Now there appeared before the Court a witness whose testimony was very

incriminating for the defendant. This was the witness Dr. Gisevius. The

defendant refuses to deal with this witness and his statement. He merely

wishes to point out that this statement is untrue in all points which

incriminate him. The conclusiveness of the witness’s statement depends

on whether he is considered to be credible or not. Dr. Nelte has agreed

to deal with this question extensively, so that, in order to avoid

reiterated statements, I shall refrain from further declarations.

Naturally, the assumption of power by the National Socialist Party met

with some resistance, and in particular the leftist parties were

anything but satisfied with the situation thus created. The opponents

were by no means weak either numerically or in the means at their

disposal. The new rulers were, therefore, apprehensive of serious danger

to their power if they allowed the opposition parties to continue their

activity without hindrance; accordingly they had to take preventive

measures against such dangers in good time. In order to stabilize their

own power and to nip in the bud any possible source of unrest, the

Defendant Göring considered it necessary for reasons of state to arrest

at one blow both leaders and officials of the Communist Party and its

organizations. The defendant himself has spoken at length explaining his

reasons for such acts. For the removal of danger and to insure the

safety of the state, the measures taken by the defendant were, for the

Government, a necessity caused by the unrest of the time. Since it was a

preventive measure, it was not requisite before a provisional arrest

that a criminal act against the Government had already been committed or

was obviously on the verge of being committed. The fact of membership in

itself and previous activity in that party was sufficient to warrant

arrest as a political act of self-protection on the part of the

Government.

Such considerations very soon after the assumption of power, led to the

establishment of concentration camps, of which there were two at the

time when the Defendant Göring was at the head of the Police. The

purpose of such camps was to hold temporarily politically unreliable

persons, who might be of danger to the new state, until they had either

adapted themselves to the new political conditions or until the power of

the state had become so great that such persons could no longer endanger

it.

The legal basis of this institution was the Reich President’s decree of

26 February 1933 for the protection of people and state. Reich President

Von Hindenburg issued this decree on the basis of Article 48, Paragraph

2, of the Reich Constitution, in order to prevent Communist armed

risings dangerous to the state; accordingly, the decree was perfectly

constitutional. The decree temporarily suspended certain constitutional

rights and declared legal, among other things, the restriction of

personal liberty.

The establishment and use of concentration camps was founded, according

to the defendant’s ideas at the time, on the revolutionary conviction

inherent in the victorious Movement that it was the sole expression of

historical truth, that it alone represented the right path, and that

therefore everything was wrong that stood in its way.

There was no political discussion of the right political concept based

on logical arguments, as in ideologically neutral liberalism; there was

only the totalitarian establishment of a popular regime based on creed

as the historically necessary truth.

Any person not caught up by this Movement but; on the contrary, opposing

it, was therefore to be removed as an enemy of the true order. Under

such conditions, the person concerned could not simply be punished for

an infringement of specific rules in the traditional course of justice;

but, according to the opinion of the National Socialist Government, he

deliberately segregated himself from the newly found community of the

people and from every foundation for any legal institution. He had

therefore to be removed. There was, accordingly, no question of

punishment but of a political purge based on ideological intolerance.

Therefore no tribunal or administrative procedure was allowed on behalf

of the persons concerned for the examination of the police proceedings.

The individual who excluded himself from the community was not entitled

to legal guarantees which the Constitution provided for his fellow

countrymen. And a fellow countryman was he only who recognized such a

community. In handling enemies of the people not only legal principles

were applied, but also the viewpoint of the necessities of state.

Since it was an act of political expediency, the Defendant Göring could

decide in some cases on his own responsibility that there was no

necessity for further confinement and could use all his influence to

procure the liberation of individuals who did not endanger the security

of the state. In that case it was not a question of an act of grace

breaking through any legal principle, neither was it tantamount to an

acknowledgement of an injustice done to the other persons concerned; it

simply was an act undertaken from the point of view of expediency, each

case being decided on its own merits.

Such principles in handling elements which fail to fit into a

totalitarian political rule are by no means specifically National

Socialist; they also dominate the policy of the victor countries toward

the conquered German population. Anyone who does not obey the newly

arising democratic order in Germany, even anyone of whom an essential

opposition to democracy can be expected because he was grounded in

National Socialism before, is now interned. Whereas—according to

Document R-129 of the Prosecution—21,000 people were in concentration

camps at the beginning of the war in Nazi Germany, more than 300,000

National Socialists and militarists are held in internment camps in the

U.S. Zone alone, according to figures published by the occupation

powers.

A recently published decree of the Länderrat in the American occupation

zone confirms the fact that such acts of political purging are not legal

but political acts. This decree removes from the authority of the

administration of justice and transfers to the authority of the general

administration of the State all workers’ camps in which are interned

Nazis who have been sentenced to forced labor on account of their Party

membership; and this decree is issued because these camps are foreign to

the administration of justice.

Those were the only considerations which influenced the Defendant Göring

when he created concentration camps in 1933 and issued laws concerning

the Secret State Police. These were intended to be, as he conceived

them, a means of cleansing and strengthening the young community of the

people. He did not aim at a definite annihilation of political enemies

but, after a certain period of education, interceded generously for

their release and discharged, at Christmas 1933, about 5,000 and in

September 1934 about 2,000 prisoners.

He vigorously counteracted inevitable abuses and errors which he openly

admitted in the book he published in 1934, intended for the British

public, _The Building of a Nation_. For example, he permitted the

Communist leader Thälmann personally to report to him about his

complaints in the concentration camp and took care to have them

remedied. He dissolved the so-called “wild” camps of Stettin and

Breslau, punished the Gauleiter of Pomerania who had organized this camp

without his knowledge and against his will, and had those responsible

for these “wild” concentration camps brought to trial for their

infringements of the regulations.

This attitude of the Defendant Göring denotes that he never intended the

actual physical annihilation of the prisoners. If the Prosecution

establishes that this was all in execution of a conspiracy which aimed

at committing Crimes against Humanity, such an interpretation has no

bearing on the actual political life during the years in question. Such

a conspiracy did not exist, nor was it the intention of the defendant to

commit crimes against the principles of humanity, nor did he commit any

such crimes. As one of the political trustees of the German Government,

he felt himself bound to safeguard it against dangerous disturbers of

the peace and thereby to guarantee the future of the National Socialist

way of life. Far from looking upon such measures as criminal, he

considered them, on the contrary, to be the inevitable means of

consolidating the political order as a basis of all law.

In 1936 the leadership of the Police, and therefore the management of

the concentration camps, passed from the defendant to the Reichsführer

SS; Heinrich Himmler. The defendant cannot be held responsible for the

subsequent development of the concentration camps nor for the fact that

they became, especially after the outbreak of the war, more and more

gruesome places of torture and death and led—partly intentionally,

partly on account of the chaotic war conditions—to the death of

countless people and finally, in the last days before the breakdown of

Germany, turned into one vast graveyard.

Certainly he knew that there still were concentration camps, also that

the number of inmates had risen because of war tension and that they

contained foreigners because of the expansion of the war machine over

all of Europe; but the terrible happenings which have been disclosed in

this Trial were unknown to him. He knew nothing of the inhuman

experiments which were being carried out on inmates in misinterpretation

of true scientific methods. The testimony of the witness Field Marshal

Milch has shown that the Luftwaffe was not interested in these

experiments and that the defendant personally did not learn anything

specific at all about this matter.

By no means did the establishment of concentration camps as such have

anything to do with the later extermination of Jews, which apparently

originated in Heydrich’s and Himmler’s brains and was kept secret in a

masterly manner until it was disclosed after the collapse as the horror

of Auschwitz and Maidanek.

This brings me to the Jewish question. The Defendant Göring has

explained in detail his views on the Jewish question during his

interrogation as witness; furthermore, he has shown in all detail the

reasons which influenced the National Socialist Party and, after the

seizure of power, the State, to take a hostile attitude toward the Jews.

The defendant is reproached for having promulgated the Nuremberg Laws in

1935, which were intended to keep the race pure, and for having, in his

capacity as Delegate for the Four Year Plan, issued decrees during the

years 1938 and 1939 which had as their aim the exclusion of Jews from

economic life. Furthermore he is blamed for a number of other laws which

meant a one-sided and serious intervention into the legal sphere of

Jews.

The legal reason for this reproach is obscure. For this deals with a

purely domestic problem, namely, the regulation of the legal status of

German subjects; according to internationally recognized legal opinion

at that time, the German Reich as a sovereign state was free to settle

such a matter. Even if these encroachments were harsh and the

limitations of citizenship rights extremely severe, they nevertheless in

no way represent an offense against humanity.

Legal provisions which limit a certain race or a certain circle of

citizens in their legal position have been made by other states without

offense being taken at such measures and without other states

considering themselves bound to intervene. Reich Marshal Göring always

rejected any illegal or violent action against Jews. This is clearly

shown by his attitude toward the action against Jews during the night of

9 to 10 November 1938, instigated by Goebbels, of which he was informed

only after the deed had been done and which he condemned most severely.

In this respect he raised serious objections with Goebbels and Hitler.

On this matter, the precise statements of the witnesses Bodenschatz and

Körner are available. The testimony of Dr. Uiberreither shows how

greatly Göring disapproved of this action. According to the former, the

defendant summoned all Gauleiter to Berlin several weeks after this

incident and in an address sharply censured this violent action, which

was not in keeping with the dignity of the nation and which caused

serious damage to German prestige abroad. That the defendant was no race

fanatic became generally known by his expression, “I decide who is a

Jew.” It has been established sufficiently that he aided many Jews.

About a biological extermination of the Jews he learned only at the end

of the war. He never would have approved such a measure and would have

opposed it with all his might. For he had too much political insight not

to recognize the tremendous and at the same time senseless dangers which

would perforce result for the German people from such a brutal and

horrible act of extermination. Göring had already made it clear in the

above-mentioned speech to the Gauleiter that he did not wish to fall

foul of the world public and world opinion because of the treatment of

the Jews. It is therefore out of the question that Göring should have

approved of such an undertaking or participated therein in any manner,

although it is natural that it should be put to the defendant that he

must have been informed about such horrible measures as the second man

in the State.

Furthermore it is no wonder that the statements of the defendant that he

knew nothing of these atrocities should meet with a certain amount of

distrust. Despite such doubts, however, the defendant insists that no

information about such acts ever reached him.

This ignorance of the defendant, which can be completely understood only

by one familiar with German conditions, may be explained from the

fact—and this is the sole solution of the riddle—that Himmler, as was

also emphasized by General Jodl during his interrogation, knew truly

masterfully how to keep his actions secret, to obliterate all traces of

his atrocities, and to deceive the surrounding world and even his and

Hitler’s closer entourage. In this connection I also refer to the

testimony of the witness Hoess, who confirms Himmler’s instruction

concerning absolute secrecy toward everyone.

The question may come up here: Did not a legal obligation exist for the

defendant to make investigations about this matter and to get reliable

information as to the true whereabouts of supposedly evacuated Jews and

as to their fate? And what legal consequence results if he negligently

refrained from investigating and by such negligence violated his legal

obligation to act, incumbent on him by virtue of his position? The

decision of this extremely complicated question of law and fact may be

considered a moot question, because Göring, even as the second man in

the State, did not have the power to prevent such measures if they were

carried out by Himmler and were ordered, or at any rate approved, by

Hitler.

Mr. President, yesterday I already stated that I still wished to deal

with the Katyn case; and I intend to do so now, before I go on with my

conclusion. I am sorry I was not able to get any translations because

the testimony was only given a few days ago. However, this matter is not

very long. The interpreters have a copy. I shall begin with this report

now.

A detailed opinion has still to be given on the Katyn case, in which the

taking of evidence was concluded only a few days back. The Russian

Prosecution based their indictment on the findings of an investigation

which is set down in Document USSR-54. The following conclusion is drawn

from the entire evidential material as presented:

(1) Polish prisoners of war, who were in three camps west of Smolensk,

were still there in these three camps when the Germans came into

Smolensk, up to and including September 1941.

(2) In the Katyn forest German occupation troops undertook the mass

shootings of the prisoners of war from the aforesaid camps in the autumn

of 1941.

(3) The mass shooting of the Polish prisoners of war in the Katyn woods

was carried out by the German military authorities who had camouflaged

themselves under the code name “Staff of Construction Battalion 537” at

whose head was Lieutenant Colonel Ahrens, together with his

collaborators First Lieutenant Rex and Lieutenant Hodt.

The question is, did the Prosecution prove this accusation? This

question must be answered in the negative. No confirmation of guilt can

be found from the contents of this document. The accusation is made

against a definite military unit and names specific officers. The time

mentioned for the perpetration of this deed is September of 1941. The

Katyn forest is given as the scene of the crime. In view of the scanty

facts, which considerably restricted the accusation, it was merely the

task of the Defense to prove that this assertion would not bear

examination.

First of all, let us consider the persons involved. Colonel Ahrens, who

is obviously the Lieutenant Colonel Ahrens mentioned, is eliminated as

the perpetrator because this deed is said to have been committed in

September 1941, while Ahrens did not take command of Regiment 537 until

the end of November 1941. He arrived only at that time at Katyn and had

never before been in the eastern theater of war. Before Ahrens, Colonel

Bedenck was in command of the regiment and he joined the regimental

staff in August 1941. Before Bedenck, First Lieutenant Hodt took

lodgings in the little Dnieper castle in July 1941, immediately after

the capture of Smolensk. He came with an advance unit of the 537th

Regiment and remained there until the arrival of the regimental staff,

to which he was not yet attached at that time. He was transferred to the

regimental staff only in September 1941, and from that time on he lived

permanently in the little castle.

Special facts which would incriminate Hodt or Bedenck cannot be derived

from the document which has been submitted, and such facts have not been

presented here. Therefore, it is not proved that Bedenck and Hodt could

be considered as perpetrators.

The following circumstances contradict the theory that Unit 537 or any

other military unit had participated in this act. The Polish prisoners

allegedly fell into the hands of the Germans in the three camps west of

Smolensk. Thereby they would have become German prisoners of war. The

fact that they had been captured would have had to have been reported to

Army Group Center. Such a report was not made, as testified by the

witness Eichborn. Considering the tremendous number of prisoners, it is

quite out of the question that anyone could inadvertently have failed to

make a report of that nature. Apart from that, the capture of 11,000

Polish officers could under no circumstances have been concealed from

the Army Group. As results from the testimony of General Oberhäuser, the

Army Group never had any knowledge of this.

From the statements of the two witnesses, Eichborn and Oberhäuser, it

can be concluded that at the time of the capture of Smolensk by the

Germans there could not have been any Polish officers present in these

camps. Moreover, no eye witnesses who saw the officers after that date

were interrogated by the Russian commission. The railroad employee who

was interrogated on this subject knows nothing from his own observation.

Now, allegedly these 11,000 prisoners were taken from the camps to

Katyn. The transport of so many Polish prisoners could not have been

concealed from the Russian population even if the transport had been

carried out most unobtrusively and secretly, nor could shootings on such

a large scale have taken place without the Russian population taking

notice of them.

Even though this little wood was blocked off, at a distance of about 200

meters there was a public highway open to traffic, and this highway was

used daily and to a great extent by the Russian civilian population.

Anything that took place in the little wood of Katyn could be seen from

this highway.

In the direct vicinity of the Dnieper castle there were isolated

homesteads which remained occupied by the owners during the whole time

of the German occupation, and there was constant contact with the

regimental staff. There are no reliable statements and testimony dealing

with either transport or the observation of shootings. The Germans would

hardly have chosen the site on which the graves were found for such a

mass execution. Owing to its situation between the main road and the

regimental quarters, this site was quite unsuitable for such a misdeed.

As I have already stated, there was lively traffic not only on the

nearby road, but also in the direct vicinity of the graves which were

near a small road connecting the regimental headquarters with the main

road. The executions could also have been observed by soldiers who had

nothing to do with it. Even the unit selected to carry out the deed

would have been very unsuitable. A technical unit, such as a signal

corps unit, is the least suitable for such a task.

The witnesses Eichborn and Oberhäuser did not move into these quarters

near the site of the deed until 20 September 1941, and they can only

testify as to what they themselves observed from that date on. But from

the end of July there was an advance unit near the castle and from

August, a regimental staff. It is, however, quite out of the question

that in this span of time or perhaps 6 weeks this act could have been

perpetrated. The few people who were available were so overburdened with

military tasks that in this short time it would have been quite

impossible for them not only to kill 11,000 prisoners, but also to

remove the bodies.

According to the statement of the Prosecution, Russian prisoners of war

allegedly helped to remove the bodies. That has not been proved. None of

the Russian population had ever seen such prisoners. In no case could

all traces of the deed be effaced so quickly and the scene so speedily

cleared that the witnesses Oberhäuser and Eichborn on their frequent

trips to the Dnieper castle would not have noticed some suspicious

signs.

The testimony of the witness who was heard here is not sufficient. He

merely heard a story of such shootings from a certain Menschagin who

cannot be found now. This witness did not make any personal

observations. He himself did not see any Poles. He was told by students

that they had seen Poles but they did not know the number of Poles or

where they were being kept. Testimony which is so scanty in every

respect is worthless, and the testimony given by the two doctors heard

as witnesses is not adequate for use in the sense of the Indictment.

Within the scope of the evidence admitted by the Tribunal, it would not

have been possible to clarify completely all the medical questions which

were decisive for the experts in the facts you have established.

Therefore, the Defense has also refrained from calling a medical expert

to exonerate the defendant.

There is one thing, however, which must not be overlooked in this

connection. The expert opinion obtained by the German Government was

given by 12 members of a commission of leading representatives of legal

medicine from European universities, while the expert opinion referred

to by the Prosecution was deposed by a group of Russian experts only.

The first expert opinion should be given preference since it was

compiled by experts who were completely nonpolitical.

Now, the Witness Professor Markov in his examination went back on the

opinion contained in the report of 30 April 1943. He claims that already

at that time, due to his findings upon making an autopsy on the bodies,

he failed to agree with the report that the shooting took place in the

months of March and April 1940. However, this testimony must be met with

considerable misgivings. The witness could give no plausible explanation

why, in view of his opinion, he did not lodge an immediate protest

against the version of the report of 30 April 1943 or refuse his

signature, nor why, at least, he later...

THE PRESIDENT: [_Interposing._] Dr. Stahmer, you realize, of course,

that you have not offered in evidence the report of this German

commission. You expressly refrained, as I understand it, from offering

the report of the German commission. And you...

DR. STAHMER: Mr. President, that is a mistake. I did not refrain from

doing so. I was not permitted to submit the _White Book_, but I was

permitted to submit the report of 30 April 1943. However, I could not

submit it immediately, for it was contained in the _White Book_ and I

was to have copies made. These copies were made and submitted. I used

some of the passages from the protocol, with the express approval of the

High Tribunal.

THE PRESIDENT: I know you did, and of course if you want to offer it

there will be no objection to your offering it; but certainly I

understood that you were only offering in evidence the parts which you

read to the witness. That, I think, was put to you at the time you were

cross-examining the witnesses on behalf of the Prosecution.

That is what I understood, but if you say that your interpretation was

different and that you want to offer the whole of the report, then the

matter will be considered by the Tribunal, if the Tribunal has not

already considered it.

Are you saying that the Tribunal has already allowed the whole of that

report to be offered in evidence?

DR. STAHMER: Mr. President, unfortunately the book...

THE PRESIDENT: Dr. Stahmer, what you are desiring to offer in evidence

is the conclusion of the report or the protocol or whatever it is

called, is that right? That, I take it, is not a very long document, is

it?

DR. STAHMER: No, Mr. President. May I explain again. I am sorry but I

have not received the transcript of the session. Therefore, I do not

know just what is contained in this protocol; but I do recall—and one

of my colleagues confirmed this to me just now—that at the time I was

permitted to submit the entire so-called report of the commission, and I

quoted certain passages not only from the conclusion but from the whole

report, and with the permission of the High Tribunal I proposed to

submit the entire report later.

THE PRESIDENT: Well, I do not know what you mean by the whole report or

what you mean by the protocol.

DR. STAHMER: Mr. President, may I describe it once more.

This was a rather comprehensive protocol which described the findings of

the investigations. It contained the entire facts of the case and it

concluded with a joint expert opinion. It is composed, as I have stated,

of facts and reasons. It contains, first of all, a very comprehensive

statement in which the facts as they appeared to the experts are

described individually. For instance, that they interrogated the Russian

population on the spot, checked over the site of the graves, held a post

mortem—all of these things were presented by me from the record with

the permission of the High Tribunal.

Mr. President, may I be permitted to make another remark to clarify

these matters? I remember this incident quite particularly because you,

Mr. President, first mentioned it and asked whether I had another copy

of this protocol. I answered, “No, I have only the _White Book_.” Then

that was submitted to the witness, whereupon I suggested that the other

witness be called so that in the meantime I could have a copy made of

this protocol. Then you, Mr. President, thought it had better not be so

but that I should take the book and then submit a copy afterward.

THE PRESIDENT: Well, the Tribunal will look at the record to see exactly

what happened.

DR. STAHMER: As I said, I did not see the transcript myself. If it was

not taken down like that, then the record is not complete. However, I do

remember quite clearly that that is what took place.

THE PRESIDENT: We will continue then.

DR. STAHMER: The statement of the witness is subject to considerable

doubt. The witness could give no plausible explanation as to why, in

view of his attitude concerning the form of the protocol of 30 April

1943, he did not lodge an immediate protest and refuse to sign it or why

he did not at a later date at least acquaint the other experts who

participated with his true scientific conviction.

Through this testimony the German experts’ opinion cannot lose its

weight and become weakened, especially since the other 11 experts

obviously endorsed the statements set forth in this report.

Considering this state of affairs it will not be necessary to set forth

the individual reasons which speak for the correctness of the statements

contained in the German _White Book_ of 30 April 1943.

The time given by the Russian experts for the shooting, that is, the

autumn of 1941, is determined arbitrarily; and it cannot be true in any

case for the corpses wore winter clothing, as the witness Markov noticed

on the corpse upon which he performed an autopsy. The fact that

ammunition for pistols of German make was found in the graves does not

permit the conclusion that this shooting was necessarily carried out by

Germans. In the German _White Book_ it has already been pointed out that

the German factory which produced this ammunition delivered a great deal

to other countries, especially to the East.

In conclusion, it can be said that the task of this proceeding is solely

to determine whether the 11,000 Polish officers were shot after the

capture of Smolensk by the Germans, in other words, that this deed could

have been committed by Germans. The Prosecution have not succeeded in

proving this fact and therefore this accusation will have to be struck

from the Indictment.

Mr. President, I come now to my closing sentences, my conclusion. I

imagine it will take me roughly a little more than 10 minutes and think

it would be best to give this conclusion in unbroken continuity. Either

I will have to speak until after one o’clock; or, if I may be permitted

to make a suggestion, the Tribunal might recess now.

Shall I continue now?

THE PRESIDENT: If you can finish in 10 minutes we will go on until you

finish, Dr. Stahmer.

DR. STAHMER: I will not quite have finished in 10 minutes, and I should

like to point out particularly that I would not like to have to

interrupt my concluding remarks.

THE PRESIDENT: Perhaps if it would be more convenient to you—we will do

whichever you like; we will recess now, if you like. It is a very hot

day and we will recess now if you prefer.

DR. STAHMER: I would prefer to have the recess now. I do feel the heat a

little today, Mr. President.

THE PRESIDENT: Very well.

[_The Tribunal recessed until 1400 hours._]

_Afternoon Session_

DR. STAHMER: I come now to the summary.

In reviewing the personality and life of the Defendant Göring, the

following points must be considered for the appreciation of his actions:

Provided at home with a good educational background and training in

character, he was moulded decisively as a young officer and combat

airman during the first World War, in which he proved his outstanding

worth, receiving the highest award for bravery, the decoration _Pour le

Mérite_. He experienced the collapse of the German war effort as a

consequence of, as he saw it, German treachery from within.

After the rule of the Kaiser had been overthrown, the German people

wanted to give themselves a new constitution on a democratic basis and

then hoped to be able to work their way up again by industry and

perseverance. In this, the confidence in the far-sightedness of the

victor powers of that time, and especially in the 14 points of Wilson,

played a great part. But when the Treaty of Versailles utterly

frustrated these hopes, the Weimar democracy fell into a serious crisis

from which it was not to recover. This, together with the subsequent

world economic crisis, formed the undeniable prerequisite for the fact

that Hitler was able to seize power.

First, the “fight against Versailles” made his rise as a Party leader

possible. Göring, as a witness, described how he agreed with Hitler at

their first meeting that nothing could be achieved by written protests.

The powerlessness of the German democracy had by then become apparent to

the entire world. Göring like Hitler was convinced that Germany

inevitably must become a victim of Bolshevism unless it was possible to

muster against it sufficient defensive strength by the re-establishment

of German self-confidence at home. That Germany was also forced to take

a firm stand against the Versailles powers was a matter of course. In

this Hitler unquestioningly seized upon the fact that Germany belonged

to the West—culturally, economically, and also politically. He believed

that the Bolshevist danger, which in the first place was directed

against Germany, would ultimately also threaten the Western countries.

Therefore he was of the opinion that he would be able gradually to gain

their recognition and support if he took up the ideological struggle

against the East.

From this basic attitude alone is it possible to explain his entire

policy until the actual collapse. One may rightly condemn it today as

having been a failure from the outset, but one cannot ignore the fact

that initially certain things in the development clearly seemed to

justify it. And this explains how Hitler succeeded in making an

ever-increasing part of the Germans his followers.

Göring firmly believed that salvation could come only through Hitler. He

recognized in him the born national leader who knew how to influence and

to guide the masses and whose hypnotic willpower shrank before no

obstacle. He realized that under a democratic constitution only such a

man of demoniacal demagogic talent was able to prevail. And therefore he

joined him.

Because Göring was a true and honest German, inspired only by love for

the fatherland, he did not even think of using Hitler only as a tool for

his own advancement. On the contrary, he took it upon himself from the

beginning to recognize in him the man who alone decides, in other words,

the Führer, and to be satisfied with a subordinate role. Therefore the

famous Air Force captain and holder of the order _Pour le Mérite_ did

not hesitate to swear the oath of allegiance to the then still unknown

Hitler, an oath which was to hold good for the rest of his life and

actually did so. It is tragic that a struggle such as that led by Göring

and Hitler could be so completely misunderstood as to be considered from

the very outset as a conspiracy for the purpose of committing crimes.

His aim was at first directed towards freeing Germany from the shackles

of the Treaty of Versailles. It is true that the Weimar Government had

made repeated attempts to be released from the most onerous obligations

of this treaty. However, Germany was not successful in her endeavors for

a revision. No progress was made by negotiating. Did not international

law appear to be only an instrument in the hands of the victors of

Versailles to keep Germany down permanently? Was it not still true in

the world that might came before right and that the Germans would

achieve something only if they had the courage to shake their fists?

Such considerations appear absolutely understandable from the situation

of that time. To construe from them a proof for the conspiracy alleged

by the Prosecution would mean a complete misunderstanding of the facts.

Actually, the development after 1933 seemed at first to prove Hitler

completely right. He easily achieved with his methods much more than—if

given voluntarily—would have kept the Weimar Government in power.

From the willingness of the foreign countries not only to conclude

treaties with Hitler—such as the Naval Agreement of 1935 and the Munich

Pact of September 1938—but also to participate to the end in the Party

rallies, the German people could only conclude that Hitler had chosen

the correct road for reaching international understanding. This

impression and this judgment were absolutely correct until the fall of

1938. Had Hitler afterwards observed loyally the Munich Agreement, then

he would probably have stayed the arguments for the “stop” policy which

was initiated against him. Not only would peace have been maintained,

but Hitler could also have harvested the fruits of his domestic and

foreign policy pursued until then and recognized by all powers.

Basically, the argument today centers only on the question of whether

the developments since then and their catastrophic consequences should

be charged solely to him or to others. All Germans who followed Hitler

at any time and in any way are accused. For the prosecutors

maintain—above all those who put no trust in him from the outset and

who denied the legitimacy of his government from the beginning—“It was

to be foreseen that he would end as he did!” Therefore, everyone who

supported him at any time and in any way also shares in the guilt.

To this accusation it must be objected that retrospectively it invests

the sad results with an inevitability which would destroy all belief not

only in freedom, but also in the wisdom of man. Of course Hitler himself

did not desire the end as it came. He often enough announced at the

beginning that he was not out for the laurels of war but that he would

like to devote the rest of his life to peaceful constructive work. From

a truly objective point of view, one can reproach him only for not

having limited his aims when he could no longer believe in their

achievement by peaceful and humane means.

If by such means only those are to be understood which renounce force of

any kind, then there would have been no need for him to go his own way

and seek a new solution. A certain play with force, as long as it did

not get out of hand, will, therefore, have to be conceded to him. Where

it got out of hand can only be determined, for lack of other proof, by

the results which he actually caused with his policy. He certainly did

not foresee and intend the bad results. However, it must be considered

his fault that he did not accept the lesson of his failures but allowed

himself to be goaded to still greater extremes. But how much of this

guilt can and may be charged also to his followers?

Whoever did not reject Hitler’s methods, and thereby him personally,

from the very beginning as illegitimate, found it difficult to recognize

where the political aims set by Hitler ceased to provide justified

reasons for his measures, and where beyond that the policy became a

crime. The dividing line in this respect was from the standpoint of the

purely German legal conception probably considerably different from that

of other nations or even the world. For the latter, for example, were

hardly interested in the maintenance of the Weimar constitution and the

basic rights granted by it to the individual German. Its violation,

therefore, up to the second World War has never caused other states to

intervene with the German Government. On the other hand, once the war

had broken out, the Germans were forced to put German interests above

their sympathy for members of other, especially enemy, states. Each

believed himself to be doing enough if he took care in his sphere to see

that unnecessary harshness was avoided. To revolt against orders from

the highest German authority would not only have been completely

senseless and hopeless, but, until shortly before the bitter end, it

would also have been a violation of German legality and thereby a

punishable offense. Reproaches for failure to revolt can, therefore, be

made only if the breach of formal legality, without consideration of the

immediate practical effect and only for the sake of the principle—which

is the attitude of a revolutionary—could be defined as a legal

obligation.

The consequences of such a conception are so far from the point that

they cannot be considered seriously at all, because hitherto existing

international law was primarily based on the principle of unlimited

sovereignty of the states. No country has been willing to submit vital

and decisive questions to the judgment of others, no matter to how great

a majority or to however independent a tribunal. And now every

individual citizen of such a sovereign state was to have had not only

the right but even the duty toward the other nations or humanity to

rebel against the legal system of his own country because it violated

the rights of man and humanity? Such an imposition, made retroactively,

pronounces its own sentence. It would place the autonomy of the

individual above state sovereignty. Thereby the power of the individual

person would not only be immeasurably overestimated, but this would also

necessarily lead to the breaking of the last ties of traditional order,

to anarchy.

To this way of thinking Göring virtually represents the exact opposite

pole. Just as others went to war in order to fight against war as such,

he became a revolutionary in order to restore honor to the concept of

loyalty. Thus, having once cast his lot with the Führer, he stood by him

when he had already lost the latter’s confidence, in fact, even after he

had been sentenced to death by Hitler. He remained loyal until today, in

spite of everything, by excusing Hitler again and again. To many this

may appear incomprehensible, and many may see in it a sign more of

weakness than of strength. But this loyalty reveals his whole

personality. Göring has occasionally been described as a late

Renaissance type; and there is something in that. Although of high

intelligence, he allowed himself to be guided in his actions less by

reason than by the dictates of his warm heart.

Such a man expresses himself of necessity in a way that is primarily

subjective. He does not look upon the people surrounding him and upon

others impassionately as factors to be reckoned with; but he feels,

above all, what effect they have on him and how they challenge his

approval or disapproval so that he finally makes his personal reaction

to them the basis for his over-all judgment.

But still, as can be seen from the statements of Generaloberstabsrichter

Dr. Lehmann, he always endeavored to be just and to lend an ear to

sensible arguments. He always kept himself free from doctrinal

prejudices. As a soldier, he always endeavored to do the right thing in

each case. His decisions on points of law as well as his social

interest, which General Bodenschatz testified to among other things,

show his earnest moral sense of responsibility. His attitude toward all

criminal acts directed against the honor of women are proof of his

chivalry. But in all this he is not guided by a dogma but by his

spontaneous common sense, _ergo_ not by intellect, but by life. From

actual life he derives his ideas and the values which determine his

actions.

Therefore the Führer and the oath of loyalty he had taken to him meant

everything to him and were the substance of his life. Ambassador

Henderson had judged Göring correctly, when he wrote about him:

“He was the perfect servant of his master, and I have never seen

greater loyalty and devotion than he maintains toward Hitler. He

was recognized as the second power in the country, and always

gave me to understand that he was Hitler’s natural successor as

leader. Men in secondary places often tend to emphasize their

own importance. In all the open discussions in which I engaged

with Göring, he never spoke of himself or the great part which

he had played in the Nazi revolution; Hitler had done

everything, all confidence was confidence in Hitler, every

decision was Hitler’s and he himself was nothing.”

This judgment still applies today. But his loyalty became his disaster.

For him a world had gone to rack and ruin. He certainly recognized many

a mistake of the past, but he did not show the repentance which many

would have liked to see in him. He thereby remains loyal to himself as

well. And this completes the picture of his character.

In a period still threatened by chaos, in which men are again searching

for a firm foundation for life, the positive value of such loyalty

should not be ignored.

THE PRESIDENT: Dr. Seidl, I understand that you have not had your speech

translated into any of the languages. Is that so?

DR. SEIDL: Mr. President, I told the General Secretary yesterday the

reasons which made it impossible to have the speech translated. However,

I have given the Language Division the text in German; and I was told

that the German text would be a big help in carrying out the translation

as quickly and as accurately as possible.

THE PRESIDENT: Well, the Tribunal has already pointed out to you, many

days ago, that it is very inconvenient to them not to have a copy of the

speech before them. If you propose to make a speech, they will do the

best they can to appreciate it. It makes it very much more difficult and

very much more inconvenient not to have the speech translated.

DR. SEIDL: I shall see to it that the translation is made as quickly as

possible for the case of the Defendant Frank.

THE PRESIDENT: Very well; go on.

DR. SEIDL: Mr. President, Gentlemen of the Tribunal, when in 1918 the

German Army, after more than 4 years of heroic struggle, laid down arms,

this was done in confidence of the assurances repeatedly given by

President Wilson in 1918. In his speech before Congress on 8 January

1918, the President of the United States of America, in 14 points, had

demanded among other things...

THE PRESIDENT: [_Interposing._] Dr. Seidl, the Tribunal has already

intimated, as you must know, that the question of the 14 points and the

question of the justice of the Treaty of Versailles is irrelevant. They

do not propose to listen to it. You have been told that before, and many

documents have been rejected which dealt with this subject.

DR. SEIDL: Mr. President, I do not intend to comment on the question of

whether the Versailles Treaty is just or not. The point is this: The

Prosecution have submitted the Versailles Treaty in evidence. They made

the Versailles Treaty the main point of the Indictment especially as

concerns Count One of the Indictment.

My investigation aims at the following: First, was the Versailles Treaty

formed legally? Second...

THE PRESIDENT: I spoke only of the injustice of the Versailles Treaty.

But it is even more irrelevant to question whether the Versailles Treaty

is a legal document or not. We do not propose to listen to your

contending that the Versailles Treaty is not a legal document. There are

plenty of matters which are of material moment for your client which you

have to discuss before us, but that is not one of them.

DR. SEIDL: Mr. President, I cannot leave the Tribunal ignorant of the

fact that the Versailles Treaty and its consequences, especially the

causal relationship with the seizure of power by National Socialism,

form a considerable part of my speech and it will be...

THE PRESIDENT: Dr. Seidl, I have told you that the Tribunal will not

listen to your contending either that the Versailles Treaty was not a

legal document or that it was in any way unjust. On those topics we do

not propose to hear you.

DR. SEIDL: Then I must construe the attitude of the Tribunal to mean

that I will not be permitted to speak of the consequences of the

Versailles Treaty, and particularly about the connection which these

consequences had with the rise of the National Socialist Party and with

the seizure of power by Adolf Hitler and the co-defendants.

THE PRESIDENT: Look. The Versailles Treaty is, of course, a historical

fact; and the Tribunal cannot prevent you from referring to it as a

historical fact. But as to its justice or as to its being a legal

treaty, the treaty which Germany signed, you will not be heard.

As you have not laid your speech before us, we do not know what you are

going to say. But we will not listen to that sort of argument.

DR. SEIDL: Then I shall begin on Page 6 of the German manuscript, with

the second paragraph.

Thus the struggle for the revision of the peace “Dictate” of Versailles

began at the moment when it was signed. In the program of the National

Socialist Labor Party of Adolf Hitler, this struggle against the

Versailles peace “Dictate” and for its revision assumed a place far

surpassing all other demands and considerations. It was the leading

thought by which the whole inner-political activity of the Party was

guided and which, after the seizure of power, was to form the basis for

all foreign political considerations and decisions.

One of the first fellow-fighters of Adolf Hitler was the Defendant

Rudolf Hess. Like Hitler, he was also a front-line soldier in the first

World War. As a volunteer he joined at the outbreak of the war, and he

had risen to the rank of infantry lieutenant when he was wounded in

Romania. Incapacitated for the infantry through this wound, he enlisted

in the Air Corps.

After the armistice, he fought with various volunteer corps. But in

1919, after the conclusion of the Versailles Peace Treaty, he had to

recognize that the victors did not really desire a peace based on

justice and a corresponding adjustment of interests. As could be

expected, the terms of the Peace Treaty of Versailles, and especially

the burden of the reparations on the already seriously affected German

economy, had to have...

THE PRESIDENT: Dr. Seidl, it may be difficult for you to cut out of your

speech the various references to the topics which I have referred to;

but you must kindly try to do it. For if you continue to refer to the

topics to which I have referred, namely the justice or the legality of

the Treaty of Versailles, the Tribunal will have to stop your speech and

go on with some of the other defendants.

DR. SEIDL: Mr. President, the subject I was just dealing with was not a

question of justice or legality but a question of the consequences and

referred to the investigation of the causal connection. If the

Prosecution, in weeks of presenting evidence, showed how the rise of the

National Socialist Party came about and how the numbers of its mandates

increased...

THE PRESIDENT: Dr. Seidl, those are all facts which the Prosecution is

perfectly entitled to prove. What you are now referring to is an

argument that certain clauses of the Versailles Treaty were unjust. And

that is an argument which the Tribunal is not prepared to listen to. It

is not a statement of fact; it is an argument.

DR. SEIDL: Of course, it is an argument...

THE PRESIDENT: I have said that it is an argument we are not going to

listen to. If you do not understand what I mean, you will have to stop

continuing your speech. Do you understand that?

DR. SEIDL: Page 8, then, if you please.

When in 1925 the Party was founded anew, Rudolf Hess was once more one

of the first...

It is impossible, Mr. President, to continue my speech, because all the

following statements are concerned with the question: What did the

Defendant Hess do up to the seizure of power? And I must say and have

said that the mainspring of his activity within the Party and the German

people consisted in achieving a revision of the Versailles Treaty and

its most unbearable terms. This is the very question of the whole

National Socialist movement up to 1933.

THE PRESIDENT: If you confine yourself to statements of fact as to what

the Defendant Hess did, there will be no objection to it at all. But as

I said, if you make arguments that the Treaty of Versailles is illegal

or unjust, the Tribunal will not hear you.

DR. SEIDL: I shall continue, and I ask you, Mr. President, since I do

not know the exact limits which I may not transgress, to interrupt me if

I should again touch upon a subject which in the opinion of the Tribunal

refers to the justice of the Versailles Treaty and...

THE PRESIDENT: Dr. Seidl, you know perfectly well the limits which have

been laid down by the Tribunal many weeks ago as to the question of the

justice or the injustice of the Treaty of Versailles. There has been a

great number of documents rejected on the ground that they dealt with

the justice or the injustice of the Treaty of Versailles, and you must

have known that perfectly well.

DR. SEIDL: Then I ask the Tribunal to tell me whether I am permitted to

make statements to the effect that the economic deterioration,

especially the great unemployment, resulted from the reparations clauses

of the Versailles Treaty and the refusal of the victorious powers of

1919 to change this reparations policy.

THE PRESIDENT: You may certainly state what the condition of Germany

was. That is a matter of fact.

DR. SEIDL: Then I shall again begin on Page 8.

When in 1925 the Party was founded anew...

THE PRESIDENT: Dr. Seidl, the Tribunal is perfectly familiar with this

type of argument; I mean, we are not going to lose sight of the

argument. We know all about the argument; we do not want to hear it. We

think it is entirely irrelevant.

Can’t you go on to other passages of your speech which are important for

the Defendant Hess? As I have said, there are a great many matters of

which evidence has been given by the Prosecution and which have been

answered by the Defense; and upon those matters we desire to hear you.

DR. SEIDL: I shall then begin on Page 10, with the second paragraph.

If, therefore, the National Socialist Party achieved a great victory in

the Reichstag elections of 14 September 1930, and entered the new

Reichstag with no less than 107 delegates, then that is at least due to

the economic crisis of the time, to the great unemployment and so

directly to the reparations stipulations, contrary to all economic

reason, of the Versailles Treaty and the refusal of the victorious

powers, in spite of urgent warnings, to agree to a revision. It is

true...

THE PRESIDENT: [_Interposing._] Dr. Seidl, you know that is again an

argumentative statement, that the Treaty of Versailles was unfair and

that the victorious powers had failed to recognize the essential justice

of Germany’s case or something of that sort. If you can’t adjust your

speech to what I have laid down, we shall have to ask you to recast the

whole speech.

DR. SEIDL: Then I shall turn to Page 11, second paragraph. No, I shall

turn to Page 12.

When the German people, in compliance with the Peace Treaty of

Versailles, had disarmed, it had a right to expect that the victorious

powers would also...

THE PRESIDENT: [_Interposing._] One moment, Dr. Seidl, as you don’t

appear to be capable of recasting your speech as you go along to accord

to the Tribunal’s ruling, the Tribunal will not hear you further at this

stage. It will go on with the next defendant’s case. You will then have

the opportunity of recasting your speech, and you will submit your

speech for translation before it is presented, and I would explain that

this is the reason why the Tribunal does not propose to hear you upon

these matters. They are irrelevant to the issues that the Tribunal has

to try. If they were in any way relevant to the charges which are made

against the defendants in the Indictment, the Tribunal would of course

hear them; but they are, in the considered opinion of the Tribunal, in

no way relevant to the charges upon which the defendants are being tried

and therefore the Tribunal do not propose to hear them. The justice of

the Treaty of Versailles has nothing to do with whether or not the war

which was made by Germany was aggressive. It has nothing to do with the

war crimes with which the defendants are charged, and therefore, it is

irrelevant and for that reason we don’t propose to hear it. Now, as I

say, as you are unable apparently to recast your speech, you will be

given an opportunity of recasting it in private; and you will then

submit it for translation and you can then deliver it. And now we will

go on with the case against the Defendant Ribbentrop. Dr. Horn, you are

ready to go on, are you?

DR. HORN: Mr. President, I have just heard that the translations are

being brought up. Perhaps I may wait until the translation gets here?

THE PRESIDENT: I think you might go on. We can hear what you say and

take it down.

DR. HORN: Mr. President, Gentlemen of the Tribunal: “All great upheavals

in the history of the world, and especially of modern Europe, have at

the same time been wars and revolutions.”[A]

-----

[A] Halévy

-----

We are in the midst of such an upheaval. It is by no means concluded as

yet. To select isolated events in order to submit them to a judicial

appraisal is not only almost impossible but entails the danger of a

premature judgment. Let us make no mistake about it; we are not judging

here a local crisis the causes of which are limited to a certain part of

Europe. We have to form a judgment about a catastrophe which touches

upon the deepest roots of our civilization.

The Prosecution has laid down strict measures in judging certain

national and international events. Germany is greatly interested in the

development of law and justice if its general application leads to an

improvement of international morals. This Tribunal has the high task not

only of passing judgment on certain defendants, disclosing the causes of

the present catastrophe, but at the same time of creating norms which

are expected to be adopted universally. No law should be created that is

only applied to the weak. Otherwise we would foster the danger that

again all national efforts would be directed to develop more fully the

power of resistance and thereby make war still more merciless than the

one on which judgment is to be rendered here.

In taking these thoughts as a basis I beg to present to the Tribunal the

case which I represent.

Herr Von Ribbentrop is being considered among the conspirators as the

man mainly responsible for the foreign political and diplomatic side of

an alleged conspiracy, which is supposed to have had as its goal the

preparation and execution of aggressive wars. It is my primary task to

determine, on the basis of the results of the evidence, when a case

constitutes an attack in the meaning of international law and in which

cases aggressive wars were waged.

The concept “aggressive war” is not exhausted in the proposed formal

judicial definition by the American and British prosecutors but has,

above all, a material basis.

Only the knowledge of these premises permits the adoption of an attitude

which can serve as a basis for the decision of the Tribunal. I am,

therefore, deferring the discussion of the problematic aspects of

aggression and aggressive wars until, after having described the German

foreign policy and Herr Von Ribbentrop’s role therein, I shall have

submitted to the Tribunal the evidence for consideration.

As the Tribunal intends to consider the matter in the light of criminal

law, I shall especially examine to what extent Herr Von Ribbentrop

hindered or furthered the foreign political decisions during the time of

his official activity.

Herr Von Ribbentrop’s first step into international politics and his

first move in the international game of power was successfully

accomplished when he concluded the Naval Agreement between Germany and

England in 1935. The circumstances under which this treaty came into

existence are as significant for the political problems of those years

as they are characteristic for judging the personality of Von Ribbentrop

and his further political development. This treaty—as is known in

informed quarters—came about under exclusion of the official German

diplomacy. The then German Ambassador in London, Von Hoesch, and the

Wilhelmstrasse were very skeptical toward this project. Neither Hoesch

nor the Wilhelmstrasse believed that England was inclined toward

concluding such a treaty, which contradicted the terms of Part V of the

Versailles Treaty as well as her previous attitude as displayed at the

different disarmament conferences. Furthermore they did not believe that

such an agreement could materialize a few weeks after the Council of the

League of Nations had declared the restoration of German military

sovereignty to be a breach of German obligations; and England, France,

and Italy had met at Stresa in order to counteract this German step. And

much less did they believe that a successful conclusion of such a

far-reaching treaty, with its fundamental significance, could be

achieved by an outsider like Herr Von Ribbentrop.

The consequences resulting from the conclusion of this treaty were as

significant as they were far-reaching. Herr Von Ribbentrop, who came

from the Party, rose greatly in Hitler’s esteem. In turn, however, the

relationship between Herr Von Ribbentrop and the conservative diplomatic

corps became more and more difficult. This nominal ambassador who had

managed to acquire Hitler’s confidence was distrusted because his

activity could not be controlled by the Foreign Office.

From the conclusion of the Naval Agreement onwards, Hitler began to see

in Herr Von Ribbentrop the man who could help him in the fulfillment of

his pet wish—and also, we may say, of that of the German people—to

achieve a general political alliance with England. The inclination to

realize these intentions had practical as well as ideal motives.

The practical motives can be condensed into the short statement that it

is the misfortune of our nation and of all Europe that Germany and

England were never able to understand each other, in spite of earnest

attempts on the part of both countries during the last 50 years. The

ideal motives were grounded in Hitler’s indisputable preference for many

approved internal institutions of the British Empire.

Politically the Naval Agreement represented the first important break

with the Versailles policy as sanctioned by England with the final

approval by France. And thus the first actual and practical armament

limitations were put in effect after many years of fruitless

negotiations.

Simultaneously with all these factors a generally favorable political

atmosphere was created. The Naval Agreement and its effects may also

have been the reason for Hitler to appoint Herr Von Ribbentrop

Ambassador to the Court of St. James the following year, after the death

of Hoesch.

However surprisingly fast Herr Von Ribbentrop succeeded in concluding

the Naval Agreement, in offering a general alliance to England he had

not the slightest success. Was it the fault of Herr Von Ribbentrop’s

diplomacy or the basic difference of interests?

Whoever is familiar with Anglo-Saxon psychology knows that it is not

advisable to pester these people at once with proposals and requests.

Germans, at first sight, may recognize many common traits in the

British, but upon closer observation profound differences will be noted.

Both nations have their roots in a different soil. Their spiritual

heritages have different sources. The deeper the Germans and the British

penetrate, the greater will appear the difference in their faith and

their mentality. The deeper the British and the French penetrate into

one another’s nature, the more they will find in common with each other.

These harmonies between the British and the French were still further

enhanced in the past 50 years through the affiliation of their political

interests.

In the course of modern history England has always had the desire to

ally herself with a continental military power and has sought and found

the fulfillment of this interest, depending on the direction of British

aims, sometimes in Vienna, sometimes in Berlin, and from the beginning

of the 20th century in Paris. England’s interests, at the time of Herr

Von Ribbentrop’s activity as Ambassador, did not demand a departure from

this line. This was supported by the basic British attitude that Great

Britain did not wish to commit herself on the continent. From the Thames

the complications which lay dormant beneath the surface on the continent

were clearly seen. Added to this was the fact that authoritative men in

the Foreign Office were still thinking too much in terms of a policy

conducted at the turn of the 19th and the beginning of the 20th century.

This thinking was still, now as then, directed towards an alignment with

France.

The voices of those who advocated closer contact with Germany were

negligible, their political weight succumbed to that of the opposition.

To this were added the difficulties which resulted for Herr Von

Ribbentrop from Germany’s participation in the Non-Intervention

Committee, which at that time met in London in order to keep the powers

out of the Spanish civil war.

The Prosecution raised the question of how Herr Von Ribbentrop regarded

German-British relations on his departure from London as Ambassador. The

answer to this will best be furnished by Document TC-75, which contains

the views of Herr Von Ribbentrop on the then prevailing foreign

political situation of Germany and on the future possibilities of

German-British relations.

In this, Herr Von Ribbentrop presupposes that Germany does not want to

bind herself to the _status quo_ in Central Europe. It is his conviction

that the implementation of such foreign political aims will necessarily

force Germany and England “into different camps.” For this reason he

advises the formation of alliances, loose at first, with powers having

similar interests (Italy and Japan). Through this policy he hopes to

engage England at the danger points of her Empire and still to keep the

door open for an understanding with Germany.

Herr Von Ribbentrop then deals with the question of Austria and the

Sudetenland. According to his conviction at that time, England will not

in either of these questions give her consent to a modification of the

_status quo_, although she might be forced through the power of

circumstances to tolerate a solution of these questions.

A change through collision with vital French interests of the _status

quo_ in the East will, however, always cause England to become an

opponent of Germany in a conflict of such nature. Herr Von Ribbentrop

held this conviction not only in 1938 when this document was penned;

but, contrary to the assertions of the Prosecution, warned Hitler of

this danger even before and at the outbreak of the second World War.

From this document it follows also that Herr Von Ribbentrop did not, as

was asserted here, depict the British to Hitler as a degenerate nation,

for he says in this document quite clearly that England would become a

hard and keen opponent to the pursuance of German interests in the

Mediterranean.

This conception of Germany’s foreign political situation at that time,

as expressed in Document TC-75, evidently agreed with Hitler’s ideas

inasmuch as in the course of the Fritsch crisis Herr Von Ribbentrop took

over the Foreign Ministry in place of the resigning Herr Von Neurath.

According to Herr Von Ribbentrop’s testimony, Hitler asked him upon

entering his office to assist him in solving four problems. These were

the Austrian, the Sudeten German, the Memel, and the Danzig and Corridor

questions. As shown by the evidence this was not a secret understanding

which was arrived at by the two statesmen.

The Party program contains, in Point 3, the demand for revision of the

peace treaties of 1919. In a number of speeches Hitler repeatedly

pointed out the necessity of fulfilling these German demands. Reich

Marshal Göring testified here that in November 1937 he explained to Lord

Halifax the necessity of solving these questions and said that they were

an integral part of German foreign politics. He also clearly expounded

these goals to the French Minister Bonnet. Herr Von Ribbentrop therefore

put his energy into the attainment of goals which were known and which

beyond that resulted, of necessity, from the dynamic situation at that

time prevailing in Central Europe due to the strengthening of the Reich.

How much or how little freedom of action Herr Von Ribbentrop had as a

minister in the solution of these questions, I shall explain in

connection with my statement on the participation in the conspiracy of

which the defendant is accused. Only this much may be said here: That,

as was proven by evidence, with the dismissal of Herr Von Neurath, the

decisive authority in the field of foreign politics was also

concentrated in Hitler’s hands. Herr von Neurath was the last Foreign

Minister who under the regime of National Socialism at first retained a

decisive influence on foreign politics as a Foreign Minister, which

influence, however, due to the increasing power of the regime, he had to

surrender more and more to Hitler’s aspirations towards totality.

In the selection of Herr Von Ribbentrop, a man of Hitler’s own liking

became Foreign Minister. Outside of all formalities of state law and

jurisdiction, every government without a doubt has a strong component in

the purely personal relations among the rulers themselves. Seen from

this point of view, it is necessary for the understanding of certain

actions and of recent history to look into the relations between Hitler

and Herr Von Ribbentrop.

Herr Von Ribbentrop, a well-to-do man of nationalist leanings, saw that

Hitler and his Party strove for goals which corresponded with his own

ideas and feelings. Herr Von Ribbentrop’s ideas about the foreign

countries visited by him aroused Hitler’s interest. Hitler’s personality

and political convictions developed in Herr Von Ribbentrop a form of

loyalty, the final explanation of which one can perhaps find in the

effects of the power of suggestion and hypnosis.

Let us not be oblivious to the fact that not only Herr Von Ribbentrop

but also countless people within and beyond Germany’s borders fell

victims to this power. What in this courtroom is to be considered by the

standards of law, after all finds its final explanation only from the

point of view of mass suggestion and psychology, to say nothing of the

pathological forms of these phenomena. This task may be left to the

sciences concerned.

As an attorney—and only as such do I have to evaluate the results of

the evidence—I shall, with the permission of the Tribunal, after

clarifying this aspect, present the role of Herr Von Ribbentrop within

the alleged conspiracy for the plotting of wars and acts of aggression

in violation of treaties.

Herr Von Ribbentrop had not been Foreign Minister for 10 days when he

was called upon by Hitler to participate in the conference with the

Austrian Chancellor and his Foreign Minister on 12 and 13 February 1938

in Berchtesgaden. Evidence presented in court has confirmed the fact

that questions involving Austria especially were exclusively Hitler’s

own concern. The then Ambassador Von Papen reported directly to the head

of the State. Herr Von Ribbentrop had no influence whatever upon the

activities of the Party in Austria nor in the Southeastern territory. My

client alleges to have been informed only very rarely and not officially

about its activities there.

The former Austrian Foreign Minister, Dr. Guido Schmidt, testified here

that Herr Von Ribbentrop did not participate in the decisive conference

between Hitler and Schuschnigg. During the other conferences he did not

conduct himself in the Hitlerian “style” and created the impression on

the witness of not being informed, which in a certain measure was due to

his late activity in London and his only recent appointment as Foreign

Minister. From this inoffensive conduct of Herr Von Ribbentrop the

Prosecution have drawn the conclusion that it was a maneuver agreed upon

between Hitler and himself. They insist upon seeing in Herr Von

Ribbentrop’s conduct a typical sign of what they characterize as “double

talk.” Must not the indisputable dates and facts with regard to Herr Von

Ribbentrop, the impression of the witness Schmidt resulting therefrom,

my portrayal of Ribbentrop’s position as Minister, his lack of

information on the long-planned preparations with respect to Norway and

Denmark, and other undeniably proven facts give cause to raise the

question whether Herr Von Ribbentrop did not participate in decisions of

foreign policy to a far lesser degree than is contended by the

Prosecution?

In the question of the Anschluss, at any rate, he did not, as the

evidence proves conclusively, play a decisive part. To him Austria was a

country, mutilated by the Treaty of St. Germain, which on sound

principles could hardly subsist and which once shared a common destiny

in history with a greater Germany. The National Socialists were not the

first to awaken Austria to the thought of a union with Germany. This

thought had ripened in the German element of the Hapsburg monarchy since

the revolution of 1848, which aimed at a democratic Greater Germany.

After the downfall of the monarchy the Social Democrats continued to

fight for it for ideological and material reasons. In fact, they saw in

the Weimar state their spiritual offspring. The economic distress

resulting from the destruction of the Danube area as an economic entity

nurtured the thought of a union with the Reich, which was in a better

economic position.

In this fertile soil the National Socialists were able to cultivate the

Anschluss idea. In any event the prerequisites for an Anschluss with

Germany were created when support for Austria by Italy ceased, due to

the rapprochement of the latter toward Germany on account of the

Abyssinian conflict. The further reasons that contributed to the

Anschluss and its justification will be fully presented by my colleague

Dr. Steinbauer.

Reich Marshal Göring testified here that the Anschluss in its close

form, as laid down in the Law of 13 March 1938,

Wiedervereinigungsgesetz, which was signed also by Herr Von Ribbentrop,

did not originally even correspond with Hitler’s intentions, but was put

through by him.

As a further violation of treaties with regard to the Austrian question

the Prosecution quote the violation of Article 80 of the Treaty of

Versailles and the corresponding article of the Treaty of St. Germain,

as well as the violation of the treaty between Austria and Germany of 11

July 1936.

THE PRESIDENT: The translation came through to me, I think, as though

you had said, “...the union did not even correspond with the intentions

of Hitler, but was put through”—it should have been “by Göring

himself.”

DR. HORN: Yes, I forgot that.

THE PRESIDENT: Go on.

DR. HORN: In justification of these violations one could point out that

the articles concerned constituted a violation of the right of

self-determination, on which the peace treaties were based. The outcome

of the vote after the annexation at any rate clearly confirms the

Austrian attitude of that time.

The _clausula rebus sic stantibus_ could be considered as a further

justification for the violation. One could refer to the statement of

Under Secretary of State Butler in the House of Commons who, in reply to

a question after the Anschluss, stated that England had given no special

guarantee for the independence of Austria as laid down in the Treaty of

St. Germain.

These legal evaluations would hardly do justice to the facts. Statute

law always lags behind the ideal of justice. That does not only apply to

domestic law but also to international law. Events show that if treaties

fail to make provision for changes, time and events pass them by in

order to rebuild them upon a new base. The question of whether the

participation in such events can be legally evaluated must definitely be

disputed. I shall refer later on to the general aspects of the adaption

of the law to the strength of bare facts.

An Englishman once asserted the following: “We have to face the stubborn

fact that Central Europe is populated by an almost solid block of 80

million people who are highly gifted, highly organized, and who are

conscious of these achievements in the highest degree. The majority of

these people have the strong and evidently incredible desire to be

united in one state.”

The Anschluss of Austria and the nationalist theories of National

Socialism had set in motion this artificially split-up block created by

the peace treaties of 1919. No attentive observer could fail to notice

the effect of the Anschluss upon the neighboring states.

It is not my intention to take up the time of the Tribunal with the

particulars of the subsequent efforts by the various groups of Germans

in the neighboring states for incorporation into the Reich. The facts

which have now become history are only too well known. My task here is

to examine whether these events are the results of a premeditated plan

of one person or a group of persons, or whether not rather a long and

artificially suppressed force was instrumental in accomplishing the

objectives which were assigned to Herr Von Ribbentrop by Hitler at the

time of his appointment.

The Anschluss of Austria was the signal for the Sudeten German Party to

force the issue of an Anschluss now on their part too.

Herr Von Ribbentrop has been accused by the Prosecution of having, in

his capacity as Foreign Minister, engaged in creating difficulties in

collaboration with the Sudeten German Henlein. They further accuse him

of having induced the Sudeten German Party to increase their demands

step by step rather than enter the Czechoslovak Government and of thus

having prevented a solution of the whole problem without making it

appear that the German Government was setting the pace.

Document 3060-PS submitted by the Prosecution shows just the contrary.

It is true that Herr Von Ribbentrop knew that the Anschluss efforts of

the Sudeten Germans were encouraged by the Party. But he had no

influence on this Party policy nor any thorough knowledge of it. Due to

the difficulties which had arisen with the Czech Government on account

of the separation efforts of the Sudeten Germans and their partly

uncontrollable policy, Herr Von Ribbentrop considered it necessary to

see to it that the realization of the Sudeten German aims was carried

out within the limits of a responsible policy.

THE PRESIDENT: Dr. Horn, wouldn’t that be a convenient time to break

off?

[_A recess was taken._]

DR. HORN: The Munich Agreement brought a temporary calm in the situation

with reference to foreign policy. The situation was again complicated

only by Hitler’s invitation to Hacha to come to Berlin and by the events

resulting from this visit. This step with its far-reaching importance

came as a complete surprise to Herr Von Ribbentrop. Reich Marshal Göring

has testified that after the Slovakian question had been settled Hitler

had, in spite of all warnings, decided upon setting up the Protectorate

of Bohemia and Moravia. On the basis of the available material it will

be difficult to ascertain the final reasons for Hitler’s step. According

to the testimony of the Defendant Göring they sprang from Hitler’s

constant fear that through connections of the Czech officer corps with

Russia another complication of the situation in the southeastern area

might develop. This assumption and the resulting strategical and

historical reasons may have induced Hitler to take this step of 13 March

1939, which came as a surprise to Herr Von Ribbentrop, too.

This step, which is only understandable by Hitler’s tendency towards

surprise decisions, completely changed the German situation as to

foreign policy. Herr Von Ribbentrop had warned Hitler at that time of

the reaction by the Western Powers, and especially by England, which had

to be expected as a result of this step.

And the consequences became immediately apparent in the Danzig and

Corridor question which had been under discussion since October 1938.

Whereas up to that time the Poles, by reason of the German policy since

1934 and due to the return of the Olsa territory to Poland, had not

refused discussions about this problem, a reaction to the setting up of

the Protectorate became apparent immediately at the end of March.

England regarded the establishing of the Protectorate as a violation of

the Munich Agreement and began consultations with a number of countries.

At the same time Minister Beck, instead of coming to Berlin again, went

to London and returned from there with the assurance that England would

resist any change of the _status quo_ in the East. This declaration was

also made in the House of Commons after previous consultation with the

French Government.

On 26 March 1939 the Polish Ambassador Lipski called at the

Wilhelmstrasse and stated to Herr Von Ribbentrop that any continuation

of the revision policy toward Poland, especially as far as a return of

Danzig to the Reich was concerned, would mean war.

Thereby the Polish question had become a European question. Herr Von

Ribbentrop told the Polish Ambassador at that time that Germany could

not acquiesce to this decision. Only the reincorporation of Danzig and

an extraterritorial corridor to East Prussia could bring a final

solution.

I have submitted to the Tribunal, in the form of documentary evidence, a

review of the Polish crisis which then developed. I can therefore assume

that the actual course of events is known, including the incorporation

of the Memelland which returned to the Reich through an agreement with

Lithuania.

In order not to take up the time of the Tribunal unnecessarily, I shall

confine myself to stating those facts which are apt to clarify the role

of Herr Von Ribbentrop.

The Prosecution accuses Herr Von Ribbentrop of mollifying Poland by

pretending friendly feelings toward her during the Sudeten crisis and

the setting up of the Protectorate of Bohemia and Moravia. May I, in

refutation of this assertion, point out that the relations between

Germany and Poland since the agreement of 1934 were good and even

friendly and that this attitude became, of course, even more favorable

through the fact that Poland was indebted to German foreign policy for

the acquisition of the Olsa territory.

She had, therefore, every reason to entertain friendly feelings toward

Germany without it being necessary to be deceived by Herr Von

Ribbentrop’s behavior. As the evidence has shown, Herr Von Ribbentrop

continued this friendly policy towards Poland even after the dissolution

of Czechoslovakia, since there was no reason to deviate from this

attitude.

The Prosecution further accuses Herr Von Ribbentrop of having known that

Hitler as early as the spring of 1939 was determined to wage war against

Poland and that Danzig served only as pretext for this conflict. They

deduce this from Documents USA-27 and USA-30. These are Hitler’s

well-known speeches of 23 May and 22 August 1939. First of all I wish to

point out that Herr Von Ribbentrop was not present at these conferences

intended only for the military leaders.

A number of key documents have been discussed in detail here. I only

wish to name the best known, such as the Hossbach Document, the two

Schmundt Files, and the afore-mentioned speeches. Quite a number of

statements about these documents have been submitted in evidence. People

who knew Hitler well stated that they had become accustomed to his

extravagant ideas expounded in sudden speeches, in which he often

repeated himself, and that they did not take them seriously in view of

his singularity.

It is possible to counter these documents with quite a number of

speeches in which Hitler has asserted the contrary. Here, conversely, it

might be pointed out that Hitler pursued some definite purpose with his

utterances. That may be quite true. But it is just as true that even the

few key documents which were submitted as proof of aggressive war

contain so many contradictions, with regard to the aggressive intentions

deduced from them, that at best a critic judging retrospectively could

recognize such intentions. Besides, the contents of these documents, in

accordance with the strict regulations for secrecy, became known only to

those who took part in the conferences. This might explain why Herr Von

Ribbentrop learned about them only here in the courtroom.

The guiding principles as to foreign policy which Hitler laid down for

him at that time covered merely the reincorporation of Danzig and the

establishment of an extraterritorial road through the Corridor, in order

to open a direct land route to East Prussia.

As the Tribunal will remember, Hitler had told Herr Von Ribbentrop

already at the time of his appointment as Foreign Minister that it was

desirable to achieve these aims. This demand was just as much

historically justified as some solution in the case of earlier

incorporations of areas inhabited by Germans, which had become

inevitable.

The statute of the purely German city of Danzig, which was created by

the Treaty of Versailles in the course of the establishment of a Polish

state, had always been the cause of friction between Germany and Poland.

Poland had achieved this solution at Versailles through the argument

that it needed an outlet to the sea. For the same reason the Corridor

was established against all ethnological needs. Clemenceau in his

memorandum already referred to this artificial creation as a source of

danger, especially due to the fact that the peoples living in this area

had been separated through long years of bitter enmity. It was not

difficult to foresee that as a result of this fact the League of Nations

and the International Court at The Hague were constantly going to be

occupied with complaints about Polish violations of the agreement on

minorities. The same cause gave rise to the large-scale confiscation of

up to a million hectares of German estates and the expulsion of far more

than a million Germans in the course of 20 years. Not without reason did

Lord d’Abernon speak of the Danzig-Corridor problem as the “powder

magazine of Europe.” When finally a solution of this question was sought

under recognition of the Polish claim to the preservation of an outlet

to the sea, such an endeavor appeared both sensible and historically

justified.

The evidence has produced nothing to support the claim that this

question served merely as a pretext, which Herr Von Ribbentrop could not

but have known. It has produced no proof that Herr Von Ribbentrop was

acquainted with those of Hitler’s aims which went far beyond these

demands. Nor has it been proved that Herr Von Ribbentrop, as has been

asserted by the Prosecution, before 1 September 1939, did all he

possibly could to prevent peace with Poland, although he knew that a war

with Poland would draw Great Britain and France into the conflict. The

Prosecution base this statement on Document TC-73. This is a report by

the Polish Ambassador to Berlin, Lipski, to his Foreign Minister. The

document contains nothing whatsoever to substantiate this assertion.

Moreover, I do not believe that, according to the result of the

evidence, Lipski can be valued as a particularly reliable witness. May I

recall that it was Lipski who, during the decisive stage of the

negotiations before the outbreak of the war, remarked that he had not

the least cause to be interested in notes or propositions from the

German side and that he knew the situation in Germany quite well after a

period of 5½ years as Ambassador. He was convinced that in case of war

riots would break out in Germany and that the Polish Army would march

victoriously into Berlin.

According to the testimony of the witness Dahlerus it was none other

than Lipski who, during the decisive discussion at the Polish Embassy,

created the impression among the Swedes that Poland was sabotaging every

possibility for negotiations.

Further results of the evidence also speak against the above allegations

presented by the Prosecution, as for instance the fact that Herr Von

Ribbentrop, after he had learned that the Polish-English guarantee pact

had been signed, intervened with Hitler to cancel the order for the

Armed Forces to march because a conflict with Poland would also, in his

opinion, have drawn in the Western Powers. This opinion coincides with

the conclusions to which Herr Von Ribbentrop had come in his review of

the European situation and laid down in Document TC-75, which has

already been mentioned.

Minister Schmidt has testified here that it was Herr Von Ribbentrop who,

on 25 August 1939, after the Hitler-Henderson meeting, sent him to Sir

Nevile Henderson with the verbal communiqué, presented as TC-72/69, in

which the contents of Hitler’s proposals were summarized. At the same

time Herr Von Ribbentrop adjured Henderson to submit Hitler’s proposals

personally to the British Government for favorable consideration.

According to the _British Blue Book_, Sir Nevile Henderson could not

refrain from calling these and subsequent proposals exceptionally

reasonable and sincere. They were not the customary Hitler proposals,

but pure “League of Nations” proposals.

No one studying the negotiations of the subsequent fateful days can deny

that everything was done on the German side at least to get negotiations

under way on a workable basis. The opposite side did not let it come to

that, because they were determined to take action this time. The good

services of England ended with the breaking-off of all mediation without

having been able to bring Poland to the conference table.

Herr Von Ribbentrop has been blamed for having practically defeated the

purpose of the last decisive discussion with the British Ambassador,

Henderson, by having read the German proposals to Poland so fast,

contrary to all diplomatic custom and international courtesy, that Sir

Nevile Henderson could not understand them and, hence, could not pass

them on. The interpreter, Minister Schmidt, was present at this decisive

discussion. He has testified here under oath that this statement is not

true. One may consider Hitler’s order to acquaint Sir Nevile Henderson

only with the substance of the memorandum as unwise. The fact is that

not only did Herr Von Ribbentrop read the entire contents at a normal

speed to the British Ambassador; but he also, by having the interpreter

present, made it possible for Sir Nevile Henderson to become familiar

with the entire contents and, moreover, to have explanations given on

it. Besides, upon the initiative of Reich Marshal Göring, it was

transmitted to the British Embassy during the same night by telephone to

the Counsellor of the Embassy, Mr. Forbes. Thus the British Government

should have been able to render the good services offered for opening

negotiations based on positive proposals.

By reason of these facts here deposed, one must rightly doubt the truth

of the allegation that the defendant had done everything to prevent

peace with Poland.

At the beginning of my defense speech I stressed that legal

considerations concerning aggressive war are not possible without

knowledge of the circumstances leading to an armed conflict. Before I

proceed to the legal aspects of the conflict with Poland, may I make

some additional statements concerning the causes that led to the war.

The period between two World Wars is characterized by the conflicting

reactions of those powers which were satisfied and those which were

dissatisfied. It seems to be an inevitable law that after great war

repercussions, the victorious states tend as far as possible toward the

re-establishment of the prewar status and prewar mentality, whereas the

vanquished are forced to find a way out of the consequences of their

defeat by new means and methods. Thus after the Napoleonic wars there

came about the Holy Alliance which under Metternich’s leadership, using

legitimacy as an authorization, tried to ignore the effects of the

French Revolution.

What the Holy Alliance did not achieve, the League of Nations equally

failed to achieve.

Created in an atmosphere of fervent belief in human progress, it was

quickly transformed into a tool of the satisfied states. Every effort to

strengthen the League of Nations meant a new bulwark for the maintenance

of the _status quo_. Under cover of the elegant diction of juridical

formalities power politics continued. Besides, the obsession by the idea

of _sécurité_ soon deprived the newly-created body of any breath of

freshness and life.

In this fashion, naturally, a solution of the problems created by the

end of the first World War could never be found. In international

relations a coalition of interests of the conservative powers content

with the _status quo_ and of the revolutionary powers trying to do away

with it, became increasingly apparent. It could only be a question of

time until under those circumstances the political initiative would pass

to the dissatisfied powers. The formation of this front depended

exclusively on the force of the revolutionary spirit which was

crystallizing in opposition to the political self-complacency and

hankering after the past. In this fertile soil grew the doctrines of

National Socialism, Fascism, and Bolshevism, obscure in many parts of

their programs, elastic and incoherent in others. Their power of

attraction was based not so much on their programs but on the fact that

they admittedly offered something new and that they did not exhort their

followers to worship a political ideal that had failed in the past.

The economic crisis of the postwar period, the controversies about

reparations and the occupation of the Ruhr, the inability of democratic

governments to obtain anything for their distressed peoples from the

other democracies, unavoidably led to a test of the doctrines which had

not yet been tried out. The practical results of this revolution, as we

experienced them in Germany after 1933, could, aside from the social

program, consist only in abolishing the peace settlement of 1919, which

constitutes a classical example of failure to understand the

revolutionary character of a world crisis. For this revolution these

tasks were not legal questions but doctrines, exactly as it had long

become a doctrine of the satisfied states to maintain the _status quo_

at all costs, even at the price of a new world war.

Only he who does not shut his eyes before these facts can judge the

political crisis of the past decade.

Every revolution has but two possibilities; either it meets so little

resistance that eventually conservative tendencies develop and an

amalgamation with the old order is formed, or the antagonistic forces

are so strong that finally the revolution breaks up through

overstraining its own means and methods.

National Socialism went the second way, which began without bloodshed

and partly with a remarkable leaning upon tradition. But this method,

too, could not escape the inherent laws of history. The aims were too

high for one generation, the revolutionary essence too strong. The

initial successes were startling, but they also resulted in lack of

criticism as to the methods and aims. The process of uniting all larger

German groups in the Central European space would most probably have

succeeded, if at the end—I am referring to the setting up of the

Protectorate of Bohemia and Moravia and the pursuit of the

Danzig-Corridor question—the revolutionary tempo and methods had not

been overstrained by reason of previous successes. No person capable of

sober judgment will dispute the need for a solution of the

Danzig-Corridor question, delicate as it was.

The Prosecution may assert that in reality Danzig was but a pretext, but

seen from the state of affairs in 1939 this can hardly be proved. But it

is certain that the opposite side was concerned about other things than

the maintenance of the _status quo_ in the East. National Socialism, and

with it, in its newly gained strength, the German Reich, had become such

a danger in the eyes of the others that after Prague it was determined

to make any further German advance a “test case,” wherever it should

happen.

I have already said that the revolutionary protest in Central Europe was

chiefly due to economic causes brought about by Versailles where a peace

treaty was imposed on Germany of which it was well-known that its

economic provisions could not be carried out by the vanquished.

THE PRESIDENT: Dr. Horn, the Tribunal thinks that sentence, at any rate,

is objectionable on the ground that I have already stated.

DR. HORN: Mr. President, I did not mean to emphasize how the Versailles

Treaty came about; I only wanted to stress certain necessary

consequences which are generally known facts. But I have completed this

part and have nothing further to say with reference to it.

THE PRESIDENT: Go on, Dr. Horn.

DR. HORN: Much has been said here about the slogan Lebensraum. I am

convinced that this word would never have become a political program, if

after the first World War Germany had been given the possibility of

linking up with the world markets, instead of being strangled

economically. By systematically cutting her off from all raw material

bases of the world—all this for reasons of _sécurité_—the tendency

towards autarchy, the inevitable way out from the barring from the world

markets was fostered; and, at the same time, with the progressively

deteriorating economic situation, the cry for Lebensraum could find

receptive ears.

Thus, Stalin is right when he says:

“It would be erroneous to believe that the second World War came

about accidentally or as a result from mistakes of one or the

other of the statesmen, even though such mistakes were made

without doubt. Actually the war came about as an inevitable

result of the development of international economic and

political forces based on modern monopolistic capitalism.”[B]

-----

[B] Speech by Stalin on the eve of the Soviet elections in February

1946.

-----

Professor Jahrreiss has already fully explained, in his basic arguments

concerning the legal and the actual significance of the Kellogg Pact,

that the meaning given to this project for the prevention of war by the

Prosecution cannot be recognized by the Defense.[C]

-----

[C] Mr. Justice Jackson is trying in this connection to invoke Article 4

of the Weimar Constitution of 1919. According to this, the universally

recognized rules of international law are regarded as binding components

of German Reich law. Owing to the differing legal appreciation of the

Kellogg Pact on the part of the Great Powers the interpretation advanced

by the Prosecution cannot be looked upon as German Reich law.

Cf. _Reich Supreme Court Decisions in Litigation Procedures_, Vol. 103,

Page 276.

Anschütz: _The Constitution of the German Reich_ (_Die Verfassung des

Deutschen Reiches_); 10th ed., Page 58 et sequentes.

-----

Even though war has been previously declared an international crime,

especially at the 8th League of Nations Assembly of 1927, it became

quite clear in preliminary conversations, as has been proved by

documents already submitted to the Tribunal, that this declaration was

not meant to make war a crime in the legal sense but that it was an

expression of the wish to prevent future international catastrophes of

the scale of the first World War. Moreover, neither the United States

nor Russia participated in the League of Nations resolution of 1927.

All further plans for outlawing war during the period between the first

and second World Wars remained mere drafts, as the British Prosecutor

had to acknowledge in his significant argumentation, because practical

politics could not follow these moral postulates.

All these experiments—and they are by no means few—clearly show that

the problem of finding a definition lies in the difficulty of condensing

a political process, dependent upon a host of components, into a legal

concept which will cover all the varying cases occurring in practice.

The failure to formulate a definition which could be used in

international law has led to the fact that, instead of working out

general standards and measures applicable in each case, the designation

of the aggressor was left to the decision of an organ dominating all the

contending parties. In such a way, the question of defining the

aggressor became the question: “_Quis judicavit?_” that is, “Who shall

designate the aggressor?” From this decision follows a new difficulty,

namely, what is to be done against the aggressor?

Previous to the attempt of settling in a general way the concept of

aggression and the sanctions against the aggressor, political alliances

determined the obligations of the parties to wage war. In order to

improve this unsatisfactory and anarchic situation, the United States,

under Secretary of State Bryan...

THE PRESIDENT: [_Interposing._] Isn’t this really arguing the same

questions that Dr. Jahrreiss has already argued?

DR. HORN: Mr. President, I have tried to omit the matters set forth by

Professor Jahrreiss. Professor Jahrreiss confined his arguments chiefly

to the Kellogg Pact. I am only dealing with the questions pertaining to

the legal aspect of wars of aggression.

THE PRESIDENT: Yes, but the Tribunal only granted the right to have an

additional counsel deal with the general questions of law on the

understanding that the other counsel were not going to deal with the

same questions of law. Of course, you are not using the words of Dr.

Jahrreiss—I should not expect you to do that—but you are arguing the

very same topics.

DR. HORN: Mr. President, it had been agreed originally, as the professor

as an expert had stated, that every counsel is entitled to take a

different attitude toward the problem argued by him. Professor Jahrreiss

concentrated chiefly on the Kellogg Pact and its consequences. I

personally am turning my attention to aggressive war, and, as you, Mr.

President, emphasized...

THE PRESIDENT: Just a moment. What is involved, then, is that the

Tribunal is going to hear 20 arguments upon the general questions of

law; and surely it can scarcely have been thought by defendants’ counsel

that the Tribunal proposed to hear 20 arguments on the general questions

of law and also hear Dr. Jahrreiss on it. The only purpose of hearing

one counsel was to have the general questions of law dealt with by one

counsel alone, and that the others should not speak upon it.

DR. HORN: Mr. President, may I emphasize once more...

THE PRESIDENT: Just a moment. The Tribunal will adjourn.

[_A recess was taken._]

Trial of the major war criminals before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, volume 17 · 第 41 / 51 题