Armed Forces, in

the sense of its higher task, is to emphasize the importance of

obedience. But what the general demands of the soldier, because it is

indispensable, must hold good for himself too. This also applies to the

principle of obedience.

It would be dangerous to weaken an order, still less an essential

principle, by mentioning exaggerations and taking them into

consideration at the outset. That would leave the principle of decision

to the individual, that is, to his judgment. There may be cases where

the decision depends, or must be made dependent, on actual

circumstances. In theory, that would lead to a devaluation or even to an

abrogation of the principle. In order to forestall this danger and to

eliminate any doubt as to its absolute importance, the principle of

obedience has been changed in military life into one of “absolute

obedience,” and embodied in the oath of allegiance. This is equally

valid for the general as for the common soldier.

The Defendant Keitel not only grew up in this school of thought, but

during the 37 years of his military service, up to 1938, including the

first World War, he had become convinced that this principle of

obedience is the strongest pillar upon which the Armed Forces, and

thereby the security of the country, rests.

Deeply imbued with the importance of his profession, he had served the

Kaiser, Ebert, and Von Hindenburg in accordance with this principle. As

representatives of the State, they had to a certain extent an impersonal

and symbolic effect on Keitel; Hitler, from 1934, at first appeared in

the same light to him, that is, merely as representing the State,

without any personal connection, in spite of the fact that his name was

mentioned in the oath of allegiance. In 1938 Keitel as Chief of the OKW

came into the immediate circle and the personal sphere of Hitler. It

appears important for further explanation and in assessing the

personality of Keitel to bear in mind that Keitel, as the result of his

highly-developed soldierly conception of duty described above, and the

pronounced feeling of soldierly obedience, was now exposed to the direct

effects of Hitler’s personality.

I am inclined to assume that Hitler had clearly realized, in the

preliminary discussions with Keitel which led to the Führer Order of 4

February 1938, that Keitel was the type of person he was including in

his calculations: A man upon whom he could rely as a soldier at any

time; who was devoted to him with sincere soldierly loyalty; whose

bearing fitted him to be a worthy representative for the Armed Forces in

his sphere; and who in the opinion of his superiors was an

extraordinarily able organizer as shown by the report of Field Marshal

Von Blomberg. Keitel himself has admitted that he sincerely admired

Hitler, and that the latter subsequently attained a strong influence

over him and brought him completely under his spell.

This must be borne in mind if we wish to understand how Keitel could

have made out and transmitted orders from Hitler which were

irreconcilable with the traditional conceptions of a German officer,

such as, for instance, orders C-50, 447-PS, et cetera, submitted by the

Soviet Russian Prosecution.

By exploiting the willingness to fight for Germany, which might be taken

for granted in the case of every German general, Hitler was able to

camouflage his party political aims with the pretext of defending the

national interests and to present the impending struggle with the Soviet

Union as a dispute which must inevitably be settled—even as a war of

defense, the necessity for which was made clear by definite information

which had been received and on which depended the existence of Germany.

In this way Hitler broached the fateful question. General Jodl has

testified here to the fact that, as an officer of long standing,

Keitel’s conscience pricked him nevertheless; and that he repeatedly,

but unsuccessfully, raised objections and suggested alternatives to the

orders drafted.

During his cross-examination by the representative of the American

Prosecution, the Defendant Keitel has openly declared that he was aware

of the illegal nature of these orders, but that he believed that he

could not refuse to obey the orders of the Supreme Commander of the

Armed Forces and head of the State, whose final pronouncement in the

case of all objections was: “I do not know why you are worrying; after

all, it is not your responsibility. I myself am solely responsible to

the German people.”

This is a reasoned analysis of Keitel’s attitude toward the so-called

ideologically-based orders of Hitler.

Keitel’s last hope, which in many cases proved to be justified, was that

the commanders-in-chief and subordinate commanders of the Armed Forces

would at their discretion and within the scope of their responsibility

either fail altogether to apply these harsh, inhuman orders, or would

apply them only to a limited degree. In view of his position, Keitel had

only the choice between military disobedience by refusing to transmit

the orders, or complying with the instructions to forward them. I shall

investigate in another connection the question of what alternative cases

of action might have been open to him. The problem here is to show how

Keitel came to forward orders which indisputably violated the laws of

warfare and humanity and why, by reason of his duty to obey, his sworn

loyalty to the Supreme Commander, and the fact that he saw in the order

of the head of the State the absolution of his own responsibility, he

failed to recognize the point at which even the soldier’s strict duty of

obedience must end.

Every soldier who has appeared here as a defendant or as a witness has

mentioned the duty of allegiance. All of them, when they sooner or later

realized that Hitler had drawn them and the Armed Forces into his

egocentric gamble for the highest stakes, have considered their oath of

allegiance as rendered to their country and have believed that they must

continue to do their duty in circumstances which to us and even to

themselves, when they realized the extent of resulting disaster, appear

inconceivable. Not only soldiers such as Raeder, Dönitz, and Jodl, but

Paulus as well, kept their positions and remained at their posts, and we

have heard the same from other defendants. The statements of the

Defendants Speer and Jodl in this connection were deeply moving.

The question of whether these facts relieve the Defendant Keitel of

guilty responsibility requires investigation. Keitel does not deny that

he bears a heavy moral responsibility. He realizes that no one who

played even the smallest part in this terrible drama can feel himself

devoid of the moral guilt in which he was entangled.

If I nevertheless emphasize the legal point of view, I am doing so

because Justice Jackson, in his speech on behalf of the Prosecution,

expressly referred to the law as being the basis of your verdict—to

international law, the law of individual states, and the law which the

victorious powers have embodied in the Charter.

I assume that the Defendant Keitel has recognized that some of Hitler’s

orders violated international law. The Charter says that a soldier

cannot clear himself by referring to orders given by his superiors or by

his government. At the beginning of my argument I asked you to determine

whether, independently of the terms of the Charter, the principle is

unimpeachable that the standard determining right or wrong cannot but

depend on a national concept.

THE PRESIDENT: Dr. Nelte, I see that in the next few pages you pass into

the realm of metaphysics. Don’t you think that part you might leave for

the Tribunal to read?

You must remember that you began your speech yesterday before the

morning adjournment, and you have got over seventy pages left of your

speech to read.

DR. NELTE: I have limited it and shall be through by noon.

THE PRESIDENT: Very well. Do you think it is necessary to read these

passages about metaphysics?

DR. NELTE: I want to show in these pages that they are not metaphysical

forces, and that the individual is not in a position to free himself

through metaphysical forces. I shall—well, I think I shall continue on

Page 121, immediately following my reference to Hitler’s character.

Perhaps I may just read from Page 120 at the bottom.

THE PRESIDENT: Very well, if you tell the Tribunal that you have limited

your presentation. I think you began yesterday at a quarter past 12. Go

on then. Take your own course, but do your best to limit it, and go to

Page 120 now.

[sm type begins]DR. NELTE: The French prosecutor, M. De Menthon, has

pointed to the “demoniacal” undertaking of Hitler and therewith

pronounced a word which had necessarily to be brought up in a discussion

which is dedicated to the investigation of events forming the background

of these Trials. It is the natural endeavor of intelligent people to

analyze the reasons for events which have deeply touched the fate of

mankind in these days. If these events deviate from the regular

happenings and the natural course of things so much that they sharpen

our imagination, we take our refuge in metaphysical powers. I ask you

not to consider the pointing to such metaphysical forces as an attempt

to evade responsibility. We are all still under the impression of the

attempt by a single man to lead the world from its course. I should not

care to be misunderstood: The “demoniacal” is an incomprehensible yet

extremely real power. Many call it “fate.” If I speak of fateful,

metaphysical powers, I do not mean the fate of antiquity and of

pre-Christian Germanism to which even the gods are necessarily

subject.[sm type ends]

[sm type begins]I should like to make this quite clear: The demoniacal

about which I am talking in this connection does not exclude the

capacity of man to discern evil; of course, I believe that the

demoniacal, should it become effective, does limit the capacity for

perception. Principiis obsta. The old German maxim says: “Resist from

the very start, the remedy will be prepared too late.”[sm type ends]

[sm type begins]Fate and guilt are not phenomena excluding one another,

but rather circles which overlap, so that there are sections of life

when both power groups are operative. I can only indicate here in a few

words what things may be considered as being governed by fate:

nationality, historical and traditional conditions of existence,

individual origin, professional surroundings.[sm type ends]

[sm type begins]Mankind today cannot yet recognize the difference

between the fateful, that is, the metaphysical powers which have become

operative, and the persons who have appeared as tools of these powers;

therefore the people who made their appearance as actors on the stage of

this terrible drama are “guilty people” to them. The further removed

mankind is from the events, the less it sees or feels the consequences,

the more objective does judgment—divested of actuality and subjective

instincts—become within the framework of the history of human

development. In this way the active figures and their share in the

events will be better recognized. But as long as we are under the recent

impression of the events, we do, it is true, realize the border line

between guilt and fate, but we cannot yet recognize it clearly.[sm type

ends]

[sm type begins]No less a person than Marshal Stalin has pointed out in

February 1946 that the second World War was not so much the result of

mistakes of individual statesmen, but rather the consequence of a

development of economic and political tension on the basis of the

existing capitalist economic system.[sm type ends]

Trial of the major war criminals before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, volume 18 · 第 5 / 24 题