4. Financing of domestic rearmament.

5. Planning of reconversion of the entire economy to war needs, and

extension of the special armament industry.

6. Duties as mentioned already under II (b), (3), and (4), together with

the War Economy office in the OKW.

In addition to this, but planned to take effect only in case of

mobilization, there was collaboration with the following subordinate

ministries: a) Ministry of Economics, b) Ministry of Food, c) Ministry

of Labor, d) Ministry of Finance, for foreign exchange and purchase of

raw materials, e) Ministry of Forestry.

This necessitated, from December 1935 onward, the participation of a GBW

deputy for purposes of information in the Belch Defense Commission.

After Dr. Schacht’s retirement from the Reich Ministry of Economics, the

GBW became only fiction, because the full powers had been transferred to

the Four Year Plan, that is to say, Göring. Only when the powers of the

ministry of armament and munitions were extended in August 1943, when it

became known as the Ministry for Armament and War Production, was there

a revival of the originally planned position of the GBW entailing full

powers in time of war, but he remained subordinate as regards

organization to the Four Year Plan, with the Führer as the general

authority in reality at the top, owing to the failure of the Four Year

Plan.

III. In collaboration of the GBW with the War Economy Office in the OKW

the “Mobilization Plan for Rearmament” had been set up, with General

Thomas presiding. This “Mobilization Plan for Rearmament” acted on

behalf of the Armed Forces and the GBW who supplied particulars of the

industrial plants to be assigned from general production for

reconversion to armament production in time of war. It was to attend to:

(a) labor requirements, (b) raw material requirements, and (c)

industrial equipment (special machinery for weapons, et cetera).

The prerequisite of modern warfare is not so much the exploitation and

organization of the manpower of a country into military formations, but

it is essentially a problem of industrial capacity and of its

appropriate utilization for the production of all necessary raw

materials. This process must of necessity precede any rearmament, and

requires expenditure of money and, even more, of time.

When Germany proclaimed her equal rights as regards defense—that is,

military sovereignty—she did not possess the necessary resources for a

material rearmament, as they had been taken away in the execution and

recognition of the disarmament plan. It has been confirmed here during

the Trial by various sources that first 10, then 7 to 8 years were

allowed and anticipated for providing material equipment in the form of

hitherto prohibited modern weapons and supplies, especially including

munitions, for the peacetime Armed Forces which had been announced to

the world with the proclamation of liberty for national defense in 1935.

This becomes comprehensible if one considers that even the U.S.A. with

its unlimited means, which were not impaired by the effects of war,

required 4 to 5 years for the necessary conversion and rearmament in

this war. Thus we see that rearmament, if it is intended to exceed the

limits of defensive armament, can only be achieved gradually in the case

of nations, which—like Germany in 1934—had no armaments.

First stage: Procuring of essentials with regard to industries and raw

materials for the production of war supplies.

Second stage: Placing of orders with the armament industry for the first

equipment of the peacetime strength of the Armed Forces and

execution of these orders within the framework of the means

provided by the annual budgets.

Third stage: Procurement of the munition and weapon supplies to be stored

for the equipment of a mobile Armed Forces which would be

developed, in the case of war, from the permanent peacetime

strength in accordance with the manpower capacity of a

nation. Those supplies would include the necessary

replacements during the war.

If one considers that in 1934 Germany had no modern weapons, no

submarines, and no military aircraft at her disposal, it can well be

believed that any reasonable soldier had to assume under the given

circumstances there could be no thought of a war, let alone a war of

aggression.

Accordingly, the tasks which the Defendant Keitel assumed in his

official capacity of Chief of Staff of the Armed Forces Department must

be considered as purely preparatory and organizational. Keitel, of

course, bears the responsibility for General Thomas, Chief of the

Defense Economy Staff. The technical details and the extent of his

activity can be seen from Document 2353-PS, which is correct in essence

despite the fact that Thomas, in the declaration prefixed to this

historical document, now wants it to look as if he had presented his

original notes in an exaggerated way and given them a more favorable

turn to please Hitler and avoid arrest. This does not correspond to the

facts. What Thomas wrote proves, according to the Defendant Keitel’s

opinion, that a “war armament” with mobilization of the industrial

capacity and its conversion to war economy did not begin until early in

October 1939. It further proves that the statements of the defendants

who were examined here, as far as they were connected with this

rearmament, and especially those of Dr. Schacht until 1937, are in

complete agreement on the following point: At this period wars of

aggression were not avowedly desired, and that in the light of the state

of actual armament they must have appeared impossible.

But rearmament in manpower also shows the same picture during this

period. The evidence has demonstrated that up to the spring of 1938 only

27 peacetime divisions were scantily equipped and that 10 or 12 reserve

divisions were in preparation; at that time the Wehrmacht had no other

supplies or armaments at its disposal. If despite this fact, and

operating without general mobilization, it succeeded by the autumn of

1938 in preparing an army of almost 40 divisions for the aggression

against Czechoslovakia, at a time when it had the poorest protection on

its western border, one can see what the maximum war potential was in

those days.

Under such circumstances, and with knowledge of the armament situation

and war potentials of neighboring countries which were mutually united

by alliances and assistance pacts, none of the generals of the old

school could ever think of bringing about a war. The fact that already

one year later, in 1939, the state of German armaments was substantially

improved, must primarily be attributed to the occupation of

Czechoslovakia. Finally it must be pointed out that during this period

there was no strategic plan for any aggression whatsoever. General Jodl

has declared on the witness stand that when in 1935 he came to the Armed

Forces Department, no plan nor anything similar was in existence, except

what was provided for in case of internal unrest. The occupation of the

demilitarized Rhineland zone was not planned, but was improvised by

Hitler. The _Initial Assembly and Combat Directives_ of June 1937 is a

general instruction for possible military conflicts.

For the sake of completeness I must also call attention to Document

EC-194. This is an order issued by the Commander-in-Chief of the Armed

Forces, Von Blomberg, on the subject of aerial reconnaissance and the

observation of submarine movements during the occupation of the Rhine.

Keitel signed and forwarded this order. It is the only existent document

of that period.

The Reichswehr had a permanent force of 100,000 men, as had been laid

down by the Treaty of Versailles. It is indisputable that in view of the

size of the Reich, its unprotected borders and the way East Prussia was

cut off, this figure was absolutely inadequate for creating a feeling of

internal security and the possibility of defense in the face of an

attack from the outside world—an elementary right for any country and

nation. This state of inadequacy, which had been created by the military

clauses of the Treaty of Versailles, was the subject of reflection even

before 1933 with a view to improving it without actually making use of

soldiers for the purpose. An examination was made and it was found that

in case of mobilization a series of tasks could be taken over by the

civil ministries. Here tasks of a purely defensive nature were

concerned, which cannot be considered aggressive. They were tasks of

national defense, and principally the following: I have enumerated them

in my manuscript and, without reading them, I would like the High

Tribunal to take judicial notice of these points. As it is quite clear

these are matters for defense only.

(1) Protection of the frontiers by reinforcement of the customs

service;

(2) Postal security by Reichspost agencies (repeater offices);

(3) Railroad protection by Reichsbahn personnel;

(4) Laying of cables instead of overhead telegraph lines;

(5) Construction of railroad viaducts and elimination of level

crossings on main traffic roads;

(6) Construction of frontier fortifications in the East,

Oder-Warthe line, Pomeranian line, Oder line (terrain

expropriation);

(7) Improvement of maritime traffic with East Prussia and of

rail transit through the Corridor;

(8) Fortifications in East Prussia;

(9) Reinforcement of frontier protection in East Prussia;

(10) Preparation by the Reichsbahn of mobile loading ramps;

(11) Reinforcement of the coastal customs service;

(12) Development by the Reichspost of the radio network

(amplified transmitters and receivers);

(13) Manning of permanent army signal stations with Reichspost

personnel;

(14) Relieving the Reichswehr from the charge of detaching

soldiers for duties which can be carried out by civilian

personnel;

(15) Protection of frontier crossings by the local authorities

(Landräte);

(16) Co-ordination of motor vehicles, et cetera.

The advisory body for these tasks and their execution was, up to 1933,

the Committee of Experts. It consisted of experts coming from the

different civil ministries, who after being accepted by the Minister of

the Interior—Severing, up to the end of 1933—met for conferences at

the Reich Defense Ministry. The Reichswehr Minister charged the then

Colonel Keitel to direct these meetings. At these meetings the experts

received and discussed the desires of the Reich Defense Ministry as

regards the afore-mentioned tasks, which the individual ministers could

take over in case of a mobilization.

During Minister Severing’s time this co-operation worked without

friction with the idea of satisfying as far as possible the wishes of

the Reichswehr Minister, and it continued in the same way after 30

January 1933. The scope and content of the tasks remained the same.

When, on 4 April 1933, a Reich Defense Council was established by a

resolution of Hitler’s new Reich Government, the committee was retained

and only its name was changed: The Committee of Experts became the Reich

Defense Committee. However, it did not change its field of action and

was not given any new jurisdiction. It only grew in size as it went on

developing, especially after the introduction of compulsory military

service. Now, as before, the Reich Defense Committee was a body which

had to give advice about those tasks of national defense concerning the

civilian sector which had to be prepared and also partly taken over by

the civil ministries. For this Count of the Indictment it must be made

quite clear that after 4 April 1933 Keitel’s position did not change

either, and especially that he was not a member of the Reich Defense

Council.

The Reich Defense Council, which has taken up a lot of space in the

statements of the Prosecution, may be considered as virtually

nonexistent in the light of the evidence produced—later on I will come

back to the time after 1938. In any case the Prosecution could not prove

that there was any session of the Reich Defense Council during this

period. The minutes submitted dealt without exception with the sessions

of the Reich Defense Committee, and the members of this committee

reported to their competent ministries, who in turn had an opportunity,

within the framework of the cabinet, to translate into concrete form the

suggestions and proposals discussed in the Reich Defense Committee. Thus

there were never any sessions of the Reich Defense Council whose

existence was merely formal, so that witnesses could rightly say that

the Reich Defense Council existed only on paper.

Keitel, up to 30 September 1933, as colonel and section chief in the

Reich Defense Ministry, and later from October 1935 as major general and

Chief of Staff of the Armed Forces Department in the Reich War Ministry,

was a member of the Reich Defense Committee. Therefore, from 30

September 1933 to 30 September 1935 he was not in the War Ministry, and

thus had no function connected with this Count of the Indictment.

Neither did he during this time participate in sessions of the Reich

Defense Committee, the minutes of which have been presented by the

Prosecution as having special probative value. The session of 22 May

1933, described as the second session of the working Committee of

Experts, was the last session in which Keitel participated before being

transferred to serve with the troops. The first session after his

transfer to the Reich War Ministry was held on 6 September 1935. It is

put down as the 11th session of the Reich Defense Committee. Although in

the examination of Keitel’s responsibility one has to exclude the work

done by the Reich Defense Committee during the two years between

sessions 3 and 10, I will nevertheless make it the subject of my

statements, as it is from these very minutes that one can see what the

Reich Defense Committee was doing.

Only the knowledge of these minutes makes it clear why an institution,

which in this or some other form exists in every country and which

serves the purpose of national defense as deemed legitimate by every

country, has now been presented as an important factor in submitting

evidence on plans and preparations for aggression.

The minutes of the sessions of the Reich Defense Committee in 1933,

1934, and 1935 reveal the character of the work as that of preparations

for the event of war. But it is likewise evident that it is a question

of preparations intended to bring about a more perfect degree of

readiness in national defense in case of mobilization. If the “political

situation” is twice mentioned, these allusions indicate the fear of

military sanctions from neighboring states. (Reference is made to the

case of Abyssinia, which led to sanctions against Italy.) Everything is

rooted in the thought of overcoming that state of military impotency

which made it impossible to safeguard the open frontiers of the Reich.

The recurring idea of obligation to secrecy can only be attributed to

fear arising from the situation at the time lest the revelation of

measures, however defensive, might produce preventive measures on the

part of the victorious powers.

That these suspicions were well-founded is shown by the intransigent

attitude of certain states after the complete disarmament of Germany,

and this question is important for Keitel’s attitude, for he affirms

that the conclusion drawn from the obligation to secrecy, namely, that

secrecy is a proof of bad conscience, and bad conscience is a proof of

knowledge of illegality, is erroneous.

The Reich Defense Committee never passed resolutions; it was an advisory

body on matters of national defense insofar as the civilian sector was

concerned with mobilization. At no time did it ever indulge in

deliberations concerning rearmament as regards manpower or material, or

concerning plans of aggression. The Prosecution has tried in one

instance to show that the Reich Defense Committee was involved in plans

for aggression.

I do not wish to read the next few sentences. Here we deal with the

well-known event of freeing the River Rhine for traffic, a question

which was designated as the technical liberation of the Rhine River.

This came up in Göring’s testimony.

They pointed out Document Number EC-405, the minutes of the Committee

for Reich Defense, session of 26 June 1934, in which there is mention of

“participation in preparing mobilization.” In these minutes under (c)

can be found: “Preparation for the liberation of the Rhine.” From this

the prosecuting authorities have drawn the conclusion that already on 26

June 1934 the Reich Defense Committee was contemplating the “liberation

of the Rhine.” The witness Reich Marshal Göring has stated during his

hearing that, given the unequivocal wording of the German text, it is a

question here of the technical freeing of the river Rhine, but not of

any strategic or political matter. I am mentioning this manifest error

by the prosecuting authorities, which can only have occurred through a

gross mistake in translation, because it has led to an erroneous

conception of the prosecution as to the competence of the Reich Defense

Committee, and because it is the only case which has come up in

connection with this complex.

The true nature of the Reich Defense Committee’s activities is set out

quite simply and clearly in the _Manual of Mobilization for the Civilian

Administration_; Documents 1639-PS and 1639a-PS. It refers to the result

of discussions between all the experts of the Reich Defense Committee,

and is an appendix to the mobilization plan of the Armed Forces as well

as to that of armaments.

These three mobilization plans all taken together form the basis of your

decision. You may see from them whether the Prosecution is right in its

assumption of a total planning for aggressive war, or whether the

Defendant Keitel was right when he stated during his hearing:

“What has been discussed and planned here is what every country

is entitled to do and what the responsible agencies are bound to

do, if they do not wish to violate their most sacred duty,

namely the safeguarding of the security of their country.”

The decision of 4 February 1938 was fateful for General Keitel as well

as for the German Wehrmacht: for Keitel who could not yet form an

opinion on the newly-created office of the “High Command of the Armed

Forces” (OKW) for the Armed Forces which on that day lost its relative

independence.

Hitler broke down the last barriers between himself and the Armed

Forces—the nation in arms—by removing both the Commander-in-Chief of

the Armed Forces and the constitutionally responsible Reich War

Minister. This truly portentous decision was fatal for Keitel and the

German nation, though at the time of its occurrence this was not

realized by the participants. That they must be blamed for not realizing

it is easy to say now, in retrospect.

At the time everybody who was not an inveterate skeptic or pessimist had

to base his judgment on the development of things in general and on the

strength of the personalities involved. Neither the one nor the other

could be clearly appreciated on 4 February 1938.

It was not a personal decision of the Defendant Keitel who did not know

Hitler personally in these days and who met him for the first time man

to man in the preliminary discussions. Hitler assigned him to the

newly-created office of Commander-in-Chief of the Armed Forces and

Keitel accepted it. Even if we disregard entirely the human emotions

connected with such a brilliant promotion there was no reasonable ground

for the then Chief of the Armed Forces Department in the Reich War

Ministry to decline the offer, since Von Blomberg himself had

recommended him. Hitler’s ideas about this office could not be discerned

by Keitel. I shall pass to the next page...

The decree gave Keitel a wonderfully impressive office name as “Chief of

the High Command of the Armed Forces.” The historical foundation is the

elimination of the commanding authority over the entire Armed Forces,

which up to 4 February 1938 was in the hands of Field Marshal Von

Blomberg, and on that day was taken over by Hitler himself. Hitler

created at the same time the responsible Ministry of War, which up to

that time had also been administrated by Field Marshal Von Blomberg. Dr.

Lammers says the following about the origin of the Führer’s Decree of 4

February 1938: (Morning Session of 8 April 1946; Volume XI, Page 29.)

“The Führer informed me that the Reich Minister of War, Von

Blomberg, is resigning his office and that he avails himself of

this opportunity to make some other changes in the Reich

Government, particularly since the Foreign Minister, Von

Neurath, is going to retire, which will make a change; there is

also a change in the High Command of the Army. In this

connection the Führer gave orders for a decree to be worked out

regarding the Command of the Armed Forces. It was to be merged

with the Ministry of War. As a directive the Führer gave me the

following instruction:

“In the future I shall not have any War Minister; neither will I

have in the future a Commander-in-Chief of the Armed Forces to

stand between me, as the Supreme Commander, and the other

commanders-in-chief within the Armed Forces.

“In accordance with this instruction the decree was formulated,

by which the High Command of the Armed Forces was established as

an Army Staff directly subordinate to the command of the Führer.

The Führer did not want any independent office in this function,

inserted between himself and the commanders-in-chief of the

Armed Forces branches. In consequence, General Keitel, now

appointed Chief of the High Command of the Armed Forces, had no

independent commanding authority over the different branches of

the Armed Forces. Such authority would not have been considered

for other reasons as well.”

Field Marshal Von Blomberg declares in the affidavit I have submitted:

To Question 24:

“At our last discussion Hitler pointed out that he presumably

would not fill my position again, and that he would thereby

become himself the real Supreme Commander of the German Army...

“He asked for a suggestion for the assignment of a _Chef du

Bureau_ who would direct and carry out current tasks under him

and thus under Hitler’s responsibility.

“I named Keitel, who, under me, had administered this office

very capably.”

In answer to Question 27:

“I proposed Keitel as _Chef du Bureau_, believing that I had put

him in the right job.”

In such a position he would not be a military adviser to Hitler. Whether

and in how far Hitler ever asked for his advice, I do not know. Even so,

Keitel’s responsibility, in my opinion, would not thereby be

established.

Question 29:

“Was it not Hitler’s intention to create a tool for himself in

the person of Keitel, whose capacity for organization and hard

work seemed to him valuable, as an executive organ for his

decisions and orders?

“Answer: This question is emphatically confirmed by me. Hitler’s

original intention at that time was most certainly to have at

his disposal a trustworthy subordinate organ, and in no way an

adviser endowed with any responsibility.”

The decree of 4 February 1938 regarding leadership in the Armed Forces

is known to the Tribunal. Therefore, I do not need to read it to you.

One sees from this and from the hearing of witnesses regarding the

position of the Defendant Keitel and questions of his competence and

responsibility, that:

(1) Hitler did not want either a responsible War Ministry or any other

person but himself to exercise the commanding authority over the entire

Armed Forces. He united in his own person both these institutions by

declaring that, in regard to the commanding authority, he would from now

on exercise this directly and personally, as well as the functions of

the Reich War Ministry which were to be administered by Keitel under his

instructions.

(2) Hitler thus created a military staff for a military-technical

program. He designated it the High Command of the Armed Forces. This

“Oberkommando der Wehrmacht” was therefore nothing more—and, I may add,

no less—than the military chancellery of the Führer and Supreme

Commander. Such chancelleries already existed as Reich Chancellery,

Presidential Chancellery, and Party Chancellery. The Defendant Keitel

was assigned to the post of chief of the military chancellery with the

title of Chief of Staff of the High Command of the Armed Forces (for

short, Chief OKW).

(3) Hence it follows that the OKW was not intended to be an intermediary

agency between the Supreme Commander of the Armed Forces and the three

Armed Forces’ sections. The assumption to the contrary held by the

Prosecution, which is based on a graphic representation, is founded upon

an erroneous opinion.

An independent intermediary level between the Supreme Commander and the

three Commanders-in-Chief of the Army, Navy, and Air Force such as

existed before 4 February 1938 no longer existed. The OKW, in which the

Defendant Keitel was the Chief of Staff, was no independent military

agency or authority, but exclusively Hitler’s military-technical staff

and his War Ministry office. The OKW had no independent authority

whatsoever, neither the power to issue orders nor the command authority.

Therefore, the OKW could not issue its own orders. On the contrary, all

instructions, decrees, general directions, or orders issued by the OKW

were the expression of the desires of the Supreme Commander of the Armed

Forces. The Commanders-in-Chief of the three Armed Forces’ branches were

always aware of the fact that no intermediary level existed between them

and the Supreme Commander, and they never considered or recognized the

OKW as such. This is confirmed by the affidavits of the Codefendants

Admiral Dönitz and Admiral Raeder, as well as by the testimony of Reich

Marshal Göring and Dr. Lammers.

The idea that the OKW, or the Defendant Keitel as Chief of the OKW,

would have had authority to issue instructions or orders independently

is therefore erroneous. All official business, oral or in writing, which

went beyond an exchange of ideas with other military agencies or

authorities, was subject to the exclusive decision of the Supreme

Commander himself. The OKW was merely the executive staff of the Supreme

Commander.

(4) Therefore, when documents issued by the Supreme Commander or by the

OKW show signatures or initials of the Defendant Keitel, or of a chief

of office or section chief, one must not draw the conclusion that the

persons concerned had authority to issue orders independently. In each

instance it was merely a case of noting, forwarding, or transmitting the

orders of the Supreme Commander himself. Because of the demands made on

Hitler’s time in his positions as head of State, Reich Chancellor, Party

Leader, and Supreme Commander of the Armed Forces, it was not always

possible to obtain his personal signature, unless it concerned

fundamental matters of unusual significance. It must be noted that in

all cases Hitler’s personal decision or approval had to be obtained.

Such being the state of affairs, we cannot accept the Prosecution’s

argument that because the Defendant Keitel signed or initialed documents

he is co-responsible for their actual contents. It would be arbitrary to

infer the responsibility of the Defendant Keitel as chief of the

military chancellery because he forwarded or signed orders,

instructions, and so on, a responsibility which in my opinion can be

charged only to the person who promulgates the order by virtue of his

authority.

A real responsibility for this could be laid upon the Defendant Keitel

only in case it were proved that he willfully participated in drawing up

these orders, instructions, et cetera.

THE PRESIDENT: Dr. Nelte, would that be a convenient time to break off?

[_A recess was taken._]

M. CHARLES DUBOST (Deputy Chief Prosecutor for the French Republic):

Gentlemen, Counsel for the Defense have presented a request to the

French Prosecution to have certain documents communicated to them. This

request is divided into two parts.

The first part concerns the Scapini incident, which arose from the

publication of a document in the course of my own statement. I am able

to communicate to the Defense the answer which the French Government has

made to its request.

The French Government has found in the archives left behind by the

German authorities the answer which was made to the protest raised at

the time of the massacre of French prisoners. It is, by the way, a

purely dilatory answer. The German authorities replied that the

Armistice Commission was not competent; that the request must be made by

the Scapini Embassy. I have handed this document to the Defense and I

think that the incident is closed.

The second part of defense counsel’s request concerns a statement made

by my colleague, M. Edgar Faure, who at the beginning of his speech

announced to the Tribunal that he had examined approximately 2,500

documents, of which he had retained only 200. I can, of course, not

answer on behalf of M. Edgar Faure. I only know that the French

Delegation has only a total of 800 documents in its archives, and has

submitted them all to the Tribunal and to the Defense. I therefore think

that it is merely oratorical hyperbole and that my colleague wished to

allude to covering letters which were of no importance. In any case, I

had previously informed defense counsel Dr. Nelte that all the documents

of our delegation were open for him to see and that he would be able to

verify that we had no other documents than those which we had published.

On the other hand, the requests which we forwarded to Paris to have

complementary documents which might have been forgotten sent to us have

all been in vain. We therefore conclude that we have here all the

documents which we could make use of in this Trial.

DR. NELTE: Mr. President, I am grateful to the French Delegation for the

explanation given now regarding the complaint I made this morning. If I

had had that explanation a few days earlier, what happened this morning

would not have occurred. I regret it very much indeed.

I continue on Page 64 to the effect that Keitel co-operated in drawing

up orders. In order to clarify this as much as possible I would like

furthermore to point out the following:

The “instructions,” which were of fundamental significance for the

planning of military operations, are operational orders issued to the

Commanders-in-Chief of the three Armed Forces’ branches by the Supreme

Commander in this capacity. Before these instructions were drawn up

Hitler discussed the military-technical aspect of each order with the

competent OKW experts and also with the Defendant Keitel. The

instructions, aside from opinions manifested by the individual experts,

were exclusively the expression of the Supreme Commander’s wishes, and

they were not directed to the OKW but to the Commanders-in-Chief of the

three Armed Forces’ branches, to whom they were forwarded through the

OKW. The three Armed Forces’ branches on their part ordered, on the

basis of the general instructions, the details incident to their

execution. Therefore, I shall not refer in this connection to the

statement of the Charter according to which the carrying-out of orders

is not accepted as a ground for exemption from punishment. For the

transmission of the order was not an order issued by the OKW to the

Armed Forces’ branches, but the forwarding of the expression of the

wishes of the Supreme Commander of the Armed Forces. The order directed

to the OKW, if you will, referred in all cases to the elaboration of

some desire expressed by the Supreme Commander and to the purely

external act of transmitting the finished idea without having authority

of expressing an opinion thereon. It must be assumed that the

Prosecution, perhaps influenced by the defendant’s rank of Field

Marshal, did not appreciate correctly this position of the Defendant

Keitel. This rank had no relationship to the real authority of the

defendant to issue military orders. One is inclined to imagine that a

Field Marshal is a military commander. However, as we have seen, the

Defendant Keitel had no command authority whatsoever.

Field Marshal Von Blomberg, whose testimony has been submitted to the

Tribunal by the Prosecution, defines the position of the Defendant

Keitel as _Chef du Bureau_. This definition is materially correct. A

_Chef du Bureau_ has to see to it that the bureau which he directs

operates properly; that the affairs are correctly and promptly attended

to by the competent officials. But he does not participate in the final

decisions deemed correct by his superior, in this case the Supreme

Commander of the Armed Forces. If this principle holds true in general,

it is especially true here. It is known that Hitler did not accept any

advice from Keitel concerning military decisions. This has been proved

by the evidence, particularly by the testimony of General Jodl.

The Defendant Keitel has clearly outlined in Affidavit Number 8, called

“Coordination in the State and in the Armed Forces,” his activity and

that of the OKW. The affidavit gives an idea of the difficult and

thankless work of the Defendant Keitel. It consisted mainly of a

co-ordination of the desires and needs of the Armed Forces’ branches. It

consisted, furthermore, in reconciling, divergencies as they arose and

in the struggle against Hitler’s negative attitude toward any proper

procedure, that is to say, through the competent departments.

In every branch of the Armed Forces there exist interests which differ

from the interests of other branches and which cannot be entirely

satisfied; sometimes they even oppose each other. This is true

especially for the replacement of personnel, but also for the supply of

everything that is required for special warfare.

The point of intersection of all these factual and personal differences

of opinion was the OKW.

If one desires to estimate properly the incontestable fact that the

Defendant Keitel was shown hostility and was personally judged

unfavorably by nearly all sides, one must note that this fact occurred

as a necessary result of the overlapping of factually opposing interests

and personal differences of opinion, which Keitel tried to settle by

means of co-ordination or mediation, that is, in nearly all cases by

means of compromise. No particular personal experience is needed in

order to know that the objective mediator will always incur the

ingratitude of both parties. The same picture becomes evident in the

relationship to the numerous offices which were endowed with special

official authorities or which had Hitler’s favor and special confidence

for personal, mostly Party political, reasons. One must realize these

differences and overlapping interests to appreciate the heavy burden

involved in Keitel’s position and, I might add, in order to judge

correctly the significance of his position.

It is difficult to realize the special relationship between the

leadership of the Armed Forces and the political sector because the

functions of Supreme Commander of the Armed Forces, of Reich War

Minister and of head of State were from 4 February 1938 all embodied in

the person of Hitler.

Therefore, since 4 February 1938, complete accord existed between the

political leadership and the highest leadership of the Armed Forces

since both powers resided in one and the same person.

The assumption of the Prosecution that the chief of Hitler’s military

staff was closely connected with his superior Hitler and must therefore

also be held responsible for political questions, if not as the

perpetrator, then in some form as provided in Article 6 of the Charter,

is erroneous.

In this connection there is no need to enter into the hierarchy of the

Führer State and the binding character of the Führer order. The military

hierarchy is older than the National Socialist ideology; moreover it

must be stated and taken into consideration that the introduction of the

absolute Leadership Principle into the Armed Forces signifies the final

elimination of all efforts which could perhaps be regarded as democratic

in a certain sense, or in any case as a restraint on the dictatorial

appetite of Hitler. In this connection I refer to the affidavit of

Keitel, Document Book 2, Number 9, “The OKW and the General Staff.” The

rigid application of the Leadership Principle, judged retrospectively,

gradually adulterated the healthy military principle of obedience into

immoderate militarism. This found its expression, among other things, in

the prohibition of all criticism, from the highest authorities to the

lowest. I refer you to the speech made, by Hitler in the Kroll Opera

House in 1937 or 1936, also to the critical marginal note—statement of

General Winter—in the decree prohibiting applications for release on

the part of the generals in 1938, and finally to the removal of the

Supreme Commander of the Armed Forces and the War Minister.

It cannot and shall not be denied that the Defendant Keitel was

absolutely in favor of the Leadership Principle in the leadership of the

Armed Forces and that the essay “Foundations of the Organization of the

German Armed Forces” (L-211) can be regarded as a contribution to the

conduct of a future war—not, however, that an actual war was

anticipated at that time or that it was the reason for this essay.

What does this mean in regard to the Defendant Keitel? Anyone

recognizing the Leadership Principle as being militarily correct must

act accordingly. Professor Jahrreiss has stated that the Leadership

Principle, like every other political system, is not absolutely good or

bad, but that everything depends on the manner and methods used in

applying it.

Keitel has a military background and favors the Leadership Principle for

the field he knows. According to this principle the responsibility lies

completely with the one who has authority to command. While the

Leadership Principle in fact hardly underwent any change in the civilian

areas where it was also applied, though superficially, this principle

necessarily made itself felt much more strongly in the military sphere,

particularly in the relationship between the commanders-in-chief and

their chiefs of the General Staff.

Formerly the chiefs of the General Staff had been the really responsible

commanders, now they became the operational assistants to the

commanders-in-chief. In the formulation of orders they were

“collaborating advisers” in the field of strategic operations, for which

these officers had been especially trained. Keitel was neither a

commander-in-chief nor a chief of the General Staff; he was the chief of

the military chancellery under Hitler, a soldier and an administrator of

war-ministerial duties, therefore a “minister,” claims the Prosecution.

One should not refer in this Trial to formal distinctions when the real

functions give another picture. This is particularly important in the

case of Keitel. It should be determined what he actually was and how he

acted in reality.

The dual position created by the decree of 4 February 1938 has led to an

erroneous conception of Keitel’s functions. We assume that Hitler

dissolved the Reich War Ministry because he no longer wished to have a

War Minister; in spite of the fact that on 4 February 1938 a

considerable number of functions up to then handled by the Reich War

Ministry had been assigned to the individual Armed Forces’ branches,

there were a number of functions which had to be retained and

administered in the OKW.

But taking into account the idea of an intended strict concentration of

functions pertaining to the conduct of the war, Keitel was unable to

deal even with those on the basis of complete authority and according to

his own judgment, but had to present the demands of the Armed Forces and

co-ordinate the Armed Forces’ affairs with the tasks of the other

ministries.

It cannot and will not be denied that this concentration of duties in

the person of Hitler was impracticable. Thus, a huge amount of

preparatory and executive work rested with Hitler’s military staff,

whose Chief of Staff was Keitel. Hence, it was also responsible,

although not with reference to important questions, especially those of

a fundamental nature. It was, of course, a matter of judgment to what

extent the Defendant Keitel considered matters essential and fundamental

and submitted them. But the evidence showed that when in doubt about

matters, after conscientious examination, Keitel was inclined to present

them rather than to make his own decision about them.

The sources from which Hitler obtained his news, through Himmler,

Bormann or some other way, were so intricate that Keitel had no way of

knowing whether Hitler had the information that seemed to him to be

important. To avoid the unavoidable discussions afterward with Hitler

who, being distrustful of everyone, always took it for granted that

people would intentionally conceal things from him, Keitel was anxious

not to leave himself open to the reproach of having omitted anything. A

characteristic example is the case of the mass escape of 80 R. A. F.

officers from the POW Camp Sagan.

Here the point is simply to show that Keitel in his capacity as guardian

of the actual war functions which still remained in the OKW, held no

position as a minister. Here, too, he was the _Chef du Bureau_, the head

of the military chancellery, a position which is also held by the chief

of a ministerial office, or even a state secretary. I wish to refer

again in this connection to Dr. Lammers’ statement, and to the

affidavits of Admirals Raeder and Dönitz, which I have already mentioned

repeatedly.

The text of the Führer decree of 4 February 1938 shows that Hitler also

wished to make this clear. If Hitler had not had the definite desire to

exclude everyone else from a responsible, and perhaps for him

uncomfortable function in the highest military sector, he might have

given Keitel at least the authority to take part in Cabinet meetings. In

the Führer decree in which the Commanders-in-Chief of the Army and Navy

as well as Keitel had been given the “rank” of a Reich minister, it was

explicitly ordered that both commanders-in-chief should be entitled to

take part in Cabinet meetings. The fact that this was decreed

simultaneously is a convincing _argumentum e contrario_. It proves that

Hitler did not wish to give his Chief of Staff of the OKW an opportunity

to present his own opinions and possible doubts before the Cabinet.

Hitler gave the Defendant Keitel the “rank” of a Reich minister for the

purpose of enabling him to carry on direct negotiations with the

departmental ministers. Had Keitel not had the rank of a Reich minister,

he would have been limited to conferences with state secretaries and the

like, and thus be very much handicapped in carrying out the Führer’s

orders and his tasks.

It is in error, therefore, that the Prosecution has classified Keitel as

a Reich minister “without portfolio.” He was not a minister, nor a

member of the Reich Government. State Secretary Stuckart in a document

submitted to the Prosecution has listed all members of the

Reichsregierung. Keitel is not among them; he is mentioned in this

document only as the holder of one of the highest offices.

Now, the Prosecution has not limited the term Reichsregierung to

membership in the Reich Cabinet, but considered other committees as part

of the Reichsregierung, too. It would seem, therefore, as if the

Prosecution looked upon the legal structure based on German law as

irrelevant. Pursuant to Appendix B to the general bill of Indictment,

the Reichsregierung in the sense of the Indictment is composed of:

1. Members of the regular Cabinet after 30 January 1933, the day Hitler

became Chancellor of the German Republic. The expression “regular

Cabinet” used here includes: Reich ministers, that is, heads of

departments of the Central Government; Reich ministers without

portfolio, ministers of State with the function of Reich ministers, and

other officials entitled to participate in the Cabinet meetings.

Trial of the major war criminals before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, volume 17 · 第 47 / 51 题