3. Members of the Secret Cabinet Council.

Regardless of the individual responsibility of every defendant the

Tribunal must examine whether the concept of a “Reich Government” as

defined by the Prosecution is correct, that is, practical; whether, as

to the composition of this group, the Prosecution’s concept of a “Reich

Government” appears justified. In any case it is not sufficient to

accept as correct the assertion of the Prosecution in this respect.

I assume that my colleague Dr. Kubuschok will enlarge on this during his

case.

THE PRESIDENT: Dr. Nelte, the Tribunal feels that you are taking a very

long time over this question of whether Keitel was—what his exact

position was.

DR. NELTE: I believe, Mr. President, that the Prosecution also took a

great deal of time to make clear what position Field Marshal Keitel

occupied in their opinion. He is not here as Field Marshal, but as the

Chief of the OKW.

THE PRESIDENT: Well, if they have, I must confess that I have forgotten.

It seems to me and the Tribunal generally that you are taking up far too

long on this topic. You have got many other topics which are of very

great importance to the defendant, and you have already been speaking

for several hours, and you occupied a large number of pages in order to

try and define what Keitel’s position was. I thought you might be able

to cut it down.

DR. NELTE: I shall try.

I have explained that Defendant Keitel did not belong to Group 1; that

is to say, that he was not a minister.

He was neither chief of a Government department, nor a Reich minister

without portfolio, nor a state minister having the functions of a Reich

minister, nor an official who was entitled to attend Cabinet sessions.

In the hearing of evidence it was proved that despite the Führer Decree

of 4 February 1938 there never existed a Secret Cabinet Council; that

such council was never set up; that it never held a session; and that no

persons involved ever received a commission. Thus, it is proved that the

defendant was also never a member of the Secret Cabinet Council.

It is true that Keitel was a member of the Ministerial Council for the

Defense of the Reich. Witness Dr. Lammers has confirmed that the fact of

his becoming a member of the Ministerial Council for the Defense of the

Reich did not change Keitel’s official position, and especially did not

make him a minister. In his affidavit of 25 November 1945, Codefendant

Dr. Frick says that Keitel worked in the Ministerial Council for the

Defense of the Reich as “liaison man.”

Although he is not listed among the members of the Reich Cabinet,

Keitel’s capacities as a member of the so-called “Dreimänner-Kollegium”

(Three Man College) and as a member of the Reich Defense Council have

been mentioned by the Prosecution. I believe I may refer to the result

of the hearing of evidence. It was shown that a Three Man College as a

Government committee never existed, and that the Reich Defense Council,

after the unpublished Reich Defense Law of 1938, never held sessions, or

in any case that it never held conferences, or passed resolutions.

In order to clarify the Defendant Keitel’s responsibility and competence

it is necessary to analyze the concept of OKW. I ask that this statement

be not considered a theoretical and therefore superfluous discussion.

The very fact that the Prosecution makes a sweeping and fundamental

assertion...

THE PRESIDENT: Dr. Nelte, may I ask what you have been doing if you have

not been analyzing the concept of the OKW?

DR. NELTE: Up to now I have explained Keitel’s position as Chief of the

OKW. In statements on Page 74 and the following pages I wanted to

explain to you that the Prosecution, and others as well, have talked

about the OKW: and “OKW” is a word which has three different types of

significance.

Mr. President, if you will be good enough to permit me to submit this in

its written form, and if you would consider it as having been presented

in Court, then I am willing to leave out the pages up to 77 and submit

them to you. In any case, it appears to me to be an important part of

the explanation regarding the interpretation of the word “OKW,” and the

fact that this is not identical with Keitel is particularly important.

May I do that?

[_The President nodded his assent._]

In that case, then, I shall continue at Page 77.

In order to clarify the Defendant Keitel’s responsibility and competence

it is necessary to analyze the concept of OKW. I ask that this statement

be not considered a theoretical and therefore superfluous discussion.

The very fact that the Prosecution makes a sweeping and fundamental

assertion, and that the French Prosecution undertakes a pointedly legal

examination of the question as to the office in which each defendant was

active with regard to the counts he is charged with, makes it my duty to

clear up a mistake made by the Prosecution. However, this mistake is all

the more excusable, because not only foreign countries but large groups

at home, even within the Armed Forces, did not know what OKW meant. It

became a popular collective term for the supreme command of the Armed

Forces without anybody taking the trouble to find out who and what was

behind the three words “Oberkommando der Wehrmacht.” This corresponds to

the law of inertia governing the association of human beings, to the

almost pathological mania to abbreviate titles of military commands.

Since, furthermore, the communiqués of the High Command of the Armed

Forces were published daily, and all announcements referring to war

events began with the words: “The High Command of the Armed Forces

announces,” not only did these words become impressed upon the public’s

mind, but also the conception that the “High Command of the Armed

Forces” was the supreme military command. The conception would be

correct had the words OKW not been translated with Oberkommando der

Wehrmacht (High Command of the Armed Forces) but rather as Supreme

Commander (Oberkommandierender) of the Armed Forces. It was Hitler

alone, as “Supreme Commander of the Armed Forces,” who was the

incarnation of what everybody imagined the OKW to be, namely, the

central military planning and command headquarters and thus the supreme

command and executive headquarters for all military matters. In this

respect the OKW was synonymous with Hitler as “Supreme Commander of the

Armed Forces,” which was his official title.

If, in naming the headquarters of the supreme commander, it was desired

to avoid the title “Supreme Commander of the Armed Forces” which was in

accordance with the prevalent Leadership Principle, the title

“Oberkommando der Wehrmacht” was bound to be used. This headquarters

comprises the supreme commander himself, that is, Hitler, and his

assistants, his staff.

The Führer Decree of 4 February 1938 bearing the heading: “Decree

concerning the Command of the Armed Forces” resulted, through the

unfortunate and vague nature of its wording, in an interpretation that

the “Chief OKW” mentioned therein was the chief in the sense of

director, of the High Command of the Armed Forces. It is true that it

follows from the decree that “Chief OKW” is to mean “Chief of Staff

OKW,” that is chief of Hitler’s bureau in his capacity as Supreme

Commander of the Armed Forces. But since then, every time that people

have spoken and speak of the OKW, everybody thinks of Keitel without

examining whether the expression means: OKW-Oberkommandierender (Supreme

Commander) of the Armed Forces, OKW-Headquarters of the Supreme

Commander of the Armed Forces, or OKW-Staff of the Headquarters of the

Supreme Commander of the Armed Forces.

The Prosecution makes no distinction in this respect, just as the German

agencies were unaware of the exact difference, or at any rate paid no

attention to it. They, just like the Prosecution now, thought it right

to claim the OKW’s jurisdiction and responsibility for anything having a

connection with the Armed Forces or members of the Armed Forces. From

this viewpoint to claiming Keitel’s personal jurisdiction by virtue of

the title “Chief OKW” there is only a short step. For Germans and

foreigners the recollection of the first World War was a contributing

factor in forming this opinion, which was not based on an examination

according to constitutional law. The relationship between Hitler and

Keitel prompted the comparison with the relationship between the Kaiser

and Von Hindenburg. This comparison had results for the Defendant Keitel

which are shown at this Trial. Without thinking of the fundamental

differences between Von Hindenburg as Chief of the Great General Staff

which existed until 1918, and Keitel as the chief of Hitler’s military

executive staff, and without knowing the field of Keitel’s jurisdiction

and what possibilities Keitel had as regards Hitler’s plans and measures

by virtue of the functions assigned to him, comparisons were made which

gave rise to doubts about him. When furthermore—after the catastrophe

had set in—Keitel once again came to play an outwardly similar part as

representative of the Armed Forces when he had to execute the signature

for unconditional surrender, this comparison also turned out to his

disadvantage. People do not ask about jurisdiction when things go badly,

but look for a guilty person and the guilty person is judged by external

appearances. Quite naturally the great attention paid to Keitel’s person

at this Trial can largely be traced to the fact that after Hitler’s

death Keitel came into the public eye.

In order to see clearly what part Keitel really played, and what share

he had in what happened, I now wish—after investigating his legal

competencies—to examine what actual influence he had upon the

development and carrying-out of the measures, the effects of which

constitute the subject of this Trial. From everyday experience we know

that it does not matter so much what a person is supposed to be in a

particular position, but what he has made of that position by virtue of

his personality. I believe I may say that in the course of this Trial

the personality of no other defendant has been judged in such varying

and contradictory ways as that of the Defendant Keitel.

Decisive for Keitel’s material responsibility is his actual position in

the tug-of-war with and around Hitler, his effective influence upon that

group, and thus on those circumstances as a whole which could have

influenced the operations of Hitler’s headquarters in the military

field.

I shall deal with this fundamental topic when taking up the charges made

by the Prosecution against Keitel and other defendants on the strength

of the cross-examination of Dr. Gisevius, in other words, after the

presentation of evidence for Keitel has been completed.

In view of the comprehensive scope of Justice Jackson’s questions and

the answers given thereto by Dr. Gisevius, the testimony of Dr. Gisevius

has become of tremendous importance in the case of the Defendant Keitel.

Had Dr. Gisevius’ statements about Keitel been true—that is, statements

made by him on the basis of information, in most instances in terms of

conclusive findings—the Defendant Keitel could not have told the truth

during the presentation of evidence. The importance of that fact becomes

evident when it is considered that a negative opinion on truthfulness

would of necessity destroy Keitel’s defense, which in its essence draws

on the subjective aspect of facts as a whole. In view of this fact and

the importance of the testimony of Dr. Gisevius also for other

defendants, it becomes my duty to explain the contrast between Keitel’s

answers and the testimony of the witness Gisevius.

Experience teaches us that dead witnesses are the best witnesses,

because their purported utterances cannot be directly refuted. Evidence

on the strength of information belongs to another group of statements

which almost defy refutation. The testimony of Gisevius combines both

possibilities, in that he bases his testimony primarily on information

obtained from witnesses who are dead. Justice Jackson used Dr. Gisevius

as star witness in his comprehensive attack on the Defendant Keitel.

After the completion of the presentation of evidence against Keitel, he

did not bring forward one individual circumstance, but an Indictment on

all Counts and a general judgment, on Keitel’s answers.

The counterevidence is concerned with proving the objective

incorrectness of facts based upon information obtained from certain

individuals and further, with establishing proof of the unreliability of

the information. I call to mind the words which the Defendant Keitel

said under oath upon completion of his direct examination by me while in

the witness box:

“One may hold it against me that I was wrong and made mistakes,

that my attitude toward the Führer Adolf Hitler was wrong and

weak, but it should not be said of me that I was a coward, that

I was untruthful, and that I was disloyal.”

I sum up in condensed form the charges made against the Defendant Keitel

during interrogation by the Prosecution, as follows:

(1) Keitel built an impenetrable ring round Hitler so that the latter

could be told nothing.

(2) Keitel failed to pass on to Hitler reports he had received from

Canaris whenever they concerned atrocities, crimes, and the like, or he

gave orders to modify them.

(3) Keitel had a tremendous influence on the OKW and the Army.

(4) Keitel threatened his subordinates, when they made political

statements, that he would not protect them; he even said that he would

turn them over to the Gestapo.

Dr. Gisevius says in one part of his statement that Keitel had no

influence over Hitler. He exonerates Hitler by explaining that Keitel

had formed a ring round Hitler, in order that the latter should be told

nothing. The British and American Prosecution in their Indictment called

Keitel a powerful staff officer who had exerted great influence over

Hitler; the French Prosecution described Keitel as a willing tool of

Hitler; the German generals called him a “yes man” who could not carry

anything through; and now Keitel grows, according to the statement of

Dr. Gisevius, into a real handyman and buffer for Hitler, who hid from

the latter anything bad, who submitted to him only what he saw fit, and

permitted no one to approach Hitler.

To assert that Keitel blocked access to Hitler, can only be maintained

by somebody who did not know the conditions prevailing around Hitler.

Before the war Keitel worked in Berlin in Bendler Strasse, while Hitler

was in Wilhelmstrasse. Keitel came perhaps once a week to report, or on

special order. At that time, on account of the distance, it was in fact

impossible for Keitel to exert any influence over access to the Führer.

It was equally impossible when Hitler was at the Berghof near

Berchtesgaden for weeks at a time, while Keitel remained in Berlin.

At the beginning of operations, Keitel was with Jodl and the Armed

Forces Operations Staff at the Führer’s headquarters. Here also they

were separated. Keitel did not sit in Hitler’s anteroom, but rather in

other buildings or barracks. He came from time to time with General Jodl

to the conference on the situation, in which, besides Hitler, some 15 or

20 officers of all three branches of the Armed Forces took part. Apart

from the conferences on the situation there was no personal contact.

When Hitler wanted Keitel for anything he sent for him. Personally and

individually there was closer contact in Berlin between Hitler and his

adjutants, the Chief of the Party Chancellery, the Chief of the

Presidential Chancellery, and the Chief of the Reich Chancellery. Keitel

not only could not decide who should see Hitler, he also could not

possibly prevent anybody going to Hitler.

Hitler’s sources of information were the responsible heads of each

department; it was occasionally not clear whence Hitler obtained his

information, as I have already stated. Gisevius did not know these

conditions from his own experience; he himself was never near Keitel,

who never saw or spoke to him and did not know his name. When he gave

his opinion here, he could only base it on information given him by

Canaris, Thomas, and Oster.

General Jodl has been heard regarding this question. He certainly is the

best witness in this matter, since he, as well as Keitel, lived in

direct proximity to Hitler and therefore could form his own judgment. He

stated concerning this matter:

“Unfortunately, it was impossible to keep things from Hitler.

Many channels of information led directly to Hitler.”

Upon my interrogation, at the suggestion of the Tribunal, Jodl fully

confirmed that what Keitel had testified was quite correct, and that

what witness Gisevius stated in this respect was, in general, merely

figures of speech.

The Codefendants, Admirals Raeder and Dönitz, have confirmed that the

allegation of the witness Gisevius that Keitel was able to keep the

commanders-in-chief of the branches of the Armed Forces away from Hitler

is false. If, however, this was not the case, it follows that the way

from the branches of the Armed Forces to the Führer was open at any

time. Through the hearing of witnesses it was also established that

apart from Jodl, the Chief of the Armed Forces Operations Staff, Canaris

in particular had direct access to Hitler. Thus, the accusation of the

witness Gisevius that Keitel had formed a ring round Hitler is proved

false.

The witness Gisevius has declared that reports were submitted to Keitel

by Canaris about atrocities in connection with deportations,

extermination of Jews, concentration camps, the persecution of the

Church, and the killing of insane persons, all of which Keitel withheld

from Hitler. The same is alleged about the reports of General Thomas,

Chief of the War Economy Office, the purpose of which was to inform

Hitler about the war potential of the enemy and make him listen to

reason.

Concerning Admiral Canaris’ reports, it must be said that as chief of

espionage and counterintelligence he naturally delivered regular reports

which concerned the conduct of the war, including the conduct of

economic warfare. It is affirmed that reports were submitted on subjects

which belonged neither to the jurisdiction of the Counterintelligence

Office nor to that of the OKW. It has been proved that Hitler took

strict care that every worker confined himself to his own special field,

and it was particularly forbidden for military offices to concern

themselves with political affairs.

Keitel has declared under oath that he knew nothing about the

atrocities, and especially the extermination of the Jews and the

concentration camps. This is in absolute contradiction to the assertion

of the witness Gisevius that Canaris submitted reports to the Defendant

Keitel on the above-mentioned subjects.

One can assert that reports of any kind whatsoever were delivered to

Keitel without fear of being contradicted, especially when one has no

fear that these reports will be found. For if they are not delivered

they cannot be found, because they do not exist. Now Gisevius has

declared that he collected documents from the beginning which contained

incriminating material. Is it not remarkable, under these circumstances,

that up to now none of these reports have been produced? As far as they

were available at the OKW, they have been used in the accusation and as

evidence. Can it be sufficient under these circumstances for a witness

to declare that he knows from third parties that such reports were

submitted to Keitel?

Canaris, because of his particular activity, which took him constantly

to foreign countries on personal secret errands for Hitler, had access

to Hitler at all times. He would thus have had an opportunity to go to

Hitler immediately if he had had such serious misgivings of conscience,

as Gisevius has declared he had. Why did he not do so?

Now, Gisevius, who in general has pronounced comprehensive and damning

accusations, has, luckily for Keitel, at one point of his deposition

made a positive declaration that permits of objective verification. I

quote:

“...I believe that I have still two examples to mention, which

to me are particularly characteristic: First, the attempt was

made by all possible means to induce Field Marshal Keitel to

warn Hitler against the invasion of Holland and Belgium, that

is, to inform Hitler that the information submitted by Keitel

about alleged violations of neutrality by the Dutch and Belgians

was false. The Counterintelligence Office was to prepare reports

incriminating the Dutch and Belgians. Admiral Canaris at that

time refused to sign these reports. I request that this be

verified. He told Keitel repeatedly that this report which was

ostensibly made by the OKW was false. This is an instance where

Herr Keitel did not transmit to Hitler what he was supposed to

have transmitted...”

I have submitted to General Jodl, here on the witness stand, Document

790-PS, which refers to the case of the _White Paper_ concerning

violations of neutrality by Holland and Belgium. Jodl testified

literally, and I quote:

“...I understand the question, and would like very briefly to

state the facts how it was possible—if disgust does not choke

me. I was present when Canaris came to the Field Marshal in the

Reich Chancellery with these report notes and laid before him

the draft of the Foreign Office’s _White Paper_. Field Marshal

Keitel then looked it through, above all paying attention to the

comments which Canaris had made at the request of the Foreign

Office, namely, that the reports were perhaps still somewhat in

need of improvement, that he should confirm the fact that a

military operation against Holland and Belgium was absolutely

necessary, and that, as is expressed here, a final really

striking violation of neutrality was still lacking. Before

Canaris had said a word, Field Marshal Keitel threw the book on

the table and said: ‘I refuse to do this, why should I take any

responsibility at all for a political decision? In this _White

Paper_ there appear word for word, true and correct, the very

same reports that you, yourself, Canaris, brought to me.’ To

this Canaris said: I am entirely of the same point of view. It

is, in my opinion too, entirely superfluous to have this

document signed on the part of the Armed Forces, and the reports

that we have here are altogether quite sufficient to prove the

violations of neutrality which have taken place in Holland and

Belgium.’ And he advised Field Marshal Keitel not to sign it at

all. That is the way it happened. The Field Marshal then took

the paper with him and I do not know what happened

subsequently...”

Keitel did not sign the _White Paper_. Therefore in the only verifiable

case a clear proof is obtained of the incorrectness of Gisevius’

testimony.

According to the statement of the witness Gisevius, Keitel exerted a

tremendous influence on the OKW and the Army. These words, without any

presentation of concrete facts, are only a phrase in the mouth of a man

who had no contact whatsoever with Keitel. They are refuted by the

statements of Reich Marshal Göring, Admiral Dönitz, and Admiral Raeder.

Jodl has defined this statement as merely a figure of speech.

Insofar as the witness speaks of his tremendous influence on the OKW, it

must appear questionable what he really means. Naturally, Keitel as

Chief of Staff had influence in the OKW, influence which resulted from

his position, which I have already discussed. His position in relation

to his subordinates will be taken up later. The important thing,

however, is whether Keitel had a decisive and culpable influence on what

happened. That this was not the case has even been confirmed by

Gisevius, and also the fact that he had no decisive influence on the

branches of the Armed Forces; it has also been established by the

results of the testimony.

A particularly damaging charge against the Defendant Keitel was “that

instead of placing himself in front of his subordinate officers to

protect them, he threatened to hand them over to the Gestapo.”

In contradiction to this it has been established that no chief of office

in the OKW was dismissed in the years up to 1944; furthermore, until 20

July 1944, the day of the attempt on Hitler’s life and the transfer of

the judicial power in the home Army to Himmler, no officer of the OKW

was turned over to the Police. Admiral Dönitz has confirmed that the

branches of the Armed Forces and the OKW were very scrupulous in

maintaining the privileges of the Armed Forces in relation to the

Police.

The Court has also seen here how General Jodl spoke about his

relationship to the Defendant Keitel. I think this remark has a special

importance, not only because Keitel lived on companionable and friendly

terms with his official subordinate, General Jodl, during their long

years of co-operation. As natural as that may appear, the less natural

it is if one reflects that Jodl, in spite of his officially subordinate

position, in reality became more and more Hitler’s sole strategic

adviser. What this means, considering the preponderance of the

operational tasks in the war, has been convincingly demonstrated here by

General Jodl.

If Keitel accepted this without jealousy, freely acknowledging the

superiority of his subordinate Jodl in this domain, this proves that

Keitel possessed a trait of character which refutes the information

derived from obscure sources by the witness Gisevius.

The proven fact that Keitel lived on friendly and companionable terms

with his subordinate Chief of Office, Canaris, is also in contrast with

the assertion to the contrary by the witness Gisevius.

In this connection it is necessary to refer to the fact, not submitted

by Keitel but testified to by Jodl without Keitel’s consent, that the

latter supported and helped Canaris’ family after his arrest. I only

refer to this to refute the perhaps most serious personal reproach,

according to which Keitel did not behave decently toward his

subordinates and abused his superior position—which was especially

powerful in military life—even to the point of threatening them with

violence.

In reality, according to Gisevius’ evidence, Admiral Canaris not only

played a double role officially, but also with respect to the Defendant

Keitel; in exploiting the friendship shown to him he expressed a similar

attitude, whereas among his own group he openly spoke in a spiteful way

about Keitel.

Finally, in this connection reference must still be made to the evidence

of the witness Von Buttlar-Brandenfels (Session of 8 May 1946) from

which it is clear that Keitel always treated the officers of the Armed

Forces Operations Staff kindly.

The witness mentions a quarrel between himself and Lieutenant Colonel

Ziervogel on the one hand and Himmler on the other, in which Keitel, to

whom the incident was reported, immediately and energetically intervened

in writing to protect his subordinates against Himmler. The affidavit of

the Chief of Office in Canaris’ office, Admiral Bürckner, to which I

refer, testifies in the same way to Keitel’s kindly attitude toward his

subordinates. At any rate, it must be said in clarification that Keitel

many times had occasion to speak energetically to his office and

department chiefs.

I shall then continue by explaining that officers did not generally

concern themselves with politics, and that only when the situation

became worse did they make political information the subject of their

argumentation. And I add that Keitel has, in fact, defined his attitude

with words based on the assumption that the soldier in war must declare

his faith and obedience, and if Keitel ever heard anything about such

matters, he would reprimand these officers.

Dr. Gisevius himself has said here that it was strictly forbidden for

officers to concern themselves with political questions. The Defendant

Keitel has stated that Hitler several times categorically declared the

politicians were not allowed to concern themselves with military

questions because they knew nothing of them; neither were the generals

allowed to concern themselves with politics, because they knew nothing

about that either.

Hitler’s fundamental attitude in this question is shown in the decree

dating from 1936, or the winter 1936-37, by which political reports to

or for the Armed Forces were prohibited.

In logical execution of Führer Order Number 1, Hitler not only wanted an

absolute separation of the fields of activity, but also that no office

should ever be informed of the proceedings in another office. It was

only a logical consequence that Hitler strictly prohibited any

discussion of political questions by officers, and that the Defendant

Keitel, while carrying out this prohibition which he himself approved,

charged his officers, when there was reason to do so, to refrain from

such discussions.

It is obvious that this was not a question of an academic discussion of

political problems, but of an attitude revealing itself as negative

toward the position of the Supreme Commander of the Armed Forces. As

long as there were successes, there was no question of this. After

Stalingrad one could hear expressions of opinion, which at that time

were characterized by Keitel as the expressions of a weak nature.

In accordance with his fundamental attitude that a soldier in wartime

should show unconditional and natural loyalty toward his people and

fatherland as represented by the head of the State and Supreme Commander

of the Armed Forces (and to an extreme degree when reverses set in),

Keitel was actually ruthless in condemning such expressions. He did not

wish even to cause the impression that he was of a different opinion

than his superior, that he personally had fears.

Trial of the major war criminals before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, volume 17 · 第 49 / 51 题