I am now beginning Paragraph 3 on Page 120.

Hitler was the exponent of an idea. He was not only the representative

of a Party political program, but also of a philosophy which separated

him and the German people from the ideology of the rest of the world. As

a convinced enemy of parliamentary democracy, and obsessed with the

conviction that this was the true ideology, he was devoid of tolerance

and the spirit of compromise. This produced an egocentric ideology which

recognized as right only his own ideas and his own decisions. It led to

the “Führer State,” in which he was enthroned on a lonely height as the

incarnation of this faith, blind and deaf to all misgivings and

objections, suspicious of all those who he thought might constitute a

threat to his power, and brutal to everything that crossed his

ideological path.

This outline of his character, which has been verified by the evidence,

is incompatible with the Prosecution’s assumption that a partnership of

interests might have existed between Hitler and the defendant. There was

no partnership of interests and no common planning between Hitler and

the men who were supposed to be his advisers. The hierarchy of the

Führer State, in connection with the Führer Order Number 1, which gives

the crudest expression to the separation of work, can only admit of the

conclusion that the so-called co-workers were merely mouthpieces or

tools of an overwhelming will, and not men who translated their own will

into deeds. The only question, therefore, which can be raised is whether

these men were guilty in putting themselves at the disposal of such a

system and in submitting to the will of a man like Hitler.

This problem requires special examination in the case of soldiers,

because this submission to the will of some person, which is contrary to

the nature of a free man, is for the soldier the basic element of his

profession, and of the duties of obedience and allegiance which exist

for the soldier in all political systems.

The legal problem of conspiracy in the sense of the Indictment has been

dealt with by my colleague Dr. Stahmer and by Dr. Horn. In the specific

case of the Defendant Keitel I should only like to refer to two

sentences of the speech as the starting point of my statements:

(1) “It is not sufficient that the plan be common to them all;

they must know that it is common to all of them, and each one of

them must of his own accord accept the plan as his own.

(2) “That is why a conspiracy with a dictator at the head is a

contradiction in itself. The dictator does not enter into a

conspiracy with his followers; he concludes no agreement with

them; he dictates.”

Dr. Stahmer has pointed out that no one acting under or on account of

pressure can therefore be a conspirator. I should like to modify this

for the circle to which the Defendant Keitel belonged. To say that the

defendants belonging to the military branch acted on account of or under

pressure, does not accurately represent the real circumstances. It is

correct to say that soldiers do not act voluntarily, that is, of their

own free will. They must do what they are ordered, regardless of whether

or not they approve of it. Accordingly, when soldiers engage in any

action, their will is disregarded, or at least not taken into

consideration; it will in fact always be disregarded because of the

nature of the military profession, and in applying the Leadership

Principle in the Armed Forces it cannot appear as a causal factor in the

initiation and execution of orders. In this military sphere, therefore,

we are not dealing with an abstract and thus theoretical deduction, but

with a conclusion which is bound to result from the nature and practice

of the military profession, when we maintain that the function of the

Defendant Keitel was based on military orders. The activity of the

Defendant Keitel with regard to the initiation of orders, decrees, and

other measures by Hitler, even insofar as they are criminal, cannot

therefore be considered as common work, that is, as the result of a

common plan within the meaning of the term “conspiracy.” Keitel’s

activity in regard to the execution of orders consists in the proper

transmission of orders in the operations sector and in the proper

execution of orders concerning the administration of the war, that is,

in the so-called ministerial sector.

No matter how this activity in itself might be qualified in terms of the

penal code, the Prosecution have not, I think, so far submitted anything

which could refute this train of thought as to the conspiracy.

This is a soldierly principle, and is valid wherever the military

command system exists. The significance of this statement is

particularly important in the case of the Defendant Keitel. For the

validity of such evidence might be questioned by saying that Keitel’s

functions were not those of a soldier, or at least not only those of a

soldier; and that he is therefore not entitled to claim consideration

purely on the grounds of the existing system of command. The unfortunate

nature of his position and the many and varied assignments, not all of

which can be fitted into the framework of a system, which fell to him as

Chief of the OKW, tend to obscure for us the primary factor with regard

to the Defendant Keitel, namely, that no matter what Keitel did, or with

what authority or organization he negotiated or was in contact, he was

always motivated by his function as a soldier and by some general or

particular order issued by Hitler.

The existence of a conspiracy seems to me incompatible with the theory

of a soldier’s functions and with Keitel’s position as head of the OKW,

and cannot logically be derived therefrom. In all cases in which the

Prosecution has claimed conspiracy to be prejudice, the purpose of this

conspiracy is an activity indulged in by the members in perpetrating

acts which differ from their normal private activity. The _ex contrario_

proposition is that the activity which a man must practice because it

belongs to his profession or office cannot be termed a conspiracy. It

may be added that the soldier does not act on his own initiative, but on

orders received. A soldier may therefore take part in a conspiracy aimed

against the duties he has undertaken as a soldier; but his activity

within the scope of his military functions can on no account be termed a

conspiracy.

The OKW, including the Armed Forces Operations Staff, was relatively

little affected by the conduct of the war in the East. By the OKW I mean

the staff of the OKW. It is well known that Hitler himself as Supreme

Commander of the Armed Forces, dealt with all matters concerning the

conduct of this—his own—ideological war and took a hand in it. The

Army was in command; but Hitler was in close and constant collaboration

with the Commander-in-Chief of the Army and his Chief of General Staff

up to December 1941 when, after taking over the supreme command of the

Army, he also took over its direct leadership.

This union in one person of the Supreme Commander of the Armed Forces

and Commander-in-Chief of the Army was evidently the cause of the

numerous mistakes which led to the severe incrimination of the OKW as

staff OKW, and of its Chief of Staff, Keitel.

Keitel feels himself to be gravely incriminated by the frank statements

he made in the witness box on the whole question of the Russian war. It

is, therefore, not only an understandable proceeding on the part of the

defense, but in fact its duty, to clarify the extent to which Keitel

bears the responsibility for these entire conditions of most frightful

atrocity and unimaginable degeneration.

To make these matters of competency, which are frequently extremely

complicated, easier of understanding, I refer to the Defendant Keitel’s

affidavit Number K-10, which was submitted to the Tribunal. It seems to

me essential just to emphasize the fact that the war against the Soviet

Union was from the first subject to three effective factors: (1)

Operations and command: High Command of the Army; (2) Economics: The

Four Year Plan; (3) Ideological: The SS Organizations.

These three factors were outside the competency of the OKW, which was

not empowered to issue orders affecting them. It is true, nevertheless,

that as a result of Hitler’s practically anarchic methods, by which he

himself retained entire control of the Government in his own hands, the

OKW and Keitel were sometimes used to transmit Hitler’s orders; but this

fact cannot in itself deflect the basic responsibility.

In view of the mass of material presented by the Soviet Prosecution, I

can refer within the scope of my statement to only a comparatively small

number of the documents. I shall give a brief summary of the documents

which have been dealt with separately, Pages 126 to 136.

To begin with, I referred to Documents USSR-90, 386, 364, 366, 106, and

407, and tried to prove in detail that the charges made against the OKW

and Keitel as the guilty parties have no value as evidence as far as

these documents are concerned.

Then, on Page 130, I referred to a category of documents with which I

have dealt earlier in Part 2 of my presentation on the subject of

official documents. If I refer in this connection to the official

reports of the Investigation Commission, I do so not because of their

actual contents, but because, although they were submitted in order to

implicate Keitel, they are in themselves proof that the charges made

against Keitel and the OKW are not justified as far as these grave

indictments are concerned.

Out of the large number of documents in this connection I have dealt

with USSR-40, 35, and 38. These official reports, which implicate the

High Command of the Armed Forces, do not contain a single concrete fact

referring to the Staff of the OKW—that is, Keitel—as the perpetrator

or instigator of these atrocities.

I make no comment on the contents of the documents; I merely point out

that Keitel in his official position, had neither the authority nor the

opportunity to give orders which resulted in the crimes alleged.

[sm type begins]First of all I shall deal with the Documents USSR-90,

386, 364, 366, 106, 407, submitted by the Prosecution for the specific

purpose of establishing Keitel’s responsibility.[sm type ends]

[sm type begins]They will show that not in a single case are they

orders, decrees, or regulations issued by the German High Command of the

Armed Forces and that it has not been proved that the latter was even

informed thereof.[sm type ends]

[sm type begins](1) The document Exhibit USSR-90 is a court-martial

sentence against the German Generals Bernhardt and Hamann, and includes

the following sentence:[sm type ends]

[sm type begins]“During the temporary occupation of the Orlova

area ... German Fascist intruders committed bestial crimes in

huge numbers against the peaceful populations and prisoners of

war on direct orders of the rapacious Hitler Government and the

command of the Armed Forces, thus violating the rules of warfare

established by international law....”[sm type ends]

[sm type begins]The argumentation leading up to the verdict does not

reveal proof of the claim that the “German Armed Forces command”—if

this means the OKW and the Defendant Keitel—ordered the crimes with

which the court-martial verdict is dealing. This is another of the

frequent confusions as to the status of the High Command of the Army and

the High Command of the Armed Forces. Statements on Page 2 of the

verdict seem to indicate this; it is said there:[sm type ends]

[sm type begins]“The defendant, Lieutenant General Bernhardt ...

acted according to plans and instructions of the

Commander-in-Chief of the Army ...”[sm type ends]

[sm type begins]This document, therefore, cannot furnish proof for the

Prosecution’s contention that the Defendant Keitel is connected with the

crime which is described in Document USSR-90.[sm type ends]

[sm type begins](2) In connection with the facts in the case dealing

with “compulsory labor,” the Prosecution submitted in proof of its

charge against Keitel Document USSR-36, a letter by Reich Marshal

Göring, in whom Hitler had vested general powers within the framework of

the Four Year Plan for this essential project—Plan

Barbarossa-Oldenburg—as shown in the Green File.[sm type ends]

[sm type begins](3) Nor does the report or discussion of the Economic

Staff East (Wirtschaftsstab Ost) of 7 November 1941 (USSR-386) touch

upon the competency and responsibility of OKW, because the Economic

Staff East had nothing to do with the OKW and the Defendant Keitel.[sm

type ends]

[sm type begins]This is also proved by the Green File, the Thomas

Document 2353-PS, and Keitel’s affidavit, Keitel Document Book 2,

Exhibit Number Keitel-11.[sm type ends]

[sm type begins]The conclusion drawn by the Soviet Russian Prosecution

that “Proof is established of the OKW commander having been primarily

responsible for the mobilization of labor in the Reich” is erroneous, if

the argument is to establish responsibility on the part of the Defendant

Keitel. If, on the other hand, reference as commander of the OKW is made

to Hitler, this cannot be contradicted.[sm type ends]

[sm type begins](4) Document USSR-364 is a document from the OKH (High

Command of the Army), signed by the Quartermaster General of the Army,

Wagner. It can be seen from the distribution of the document that the

OKW was not even informed through the usual channels.[sm type ends]

[sm type begins](5) Document USSR-366 mentions the name of the defendant

as having complained because: “OT (Organization Todt) units operating in

the vicinity of Lvov paid local laborers a daily wage of 25 rubles and

because OT availed itself of the services of local factories.”[sm type

ends]

[sm type begins]The Prosecution’s argument runs that “Keitel writes to

Minister Todt ...” The document which was submitted does not reveal

this, because it does not make any mention of such a letter. Inasmuch as

the entire economic administration and the exploitation of the Eastern

Territories had been transferred to the Four Year Plan, OKW had no

relevant office for this problem.[sm type ends]

[sm type begins]This becomes evident from the Green File just referred

to, and from the Führer order for the “Barbarossa-Oldenburg Plan.”

Presumably, after discussion of the basic question during the conference

on the situation, Keitel once again received orders from Hitler to get

into touch with Reich Minister Todt. This would then be one of the

instances where the defendant merely served as an instrument for the

transmission of a Hitler order to the competent office without the

matter being in any way within the competency of the OKW. In any case,

the information conveyed by the document does not show in how far this

problem should be a charge on Keitel.[sm type ends]

[sm type begins](6) Document USSR-106 is a Führer Order of 8 September

1942, dealing with the employment of prisoners of war and the

construction of field fortifications behind the front. The heading of

the Führer order reads:[sm type ends]

[sm type begins]“The Führer.[sm type ends]

[sm type begins]“OKH: General Staff of the Army Operations Section

1.”[sm type ends]

[sm type begins]The order was sighed by the Army General Staff and

issued by Halder. This proves conclusively that the Defendant Keitel or

the OKW was not involved.[sm type ends]

[sm type begins](7) Nor is it possible to refer to Document USSR-407 for

the establishment of the defendant’s participation. This document deals

with the order given by a local commander, who refers to alleged OKW

instructions.[sm type ends]

[sm type begins]It has already been emphasized on several occasions that

the OKW does not mean Keitel. It may however be quite possible, as no

date of the alleged OKW order is mentioned in Document USSR-407, that

this is one of the numerous cases of confusion, especially since even in

Armed Forces circles the exact conception of the OKW was not known.[sm

type ends]

[sm type begins]In any case the conclusion by the Soviet Russian

Prosecution, after submission of this document, that “OKW and Keitel

have not only ordered the mobilization of labor from the occupied part

of Russia, but have worked directly in the execution of this order” is

incorrect and has not been proved.[sm type ends]

[sm type begins]Now there is still a category of documentary evidence

which contains official communiqués of the Extraordinary Commission for

the determination and investigation of War Crimes and Crimes against

Humanity. I already some time ago dealt with the importance of official

documents in the presentation of evidence, and pointed out their limited

value as evidence.[sm type ends]

[sm type begins]If in this connection I discuss the official reports of

the investigating commissions, then I do so because ostensibly they have

been presented in order to incriminate Keitel, while in actual fact they

furnish proof that the accusations against Keitel and the OKW Staff are

not based on any reasoning in these very weighty Prosecution charges.[sm

type ends]

[sm type begins]From the large number of documents concerning this I

would refer to the following:[sm type ends]

[sm type begins]Document USSR-4 has been submitted to show that the

Soviet-Russian population was exterminated through intentional infection

with typhus, and that this was a case of a planned spreading of

typhus-epidemics among the Soviet population. For this the following,

among others, are named as the culprits (Page 10 of the document); “The

Hitler Government and the Supreme Command of the Armed Forces.”[sm type

ends]

[sm type begins]Once again it cannot be seen from the document itself on

what concrete facts the commission supports the guilt of the “Supreme

Command of the German Armed Forces” and what military agency is thereby

described. There is no mention made of an order of the “Supreme Command

of the German Armed Forces” in any part of this lengthy document.

However, since the Prosecution have presented this document as proof of

the guilt of the Defendant Keitel and the OKW, I establish that this

document cannot be valid as evidence for an accusation against Keitel in

this horrible charge.[sm type ends]

[sm type begins]Document USSR-9 bears the heading:[sm type ends]

[sm type begins]“Report of the Extraordinary State Commission

for the determination and investigation of the atrocities of the

Fascist German invaders and the damage caused to citizens,

collective enterprises, social organizations, State plants and

institutions of the Soviet Union.[sm type ends]

[sm type begins]“Regarding the demolitions and bestialities

which the German Fascist invaders have committed in Kiev.”[sm

type ends]

[sm type begins]On Page 4 it is stated: By order of the German High

Command German Army units looted, blew up, and destroyed the old

cultural monument, the Lavra of Kiev. The following are described as

responsible: “The German Government and the German High Command and all

officers and officials listed by name.” From the speech of the

representative of the Prosecution and from the term, “the German

Government and the German High Command” it can be seen that the High

Command of the Armed Forces and Keitel are to be accused as having been

responsible. This document lacks any positive statement on which the

Investigating Commission supports this judgment.[sm type ends]

[sm type begins]It is also shown here that the judgment of the

investigating commission—in any case with reference to the Defendant

Keitel—is not basically supported.[sm type ends]

[sm type begins]Document USSR-35 is a report “regarding the material

damage which the Fascist German invaders inflicted on State plants and

institutions, collective industries, and citizens of the Soviet

Union.”[sm type ends]

[sm type begins]This document states:[sm type ends]

[sm type begins]“The German armies and occupation authorities

which carried out the directives of the criminal Hitler

Government and the High Command of the Armed Forces, destroyed

and looted the Soviet cities occupied by them....”[sm type ends]

[sm type begins]To this it must be stated:[sm type ends]

[sm type begins](1) The contents of this document do not show one single

concrete “directive” issued by the OKW or Keitel.[sm type ends]

[sm type begins](2) The OKW had no authority to give orders, and

therefore could not issue directives.[sm type ends]

[sm type begins](3) Therefore the findings of the State investigation

commission, which for formal reasons would not be binding for the

Tribunal, cannot be considered as justified insofar as the OKW and

Keitel are concerned.[sm type ends]

[sm type begins](4) No opinion is going to be expressed as to the

remaining contents of the reports.[sm type ends]

[sm type begins]Document USSR-38 is entitled:[sm type ends]

[sm type begins]“Communication of the Extraordinary State

Commission for the Determination and Investigation of the

Atrocities of the Fascist German invaders and their Accomplices.

Regarding atrocities of the Fascist German invaders in the city

of Minsk.”[sm type ends]

[sm type begins]In this document it is stated on Page 1:[sm type ends]

[sm type begins]“Following instructions, which were issued

directly by the German Government, the Hitlerite military

authorities destroyed without any limitation scientific research

institutes, et cetera ... they exterminated thousands of

peace-loving Soviet citizens and also prisoners of war.”[sm type

ends]

[sm type begins]Page 13 states:[sm type ends]

[sm type begins]“Responsible for the crimes committed by the

Germans at Minsk ... are the Hitler Government and the High

Command of the Armed Forces.”[sm type ends]

[sm type begins]Nowhere in this document have either concrete or

verifiable instructions or orders by the Defendant Keitel or from the

OKW been given.[sm type ends]

Then, on Page 134, Paragraph 1:

In the documents previously quoted, either Keitel or the OKW is named as

the responsible party. However, during the Prosecution’s presentation

many such official reports were quoted as evidence for Keitel’s guilt,

which do not even mention either the name of the defendant or the OKW.

In this connection, I draw your attention to Documents USSR-8, 39, 45,

46, and 63. I only ask the Tribunal to examine the remaining documents

with equal care in order to ascertain whether, if submitted in

connection with Keitel and the OKW, they allow Keitel’s guilt to be

concluded or whether that is not the case. In this connection I should

like to add that I am not going to read, and am not referring to, the

remarks at the bottom of Page 134 (USSR-3).

I beg the Tribunal to take note of my statements on the economic

exploitation of the occupied territories—Pages 137 to 142—without my

reading them. Since Reich Marshal Göring’s defense counsel has already

dealt with this problem and has clarified the spheres of competency and

responsibility, it would mainly be repetition for me to speak on it.

However, I wish to draw attention to this part of my presentation and

beg the Tribunal to take judicial notice of it.

[sm type begins]In the war against Poland as well as later in the West,

extended on the basis of experiences in Poland, expert personnel trained

in military economy were detached from the Armed Forces Economic Office

in the form of small staffs and units to the Army Groups and Army High

Commands as expert advisers and assistants in all military economic

questions which resulted from the conquest and occupation of

economically and industrially valuable territories. The Economic

Armament Office, together with the OKW, prepared the organization of

these groups of experts and technical detachments.[sm type ends]

[sm type begins]By and large, they consisted of: (a) Expert advisers

with the unit staffs (at first known as liaison officers of the OKH

Economic Armament Office); (b) Reconnaissance Staffs for factories and

raw materials important to war economy: (c) technical detachments and

formations for security, repairs, and protection from destruction of

essential and vital plants and supply installations.[sm type ends]

[sm type begins]This organization was prepared by the OKW (Economic

Armament Office) because it relied on expert research personnel from all

three branches of the Armed Forces and civilian economy with the

“technical emergency aid” (Technische Nothilfe). The Army completed the

set-up itself.[sm type ends]

[sm type begins]The organization was subordinated to the senior troop

commanders in charge. Their employment took place exclusively on the

orders of the troop command, for which each adviser submitted

suggestions from time to time to the unit staffs (the General Staff Ib

or the Chief Quartermaster).[sm type ends]

[sm type begins]The missions of these technical detachments were: (a)

Advising the command concerning the importance and significance of

industrial plants and supply installations (fuel, water, electric

current, repair plants, mines, et cetera); (b) Protection of these

installations from destruction by the enemy and our own forces and the

civilian population; (c) Utilization for the purpose of Germany’s

conduct of the war for troops and population; (d) Examination of

essential and vital plants and establishment of their productive

capacity for German use; (e) Establishment of raw material supplies of

metals, ore, coal, fuel, et cetera, for reindustrialization or Germany’s

conduct of the war.[sm type ends]

[sm type begins]All functions, with the exception of those mentioned

under (d) and (e), served exclusively to supply the fighting troops, the

occupational troops, and the native population. The statistical

collections (d) and (e) were reported, through military channels to the

competent offices at home (Plenipotentiary for Economy, Four Year Plan,

Minister of Armaments) who had to make disposition concerning use and

utilization. The Armed Forces itself had no independent right of

action.[sm type ends]

[sm type begins]It is correct that (according to the Thomas book,

2353-PS) raw materials and also machines were removed to Germany for the

production of implements of war as the Prosecution charges, since both

had served the enemy’s conduct of the war and had necessarily gone out

of production. No military agency could order the removal to Germany,

because it had no right at all to dispose of “booty” of this sort. Only

the three highest Reich authorities mentioned could effect such a

removal on the basis of a general authority by the Führer or a special

order by him to the Commander-in-Chief of the Army. The OKW and the

Chief of the OKW, as well as the Economic Armament Office, had no right

of disposition and command outside of their own fields, nor did any

separate chain of command exist from the OKW Economic Armament Office to

these detachments, et cetera. The communications and report chain ran

via the unit staffs to the OKH Quartermaster General, with whom the

highest Reich authorities (Food, Economy, Armament Ministry, Four Year

Plan) had representatives who reported to their departmental chiefs.

Orders by the Defendant Keitel as Chief of the OKW concerning

utilization, use, or seizure of economic goods have not been given; this

follows from Document 2353-PS.[sm type ends]

[sm type begins]The unified leadership of the entire war economy in

France and Belgium was then centered in Reich Marshal Göring as Delegate

of the Four Year Plan by the Führer Decree of 16 June 1940.[sm type

ends]

[sm type begins]For determining the responsibility it is of significance

that the staff of the Economic Armament Office examined the problems

which concerned the armament economy and utilization of economy in the

occupied territories. Their appraisals, which in this respect were

regarded as decisive, are collected in Document EC-344, coming from the

Foreign Department in the OKW (headed by Admiral Canaris).[sm type ends]

[sm type begins]With reference to Articles 52, 53, 54, and 56 of the

Hague Convention of Land Warfare, it is explained therein in connection

with total warfare that “economic rearmament” must be regarded as

forming part of the “belligerent enterprise,” and accordingly all

industrial supplies of raw materials, semifinished and manufactured

goods as well as machinery, et cetera, are to be regarded as serving the

war effort. Therefore, according to the viewpoint of the author of this

opinion, all these goods are liable to be seized and used against

compensation after the conclusion of peace. Furthermore, the problem of

the need for war is examined and Germany’s state of economic difficulty

at that time is already affirmed. For the judgment of the Defendant

Keitel this opinion is of significance insofar as the well-known Foreign

Department under the responsible leadership of Admiral Canaris as late

as November 1941 gave vent to an opinion which justified the economic

utilization of the occupied countries. That was the office which

concerned itself with problems of international law and on which the

Defendant Keitel based his confidence.[sm type ends]

[sm type begins]An organization for all economic requirements and

intended to supersede the former organization was created for Russia on

the basis of experiences in the West by Reich Marshal Göring by virtue

of a general delegation of authority by the Führer.[sm type ends]

[sm type begins]The chief of the Economic Armament Office together with

State Secretary Körner drew up this organization for Reich Marshal

Göring without participation by the Chief of the OKW. The Chief of the

OKW for this purpose put General Thomas at the disposal of Reich Marshal

Göring. The Chief of the OKW did not acquire any influence at all on

this organization, and severed his own and the OKW’s connection with it

after Reich Marshal Göring had received full powers and the OKW had put

General Thomas at his disposal. General Thomas thus acted solely on

instructions by Reich Marshal Göring. The OKW and the Defendant Keitel

were never under Reich Marshal Göring’s orders nor were they bound by

his instructions. The Defendant Keitel was not represented in Göring’s

Economic Staff and had nothing to do with the Eastern Economic Staff

(See Thomas book, Page 366).[sm type ends]

[sm type begins]The execution of the work was centrally directed by the

Economic Operations Staff in Berlin as part of the Four Year Plan. The

local higher command in the Eastern district was under the Eastern

Economic Staff. To this organization was also attached the troops’

supply department. The OKW, and the Defendant Keitel as Chief of the

OKW, never issued orders concerning the exploitation, administration, or

confiscation of economic property in occupied territory. This is

revealed in the book submitted by the Prosecution, Document 2353-PS. On

Page 386 of this document, Thomas, in summarizing, correctly stated as

follows:[sm type ends]

[sm type begins]“The Eastern Economic Operations Staff under the

Reich Marshal or State Secretary Körner was responsible for the

whole economic direction of the Eastern area; the state

secretaries were responsible for departmental instructions; the

Economic Armament Office was responsible for the reconstruction

of the economic organization; the Eastern Economic Operations

Staff was responsible for the execution of all measures.”[sm

type ends]

[sm type begins]The same is shown by Document USSR-10:[sm type ends]

[sm type begins]“Directives (of Reich Marshal Göring) for the

unified conduct of economic management in the zone of operations

and in political administrative areas to be subsequently

established.”[sm type ends]

[sm type begins]This ought to prove that the OKW and Keitel are clear of

any responsibility for the consequences attendant upon carrying out the

measures within the scope of the Barbarossa-Oldenburg operation.[sm type

ends]

I now come to Page 143 and following pages, where I refer to the

assertion made by the French Prosecution regarding the participation of

the OKW and Keitel in the cases of Oradour and Tulle.

The French Prosecution have charged the Defendant Keitel in person with

the commission of war crimes and crimes against humanity. The accusation

concerns in particular the execution of French civilians without a

trial. In this connection the cases of Oradour and Tulle received

special emphasis. They are recorded in a report made by the French

Government—Document F-236. The French Prosecution stated: “Keitel’s

guilt in all these things is certain.”

In this connection it is not my task to discuss the frightful events of

Oradour and Tulle. As defense counsel for the Defendant Keitel I have to

examine whether the Prosecution’s assertion that the Defendant Keitel

bears any guilt or responsibility for these atrocious happenings has any

foundation.

You will understand that the Defendant Keitel attaches particular

importance to the production of evidence to the effect that he is not

responsible for these terrible occurrences, and, further, that when such

things came to his knowledge he took steps to have them cleared up in

order that the actual offenders might be brought to account. It is an

indisputable fact that Keitel had no direct part in these crimes. Any

responsibility and guilt attaching to the defendant can therefore be

derived only from his official position. No orders of any kind bearing

Keitel’s signature have been submitted by the Prosecution, so that,

whoever is guilty, Keitel is not, at any rate, among those directly

responsible.

The terrible sufferings inflicted on a large number of French villages

are recorded in the notes of General Bérard dated 6 July and 3 August

1944. I pointed out, when this document was submitted, that the

submission of these complaints alone—that is, unaccompanied by the

replies, which are also in the hands of the Prosecution—cannot convey

an objective picture of the actual facts, on which to base a

pronouncement on the guilt of the Defendant Keitel. As the Defendant

Keitel, not being empowered to issue orders in the matter, cannot

possibly be taken into consideration as the originator of the orders

which led to the complaint, any responsibility and guilt on Keitel’s

part can therefore be based only on the fact that he did not cause the

necessary steps to be taken on receiving information from the German

Armistice Commission. What Keitel did or did not do can be gathered only

from the reply notes and from the directives issued by the OKW to the

German Armistice Commission.

Here, too, the Defendant Keitel would have been unable to provide proof

to the contrary, had not the French Prosecution themselves submitted a

document, F-673, which was intended to furnish proof of Keitel’s

individual guilt. This document was already read by the French

Prosecution at the session of 31 January 1946:

[sm type begins]“High Command of the Armed Forces; F. H. Qu., 5

March 1945; Secret.[sm type ends]

[sm type begins]“WFST./Qu. 2 (I) No. 01487/45 g.[sm type ends]

[sm type begins]“Subject: Alleged Killing of French Nationals

without Trial.[sm type ends]

[sm type begins]“German Armistice Commission; Group Wa/Ib No.

5/45 g.[sm type ends]

[sm type begins]“1) German Armistice Commission; 2)

Commander-in-chief West.[sm type ends]

[sm type begins]“Received: 17 March 1945.[sm type ends]

[sm type begins]“In August 1944 the French delegation of the

German Armistice Commission addressed a memorandum to D. W. St.

K. (German Armistice Commission) describing in detail incidents

leading to the alleged shooting without justification of

Frenchmen during the period of 9 to 23 June 1944. Statements

made in the French note were almost entirely made in such detail

that an examination by Germany was possible without any

difficulty.[sm type ends]

[sm type begins]“On 26 September 1944 the High Command of the

Armed Forces charged the German Armistice Commission with the

handling of the case. Thereupon, the German Armistice Commission

asked the Commander-in-Chief West to investigate the incidents

and to take action with regard to the representation of facts

given in the French memorandum.[sm type ends]

[sm type begins]“On 12 February 1945 the German Armistice

Commission was informed by the Judge of Army Group B that since

November 1944 the case was in the hands of Army Judge of Pz.

AOK/6 (6th Armored Army Command) and that Pz. AOK/6 and 2. SS

Pz. Division ‘Das Reich’ (2nd Armored SS Division ‘Das Reich’)

had in the meantime separated from the Army Group.[sm type ends]

[sm type begins]“Handling of this matter calls for the following

remarks:[sm type ends]

[sm type begins]“The Frenchmen, and the delegation of the Vichy

Government, have made the grave charge against the German Armed

Forces of numerous cases of unjustified killing of French

nationals, in other words, of murder. Germany’s interest

demanded a reply to this charge at the earliest possible moment.

Considering the length of time which has elapsed since receipt

of the French memorandum, it should have been possible to take

up at least some of the charges and to refute them through

actual investigation, irrespective of subsequent development in

military matters and the transfer of troops incidental thereto.

If even a portion of the charges made had been refuted at once,

the French people would have been shown that their whole subject

matter is based on doubtful material; but because nothing was

undertaken by the Germans, the opponents’ impression must be

that we are not in a position to answer these charges.[sm type

ends]

[sm type begins]“The manner in which this case was handled

indicates that there possibly still exists a great deal of

ignorance as to the importance to be attached to all reproaches

against the German Armed Forces, to counteract any enemy

propaganda, and to refute immediately any purported German acts

of atrocity.[sm type ends]

[sm type begins]“The German Armistice Commission is hereby

instructed to continue to devote to this matter all possible

energy. It is requested to render any assistance possible, and

particularly to take all steps for expediting matters within its

own sphere of action. The fact that Pz. AOK/6 (6th Armored Army

Command) no longer forms part of the forces of the

Commander-in-Chief West is no reason to hold up the necessary

investigations in order to clarify and refute the French

charges.[sm type ends]

[sm type begins]“For information: Army General Staff (Gen. St.

d. H.); Headquarters Gen./Qu.[sm type ends]

[sm type begins]“(signed) Keitel.”[sm type ends]

This document of the OKW, signed by Keitel, shows that:

1. On receiving the French complaint of 26 September 1944, the OKW

issued orders to the German Armistice Commission to investigate and deal

with the matter.

2. The German Armistice Commission thereupon instructed

Commander-in-Chief West to investigate the incidents.

3. On receiving a letter from Army Group B, the OKW expressed itself as

follows:

“It was in the German interest to answer these charges at the

earliest possible moment.

“This case shows that there is still widespread ignorance as to

the importance of combating all imputations made against the

German Armed Forces and all enemy propaganda, and of refuting

immediately any alleged acts of atrocity on the part of the

Germans.

“The German Armistice Commission is hereby instructed to

continue to pursue their investigations as energetically as

possible. It is requested that every possible assistance be

rendered to the commission and that all possible steps be taken

to expedite matters in your own sphere of action. The fact that

Pz. AOK/6 is no longer under the jurisdiction of

Commander-in-Chief West is no reason for discontinuing the

necessary investigation in order to clarify and refute the

French charges.”

It may therefore be considered as proved that in this case the Defendant

Keitel, on receiving information, took energetic steps in accordance

with the range of his competency as Chief of the OKW, and as far as he

was in a position to do so. This eliminates the charge made by the

Prosecution insofar as the Defendant Keitel is concerned. At the same

time, however, the way in which the Defendant Keitel handled this case

suggests that he acted in similar manner in other cases.

Mr. President, before dealing with the problem of hostages which I may

discuss later, I should like to discuss the grave evidence on the Night

and Fog Decree on Page 154.

[sm type begins]War, which is frightful even under orderly international

law, becomes atrocious when the last restraints are removed. Many

terrible things have happened during this war and it is impossible to

tell which chapter of this book of sorrows and tears is the saddest;

but, in any case, one of the most lamentable chapters is that of the

treatment of hostages. In international law the question of treatment of

hostages is controversial. The taking of hostages is almost generally

admitted. Doubtless, although taking hostages is assumed to be

admissible under international law, that has as yet no bearing on their

treatment. The treatment, even more than the seizure, of hostages must

be subject on the one hand to the law of absolute military necessity

which cannot otherwise be met, and, on the other, to the application of

all possible guarantees to prevent the indiscriminate shooting of

hostages as a principle. Any primitive and brutal handling of this very

institution, which is doubtful under international law and is apt to

affect the absolutely innocent, must be rejected.[sm type ends]

[sm type begins]Unfortunately, this problem which seldom arose in

previous wars between civilized people, acquired considerable importance

during World Wars I and II. The cases previously taken into

consideration and also explained in the Army Manual 2g (H. Dv. 2g)

(Document Book 1, Exhibit Number Keitel-7) resulted from military

necessity of troops in operation. As happened with so many things in

this war, but especially due to the change-over from theater of

operations to rear area, there finally developed a broadening and

degeneration in the application of a principle which originally was

indisputable according to international law.[sm type ends]

[sm type begins]The immediate connection with military necessity was

absent, that is to say, with military action; its place was taken by

interests which naturally included military safeguards, particularly of

lines of communications between the front zone and home.[sm type ends]

[sm type begins]It must be said that this fundamental change ought to

have been recognized, and ought to have been taken into consideration in

the handling of the existing rules governing hostages. The degeneration

in the treatment of hostages was decisively influenced by the fact that

civil administrative and police organizations claimed for themselves one

of the extreme means of soldierly warfare and often made use of it

arbitrarily, wherever they wanted to break resistance, by arresting

people without concrete individual or even presumptive guilt and by

treating them from the viewpoint of reprisals. Collective arrests for

individual offenses come into this category.[sm type ends]

[sm type begins]All these cases have nothing to do with the original

facts in the cases of hostages; but since the word “hostage” is used for

all these cases, the Prosecution in many cases has placed on the Armed

Forces a responsibility which they should not bear.[sm type ends]

[sm type begins]I request the Tribunal, when judging this complex and

when examining the responsibility of the Defendant Keitel, to take into

consideration:[sm type ends]

[sm type begins](1) The concept of hostages, the basic conditions

governing the taking of hostages end their treatment had become known to

all authorities in command and their offices in the Armed Forces by the

Army manual regulations (H. Dv. 2g) before the war, especially before

the campaign in the West. The Documents 1585-PS, submitted by the

Prosecution itself (discussions of the hostage question with the

Luftwaffe), and 877-PS (operation orders of the Army for “Case Yellow”

and the attack in the West, dated 29 October 1939) reveal that special

regulations had originally been issued for the seizure of hostages.

Their application was justifiably transferred to the Army offices and

later to the military commanders who were subordinate to the Army, never

to the Armed Forces High Command (OKW).[sm type ends]

[sm type begins](2) Nobody could be in doubt, according to existing

regulations (H. Dv. 2g), as to what authority Army commanders had and as

to who had to make a decision on a possible shooting of hostages. No

supplementary order or supplementary regulation was ever issued by the

Armed Forces High Command (OKW). The letter from Falkenhausen (Military

Commander in Belgium), dated 16 September 1942 (Document 1594-PS),

mentioned by the Prosecution, and the report of this military commander

(1587-PS) are not addressed to Keitel, but quite correctly to his

superior office, the Army High Command (OKH) Quartermaster General;

Keitel received neither the letter nor the report. Whether Hitler

received them in his capacity of Supreme Commander of the Army and

military superior of the military commanders, Keitel does not know.[sm

type ends]

[sm type begins](3) The OKW was not informed of the cases in which

inhabitants of the occupied territories were mistakenly and falsely

described as hostages and treated without legal procedures.[sm type

ends]

[sm type begins](4) Whenever hostages, without being connected with the

plots and terror acts against the occupying power, were held responsible

for them without local or material connection, such practice is contrary

to service regulations.[sm type ends]

[sm type begins](5) Insofar as the OKW or the Defendant Keitel was

approached by military agencies in individual cases referring to hostage

problems, for example by the Military Commanders in France and Belgium,

the evidence has shown that the “hostages” to be shot were to be

selected from the circle of persons already sentenced to death by virtue

of the law. However, so that this should not be outwardly

recognized—for producing the desired deterrent effect—it was to be

announced that hostages had been shot.[sm type ends]

[sm type begins]The French Prosecution has cited the OKW and Keitel in

connection with this complex by means of Document 389-PS, which is the

same as UK-25, a Führer order of 16 September 1941 drawn up by Keitel.

This document, whose contents are monstrous, does not, however, have

anything to do with the question of taking hostages and the treatment of

hostages. The word “hostages” does not appear in the text. From the

subject and from the contents it can be seen that this is an order

designed to combat the resistance movement in the eastern and

southeastern war theaters, and therefore is related to the basic

principles of the so-called ideological war against the Soviet Union,

which has been already dealt with at another place, and condemned. When

the communication of 16 September 1941 was addressed to the Military

Commander in France by the High Command of the Army for information

purposes the latter had already decreed the so-called “Hostages Law”

(Document Number 1588-PS). Accordingly no causal connection existed, as

the French Prosecution has assumed, between the directives signed by

Keitel and ordered by Hitler in Document 389-PS, and the hostage

legislation in the West. The latter had been decreed without

collaboration or consultation of the OKW. The agency to which the

Military Commanders in France and in Belgium were subordinated was the

High Command of the Army (OKH), and not the OKW; the agency which

specialized in this matter was the Quartermaster General (in the OKH).

With regard to this it must also be considered that at this period of

time Hitler himself was the Commander-in-Chief of the Army, which

explains the above-mentioned references to the OKW. In reality, they

were not references to the OKW, but to Hitler as Supreme Commander of

the Armed Forces and Commander-in-Chief of the Army, which were

partially routed through Hitler’s working staff (the OKW). This however

establishes no competence and thereby no responsibility of the OKW and

the Defendant Keitel as Chief of the OKW.[sm type ends]

[sm type begins]In conclusion I request permission to hand in some

literature to the Tribunal demonstrating present-day opinions pertaining

to international law with regard to the question of hostages for

consideration in the examination of these facts in the case. I limit

myself to reading the summarization of expert opinions and military

practices:[sm type ends]

[sm type begins]“In summarizing it must be said, concerning the

question of taking hostages and the execution of hostages, that

according to existing practices and probably also according to

existing rules of international law, the taking of hostages in

occupied territory is permissible under international law

insofar as hostages are taken in order to guarantee the proper

legal behavior of the enemy civilian population. According to

the commentary by Waltzog, which is standard for the German

conduct of warfare, it is also a formal requirement, whenever

hostages are taken according to unwritten international law

(common law), that such taking of hostages, the reasons

therefor, and in particular the threat of their execution must

be brought to the knowledge of those for whose lawful behavior

the hostages are to go bail. The question as to whether it is

permissible to execute hostages cannot be interpreted

unequivocally. The German jurisprudents of international law,

like Meurer, the Englishman, Spaight, and the Frenchmen, Sorel

and Funck, consider this permissible in the extremes of

emergency, and therefore not contrary to international law.”[sm

type ends]

During the whole course of this Trial, no order made such a deep

impression on the mind of the public as did the Night and Fog Decree.

This was an order which originated during the fight waged against acts

of sabotage and against the resistance movement in France. As a result

of the withdrawal of troops in connection with the campaign against the

Soviet Union, the number of plots aimed against the security of German

troops stationed in France, and in particular the acts of sabotage aimed

at the destruction of all means of communication increased daily. This

necessitated increased activity on the part of the counterintelligence

offices, which in its turn led to proceedings being taken and sentences

being passed by military courts against members of the resistance

movement and their accomplices. These sentences were very severe. In

addition to a large proportion of death sentences, sentences of

imprisonment were also passed. The reports made almost daily during the

situation conferences led to violent disputes in which Hitler, in

accordance with his usual habit, tried to find someone on whom to put

the blame; in this instance he fixed upon the far too cumbersome

handling of military justice. In his spontaneous and explosive way, he

ordered directives to be worked out for a rapid, effective, and lasting

intimidation of the population. He declared that imprisonment could not

be considered an effective means of intimidation. To Keitel’s objection

that it was impossible to sentence everyone to death and that military

courts would, in any case, refuse to co-operate, he replied that he did

not care. Offenses found sufficiently grave to necessitate the

imposition of capital punishment without very lengthy court proceedings

would continue to be dealt with as before—that is, by the courts—but

where this was not the case, he would order the suspected persons to be

brought secretly to Germany and all news of their fate to be withheld,

since the publication of prison sentences in occupied territory was

robbed of its intimidating effect by the prospect of the amnesty to be

expected at the end of the war.

The Defendant Keitel thereupon consulted the chief of the Judge

Advocate’s Office of the Armed Forces and the chief of the

counterintelligence office (Canaris), who is also the originator of the

letter of 2 February 1942, Document UK-35, on the procedure to be

followed. When repeated applications made to Hitler to refrain from this

procedure, or at least not to insist upon complete secrecy, had no

effect, they finally submitted a draft which we have before us in the

well-known decree of 7 December 1941.

The staff of experts and the Defendant Keitel had succeeded in

establishing the competency of the Reich Administration of Justice for

the persons removed to Germany (see last paragraph of directives of 7

December 1941). Keitel had guaranteed this stipulation by means of the

first Enactment Decree governing the directives, in which he specified

(last sentence in Paragraph I, IV) that unless orders to the contrary

were issued by the OKW, the case would be turned over to the civil

authorities in accordance with Section 3, Paragraph 2, second sentence,

of the Articles of War. The defendant believed that in this way he had

at least made certain that the persons concerned would have the benefit

of regular court proceedings and that in accordance with the German

regulations for the accommodation and treatment of prisoners on trial

and prisoners serving a sentence, there would be no danger to life and

limb. Keitel and his staff of experts reassured themselves by the fact

that however cruel the suffering and suspense endured by those concerned

might be, the lives of the deported persons had at least been saved.

In this connection, allusion is also made to the text of the covering

letter of 12 December 1941. As the Codefendant General Jodl stated

during his examination, a certain wording was regularly adopted to

indicate that the signatory did not agree with the order submitted. The

covering letter begins with the words: “It is the carefully considered

desire of the Führer ...”

The closing sentence runs: “The attached directives ... represent the

Führer’s views.”

Persons who received such letters knew from that wording that here was

another order of the Führer which could not be evaded, and concluded

that the order should be applied as leniently as possible.

The letter of 2 February 1942 originated with the counterintelligence

office (Amt Ausland Abwehr), and the original which is before you must

have been signed by Canaris. At that time the defendant was not in

Berlin where, after promulgation of the decree of 7 December 1941, the

matter was dealt with further. Keitel, at the Führer’s headquarters, was

not informed of the contents of the letter. In connection with the above

remarks, the possibility of leniency in application, which might be

deduced from the wording of the letter, resided in the fact that

counterintelligence offices were directed “to insure as far as possible

before making the arrest that they were in possession of sufficient

evidence to justify a conviction of the offender.” The competent

military court had also to be approached before the arrest took place

with a view to ascertaining whether the evidence was adequate.

In Germany the persons concerned were to be handed over to the Reich

Administration of Justice. The correctness of the Defendant Keitel’s

assumption in this respect is borne out by the fact that Canaris, in

view of his attitude with which the Tribunal is familiar, would never

have ordered a prisoner to be handed over to the Gestapo. As already

stated, the Defendant Keitel did not know of the letter of 2 February

1942.

Although the Defendant Keitel believed that he had succeeded as far as

possible in safeguarding those in question, the Night and Fog Decree, as

it was later called, weighed heavily on his mind. Keitel does not deny

that this decree is incompatible with international law and that he knew

that.

What Keitel denies, however, is that he knew—or that prior to the

Nuremberg Trial he knew—that on arrival in the Reich the persons

involved were imprisoned by the Police and then transferred to

concentration camps. This was contrary to the meaning and purpose of the

decree. The Defendant Keitel could not know of this because in cases

which did not involve proceedings by a military court, the competency of

the Armed Forces only extended to turning over the persons concerned

through the competent military court officials to the Police to be

transferred to Germany and there turned over to the Administration of

Justice. The Defendant Keitel is unable to say from his own knowledge

why so many persons were brought into concentration camps and there

subjected to the treatment known as “Night and Fog,” as described by

witnesses who have appeared here. The evidence presented to this

Tribunal must lead to the conclusion that all political suspects who, as

a result of political measures, were removed from the occupied

territories to Germany for detention in concentration camps were without

the knowledge of the military authorities designated “NN” prisoners by

the Police, for according to the testimonies we have heard the majority

of persons in “NN” camps had not been formally sentenced by military

courts in occupied territories for transfer to Germany.

It is evident therefore that Police authorities in the occupied

territories made use of this decree as a universal and unrestricted

_carte blanche_ for deportations, exceeding every conceivable limit and

disregarding the exclusive rights exercised by the military authorities

and the rules of procedure imposed upon them.

Such a state of affairs in the occupied territories without the

knowledge of the Armed Forces authorities can only be explained by the

fact that as a result of the appointment of Higher SS and Police leaders

the military commanders of the occupied territories no longer had

executive powers in Police affairs and that these Higher SS and Police

leaders received their orders from the Reichsführer SS.

The Reichsführer SS and the Higher SS and Police leaders were never

authorized by the OKW to apply this decree, which was intended as a

police executive measure to be used only by the Armed Forces. The decree

affected only those offices of the Armed Forces exercising judicial

authority; and it is clear from the wording that it was restricted to

these and drafted to apply to them.

The German Armistice Commission’s letter of 10 August 1944 (Document

843-PS) proves that the OKW really had no knowledge of this improper

application of the decree of 7 December 1941. It says there:

“... that the basis for arrests seems to have undergone a

change, since in the early stages they were only made in

individual cases of attacks on the Reich or the occupation

forces; in other words, those elements were apprehended who had

played an active part in definite cases”—and who were liable to

punishment under those articles of the Hague Convention which

refer to land warfare—“whereas at present ... numerous persons

are also being deported to Germany who, on account of their

anti-German sentiments, are being removed from France as a

precautionary measure ...”

Paragraph 4 of that letter contains the following passage:

“The above-mentioned decree is based on the condition that the

persons arrested will be made the subject of judicial

proceedings. There is reason to believe that on account of the

number of cases—especially those coming within the scope of

precautionary measures—such proceedings are now frequently

dispensed with and prisoners are no longer confined in the

detention or penal institutions of the German legal authorities,

but in concentration camps. In this respect, too, there has been

a considerable change as compared with the original provisions

of the decree ...”

The OKW’s reply of 2 September 1944, which is signed by Dr. Lehmann,

refers expressly to the directives of the Führer decree of 7 December

1941, the so-called Night and Fog Decree. It contains no statement to

the effect that the original conditions for deportation to Germany were

changed by the OKW.

This reply, however, was sent from Berlin without the knowledge of the

Defendant Keitel; and the Armistice Commission’s letter was obviously

also sent to Berlin, where the legal department of the Armed Forces was

situated. Keitel himself was at the Führer’s headquarters and did not

hear of the correspondence.

It must be admitted that failure to reply immediately to the German

Armistice Commission’s letter of 10 August 1944, with the explanation

that this constituted an abuse of the decree of 7 December 1941 and the

directives issued in connection with it, was a grave omission. An

investigation should have been initiated at once in order to find and

punish those responsible for this abuse. Insofar as the Tribunal should

regard Hitler’s military staff as guilty, the Defendant Keitel accepts

responsibility within the scope of his general responsibility as Chief

of the OKW.

THE PRESIDENT: Perhaps this will be a convenient time to take a recess.

[_A recess was taken._]

DR. NELTE: Mr. President, the Prosecution have charged the Defendant

Keitel with participating in the deportations for the purpose of

obtaining forced labor. In this connection Keitel declares that his

competency did not cover the procurement, recruiting, and conscription

of people in the occupied territories nor did it cover allocation of the

labor forces procured in this way for the armament industry. The

Codefendant Sauckel confirmed this in his testimony of 27 May 1946.

Mr. President, I should like to have official notice taken of the

following statements without my reading them. My colleague Dr.

Servatius, according to our agreement, will explain the connection

between the Armed Forces replacement and the procurement of manpower

through the Plenipotentiary General for the Allocation of Labor.

[sm type begins]The Codefendant Sauckel gave the following testimony:[sm

type ends]

[sm type begins]“Question: You mean by that that the OKW and the

Defendant Keitel had no functions whatsoever appertaining to the

matter of procurement, recruiting, and conscription of labor in

the occupied territories?[sm type ends]

[sm type begins]“Answer: He had no function whatsoever

appertaining to this matter. I got in touch with Field Marshal

Keitel, because the Führer frequently charged me to ask Field

Marshal Keitel to transmit his orders by phone or by

instructions to the army groups.[sm type ends]

[sm type begins]“Question: Did the OKW, and in particular Keitel

as Chief of the OKW, have any function appertaining to the

question of labor allocation in the homeland?[sm type ends]

[sm type begins]“Answer: No; because the commitment of workers

took place in the economic branches for which they had been

requested. They had nothing to do with the OKW.”[sm type ends]

[sm type begins]During the cross-examination by General Alexandrov

documents were presented which, according to the opinion of the

Prosecution, should prove the participation of Keitel and the OKW. In

this connection it must be examined whether and in what way the OKW and

Keitel had participated in the sphere of duty of Defendant Sauckel as

Plenipotentiary General for the Allocation of Labor (GBA). Document

USSR-365, presented by the Prosecution, contains the basic provisions

concerning spheres of tasks and powers of the GBA, the decree of 21

March 1942 about the appointment of Sauckel as GBA, the order of Göring

as Delegate for the Four Year Plan dated 27 March 1942, the program for

labor allocation, and the task and solution as conceived by Sauckel.[sm

type ends]

[sm type begins]These documents give expression to the relationships and

contacts of the GBA with many offices. These relationships and contacts

vary in their nature.[sm type ends]

[sm type begins]The jurisdiction and the official channels in the sphere

of tasks of the GBA are clear: He is the spokesman for the Four Year

Plan (Order Number 3 of 27 March 1942) and he was therefore subordinate

to Reich Marshal Göring and Hitler, who was identified with the Four

Year Plan. The relationships and contacts of the OKW or Keitel with the

GBA and his sphere of tasks, according to the outcome of the evidence

(testimony of Keitel, Sauckel, and the documents) were as follows:[sm

type ends]

[sm type begins]The replacement system for the whole Armed Forces was

under the jurisdiction of the Defendant Keitel in his capacity as Chief

of Staff of the High Command of the Armed Forces (OKW). Losses at the

front were reported to the OKW by each individual branch of the Armed

Forces and at the same time replacements were requested.[sm type ends]

[sm type begins]On the basis of these requests, Keitel submitted a

report to the Führer, according to which replacements had to be procured

for the troops of the various branches of the Armed Forces at certain

designated times by the service commands through their replacement

inspectorates.[sm type ends]

[sm type begins]The replacement inspectorates consequently called up the

recruit year group, besides those draftees who had been deferred up to

that time. With the war progressing, the result was almost invariable

that, for instance, the Armament Ministry (for the deferred employees of

the armament industry), the Ministry for Agriculture (for the deferred

employees of agriculture), the Transportation Ministry (for the deferred

employees working for the railroad), et cetera, made the greatest

difficulties with regard to the demands of the replacement authorities,

and protested against them.[sm type ends]

[sm type begins]They pointed out that the tasks of the various

departments would suffer dangerously if the deferred employees were

removed without further ado. The competent ministers requested that

before the release of deferred employees new workers should be procured

to make up for those released.[sm type ends]

[sm type begins]Therefore, the matter was referred by way of the labor

offices to the Plenipotentiary General for the Allocation of Labor

(GBA), whose task it was to procure the necessary manpower for the

domestic labor allocation required. The Defendant Sauckel as the GBA,

who as a special deputy personally did not have at his disposal an

independent organization of his own for the recruiting, procurement, and

possible conscription of labor, was therefore forced to get in touch

with the competent authorities in the occupied territories for the

execution of his task.[sm type ends]

[sm type begins](a) In the occupied territories under civil

administration (Holland, Norway, East), it was the Reich Commissioner

who had to assist Sauckel.[sm type ends]

[sm type begins](b) In the territories under military commanders

(France, Belgium and the Balkans) it was the Quartermaster General of

the Army.[sm type ends]

[sm type begins](c) In Italy, in the highest instance, it was the

Ambassador, Rahn.[sm type ends]

[sm type begins]This is obvious from the decree of 27 March 1942.[sm

type ends]

[sm type begins]Before Sauckel became active in the execution of his

task in the various territories, he invariably turned to Hitler, whose

subordinate he was with respect to the Four Year Plan, in order to

obtain through his instructions the necessary backing by the local

authorities. This was done in such a way that the order was issued to

the local authorities to give Sauckel the assistance which he considered

necessary for the execution of his task. The Defendant Keitel was not

present at such discussions between Hitler and Sauckel, nor did he have

any jurisdiction or competence in these questions. However, somebody had

to inform the local authorities about Hitler’s orders, and the result

was that Hitler, who did not recognize any difficulties of jurisdiction,

told the next best man to inform the local authorities about Sauckel and

to point out Hitler’s wish to grant him all the necessary assistance.[sm

type ends]

[sm type begins]These “next best” were Keitel, for the military

administration of the occupied territories, or Dr. Lammers, for the

territories under civilian administration.[sm type ends]

[sm type begins]Such was the contact which existed between Keitel and

Sauckel in this matter. How the details of recruiting or otherwise

procuring labor were carried out was not within the competence of the

OKW, nor did they receive any reports on the matter. The interest of the

OKW was limited to the fact that the required number of soldiers were

placed at its disposal through induction by the replacement authorities.

In particular, the OKW and the Defendant Keitel had nothing to do with

the allocation of the labor procured by the Plenipotentiary General for

the Allocation of Labor within war economy; this was solely the business

of the labor offices, where firms requiring labor requested the workers

deemed necessary.[sm type ends]

[sm type begins](1) The name of Keitel stands at the beginning of

Sauckel’s activity, as submitted by the Prosecution, because Keitel was

cosignatory to the Führer decree concerning the Plenipotentiary General

for the Allocation of Labor (Document USSR-365). From repeated

references of the Prosecution to this fact the conclusion must be drawn

that apparently it sees in this cosignatory act of the Defendant Keitel

the beginning of a chain of developments, at the end of which stood such

frightful happenings as were presented here.[sm type ends]

[sm type begins]In this connection I would refer to the significance,

expounded elsewhere, of the cosignature by Keitel as Chief of the OKW on

such decrees of the Führer. This fact, which penally cannot be

considered as determinative, does not constitute guilt for the reason

that all conception of the events occurring during the further course of

developments was lacking.[sm type ends]

[sm type begins](2) If the Führer’s decree of March 1942 provides the

legal origin of the Plenipotentiary General for the Allocation of Labor

(GBA), the first step in the participation of this official is also

connected with the name of Keitel as head of the OKW, as the personnel

replacements matters were subordinated to him and he made his requests

for replacement of losses at the front to the subordinate military

replacement offices. Here also the same applies as in (1), as neither an

appreciable determinative effect nor criminal guilt was involved.[sm

type ends]

[sm type begins](3) Owing to the situation, as characterized by the

shortage of manpower, there came into being a purely factual connection

between the military personnel requirements and the requirements of the

economic replacement of workers, without Keitel thereby coming in

contact with the GBA either as regards competence or orders.[sm type

ends]

[sm type begins]Sauckel confirmed the statement of Keitel that the OKW

had nothing to do with the recruiting, levying, or any other

mobilization of labor, nor with the allocation of the labor procured for

German economy.[sm type ends]

I have to refer to some documents which the French Prosecution have

submitted to incriminate the OKW and Keitel on account of active

participation in deportation. These are Documents 1292-PS, 3819-PS,

814-PS, and 824-PS.

The first document is a marginal note by the Chief of the Reich

Chancellery, Dr. Lammers, on a conference with Hitler, at which the

question of procuring labor for 1944 was discussed. The Defendant Keitel

took part in this discussion. Annexed to this report is a copy of a

letter from the Defendant Sauckel dated 5 January 1944, in which he sums

up the results of the conference of 4 January and proposes a Führer

decree. I quote the following passages:

“5. The Führer pointed out that all German offices in occupied

territories and countries within the Tripartite Agreement must

become convinced of the necessity of taking in foreign labor, in

order to be able to give uniform support to the Plenipotentiary

General for the Allocation of Labor in carrying out the required

organization, propaganda, and police measures.”

Trial of the major war criminals before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, volume 18 · 第 6 / 24 题