I am going to turn now from the Commando Order and...

JODL: May I say something else about this document?

MR. ROBERTS: Yes, anything you like.

JODL: This incident never came to my knowledge; at least, I have no

recollection of it. As far as I know, it never appeared in the Armed

Forces communiqué, because General Dostler did not report the incident

to his commanding officer, Kesselring, who might have been able to take,

and might have taken, a different course in this affair.

MR. ROBERTS: Why do you say that you had to circulate this order? No man

can compel another to circulate an order for murder, unless he does it.

JODL: I have explained at length that this order could not simply be

interpreted as an order to murder, but that very serious and justified

doubts and considerations could arise with regard to international law

and with regard to the justness of this order. In any case, you should

have complete appreciation of such a delicate situation, because even

now, in my position here, I cannot say or do as I like, and that exactly

is what I experienced during these last 5½ years.

MR. ROBERTS: You could have refused. You could have said, and the other

generals could have said, could you not: “We are all honorable soldiers.

We will not publish and issue those orders”?

JODL: Certainly under other circumstances it might have been possible,

first, if at the time I had not had that conflict with the Führer, and

secondly, if the British Ministry of War had made my task a little

easier. However, these events and the statement made by the British on

the 2d of September put the Führer into a rage against which I was

powerless. How much I tried to resist, for that the document itself is

the best proof, because the threat of punishment and detailed

justification for it were directed against me personally.

THE PRESIDENT: Mr. Roberts, would that be a convenient time to break

off?

[_A recess was taken._]

MR. ROBERTS: I want to ask you a few questions about the deportation of

the Jews from Denmark. Will you look, please, at a new exhibit, D-547,

which I offer as GB-488. Now, that is the OKW Operational Staff from the

commander, Denmark, dated 20 September 1943. That is before the teletype

which has been put in, 2 days before:

“The Führer has agreed in principle with Dr. Best’s telegram

that the Jewish question in Denmark be solved very soon by

deportation.

“Execution of this measure should take place while the state of

military emergency still exists. It is not certain if sufficient

police forces can be provided for the arrest of the Jews and

their families, about 6,000 persons, most of whom live in

Copenhagen. The Army would be heavily burdened....

“I believe that the results of the deportation will be

serious....

“The armament industry deliveries will be prejudiced.

Considerable disturbances will have to be reckoned with.”

And you made a note on the back of it:

“I know nothing of this. If a political measure is to be carried

out by the commander of Denmark the OKW must be notified by the

Foreign Office.”

Is that right?

JODL: Yes. I would not have recalled this document, but I certainly

wrote the note. It proves that I did not remember until now that

obviously this question had been discussed in Denmark some days before

and that the commander in Denmark had been making objections.

Consequently I wrote, I know nothing of this. This is a political

measure, and if a political measure is to be carried out in Denmark,

then the Foreign Office should kindly notify us.

MR. ROBERTS: I omit one or two unimportant documents. Will you go to

document dated 1 October 1943—the fifth or sixth document of Your

Lordship’s file, Number D-547, dated 1 October 1943. It is to the OKW

from Denmark, and quotes as follows:

“The Reich Plenipotentiary in Denmark has given the following

report to the Minister for Foreign Affairs:

“1) The arrest of the Jews will take place on the night of 1-2

October. Transportation from Zealand will be carried out by

ship....

“2) Should I receive no contrary instruction, I do not intend

allowing the Jewish action to be mentioned, either on the radio

or in the press”—and then

“3) ...I intend leaving the possessions of the evacuated Jews

undisturbed in order that the seizure of these possessions

cannot be imputed to be the reason or one of the reasons for the

action.”

Then you deal with the disadvantages—the writer does—and there is a

question: “Does the Reichsführer SS know?” The answer:

“The Reichsführer SS knows, is in agreement,” and then a pencil note in

Jodl’s handwriting, “The Führer agrees.” Is that in your writing?

JODL: Yes, that is my handwriting, but that refers only to the

announcement of the release of the interned Danish soldiers.

MR. ROBERTS: I see.

JODL: Then it is important to note in this document that the commander

in Denmark said that he did not intend having the property of the

evacuated Jews disturbed. He said:

“...I intend leaving the possessions of the evacuated Jews

undisturbed....”

He had the executive power at that time.

MR. ROBERTS: Have you got the next document in the same bundle, 2d of

October 1943, to OKW Operations Staff, from Denmark? I quote:

“Jewish action carried out in the night of the 1-2 October by

the German Police without incidents.”

And then the last document, dated 3 October 1943, to the OKW Operations

Staff:

“According to the statement of the Reich Plenipotentiary, the

Reichsführer SS has ordered that the Reichsführer SS alone as

the person ordering the Jewish action is to receive the exact

figures on arrests.

“The Plenipotentiary has, therefore, given no figures to the

commander of the German troops in Denmark. 232 Jews have been

handed in by the Police via the collecting points set up by the

Watch Battalion, Copenhagen.”

What was the Watch Battalion?

JODL: I cannot say that at the moment; I do not know how it was

composed. It might have been a unit of the Police; it might have been

part of the Army; I cannot say with certainty. At any rate it was a unit

which was used only for guard duties. But it is interesting that I wrote

the remark: “Is a matter of complete indifference to us,” which proves

that I was not interested in the affair, and refused to have any part in

it.

MR. ROBERTS: Yes, I wonder. First of all, you said that the Watch

Battalion might have been a part of the Wehrmacht. Were you...

JODL: That is not certain. I do not wish to dispute it definitely. There

were also watch battalions of the Army, but it might equally well have

been a watch unit of the Police. I cannot say it with certainty, but

General Von Hannecken should have information about it.

MR. ROBERTS: But were your “decent German soldiers,” whom you mentioned

yesterday, were they called upon to round up Jews who managed to get

through the SS net?

JODL: No, it says here, “...it was carried through by the Police,” and I

do not believe that any unit of the Wehrmacht concerned itself with

deportation of Jews. I do not believe it; the Wehrmacht rejected that.

MR. ROBERTS: Dirty work, was it not?

JODL: I do not believe that it happened; I do not believe it.

MR. ROBERTS: Then your note: “...is a matter of complete indifference to

us”—it was a matter of complete indifference to you how many Jews were

deported, you did not care?

JODL: The note does not imply that, but it does prove that the matter

was a political one, and with political matters I was not concerned. My

attitude to the Jewish question has, I believe, been made clear already.

MR. ROBERTS: Where did the Jews go to, Auschwitz?

JODL: No. The French Prosecution read it here; these Jews of whom we are

speaking now were taken to Theresienstadt; a few of the older people

died there, but all of them were treated well, and received clothing and

food. I had the same information, and this document of the Danish

Government confirms it.

MR. ROBERTS: You believe that, do you?

JODL: Yes, I believe that, because the Danish Government confirms it

here; it was confirmed in this court by the Prosecution itself.

MR. ROBERTS: Now I want to deal with one other topic, the topic of

forced labor. Did you say in your speech—will you look at your notes of

your speech, Pages 38 and 39, and it is Page 298 of Document Book 7, the

big one, the paragraph, which begins on Page 38 in the witness’ copy. It

has got a frame; I think it is a piece of paper headed “38.” I wonder if

you can find it for him.

“This dilemma of manpower shortage has led to the idea of making

more thorough use of the manpower reserves in the territories

dominated by us. Right thinking and wrong thinking are mixed up

together. I believe that insofar as concerns labor, everything

has been done that could be done. Where this has not yet been

achieved, it appeared to be more favorable politically to

refrain from measures of compulsion, and secure in turn order

and economic aid. In my opinion, however, the time has now come

to take steps with remorseless vigor and resolution in Denmark,

Holland, France, and Belgium to compel thousands of idlers to

carry out the fortification work which is more important than

any other work. The necessary orders for this have already been

given.” (Document Number L-172, Exhibit Number USA-34.)

Do you remember them?

JODL: There is no doubt that I drafted this once.

MR. ROBERTS: Yes?

JODL: But that does not prove that I said it.

MR. ROBERTS: But had the necessary orders been given for the civilians

in the occupied territories to work on the German fortification?

JODL: A compulsory labor order was issued in most countries, but I—you

may not know it—I state under my oath that in Denmark and Holland, and

also in Belgium, local firms, which recruited their own labor under the

labor order, worked on these fortifications and that the populations of

these areas were particularly glad about this, because the stronger

their coast was fortified, the more certain were they that the invasion

would not take place in their neighborhood. And, of course, they were

greatly interested in preventing an invasion, which they knew would

destroy everything. Though it sounds incredible, the local inhabitants

did work on these fortifications, some of them with the greatest

enthusiasm. That is a fact.

MR. ROBERTS: No, I did not stop you. But had the necessary orders been

given—that is in the last sentence—to compel these people who did not

want to, to compel them to work on fortification? I am not talking about

the people who did want it, but the people who did not.

JODL: I understand. I did not know details of the procedure, as I did

not concern myself with it, but I did know that compulsory labor orders

had been issued in the occupied countries.

MR. ROBERTS: Very good. I will leave that, if you have said all you want

to say. Will you look now, please, at a new document, Number 1383-PS,

which I offer as GB-489. This is a report of a discussion of the current

military situation, 12 December 1942, Pages 65 and 66, Jodl speaking:

“The military commander of France reports: The number of French

workers deported into the Reich since 1 June has now passed

220,000. There are in round figures 100,000 skilled laborers in

Berlin.”

How many of these 220,000 were volunteers, did you find out?

JODL: I cannot say that; I only quoted from a report which was appended

to the situation report from France. That a large-scale exchange between

prisoners of war and workers had been in progress has already been

stated in detail by Sauckel.

MR. ROBERTS: I will leave that. I ask only two questions now on Sagan,

Stalag Luft III.

You said yesterday that after the incident of the Sagan shooting, you

thought Hitler was no longer “humane.” Did you say that?

JODL: I said yesterday, I had the impression then that he was disavowing

all humane conceptions of right.

MR. ROBERTS: Had you thought that he was humane up to March of 1944?

JODL: Before this time, I personally knew of no action of his which

could not be justified legally, at least under international law. All

his previous orders, so far as I knew, could still be justified in some

way. They were reprisals. But this act was not a reprisal.

MR. ROBERTS: This was—would you agree with me—the word is not too

strong—that this was sheer murder of these 50 airmen?

JODL: I completely agree with you: I consider it sheer murder.

MR. ROBERTS: How could you honorable generals go on serving a murderer

with unabated loyalty?

JODL: I did not serve with unabated loyalty after this event, but I did

everything in my power to avoid further injustice.

MR. ROBERTS: Now I come to something else, the question of destruction

in Norway. The document is 754-PS. It has not yet been exhibited. I

offer it as GB-490. This document is signed by you, is it not?

JODL: I have known this document for a long time; it is signed by me.

MR. ROBERTS: Yes. Perhaps I might just read parts of it to the Tribunal.

Dated 28 October 1944. It is from your staff, and the distribution is to

the Army supreme command; commander-in-chief, Norway; to the Reich

Commissioner, Norway; and the Navy.

“Because of the unwillingness of the northern Norwegian

population to evacuate voluntarily the Führer has agreed to the

proposals of the Reich Commissioner and has ordered that the

entire Norwegian population east of the Fjord of Lyngen be

evacuated by force in the interest of their own security, and

that all homes are to be burned to the ground or destroyed.

“The commander, Northern Finland, is responsible that the

Führer’s orders be carried out without consideration. Only by

this method can the Russians with strong forces, aided by these

homesteads and the population familiar with the terrain, be

prevented from following our withdrawal operations during the

winter and shortly appearing in front of our position in Lyngen.

This is not the place for sympathy for the civilian population.”

Lyngen is in the very north of Norway, is it not, on the west coast?

JODL: No, on the northern coast, where Finland is closest to the coast

of the polar region and very near Norway.

MR. ROBERTS: Now, that order was carried out, according to the Norwegian

report, UK-79, which the Tribunal will find as the last document in the

small book, 7A, Page 26 of the Norwegian report, at the bottom of the

page, Page 26:

“As a result of the advance of the Russian troops and the

retreat of the German Army in Finnmark, October-November 1944,

the Germans practiced the ‘scorched earth’ policy for the first

time in Norway. Orders were issued that the civilian population

was to evacuate, and that all houses, transport, and stores were

to be destroyed. As a result of this, about 30,000 houses were

damaged apart from 12,000 items of damage to chattels amounting

to 176 million kroner.”

And then, for photographs will the Tribunal turn to Pages 62 and 63; 62

is a copy of the German order, and 63 is a photograph of the ruins of a

fishing village.

That was a cruel order, was it not, Witness?

JODL: No, not exactly. I should like to make a few explanatory remarks

about it. Typically, as I have always said, this order was urged upon

the Führer by the Reich Commissioner Terboven; not by the soldiers but

much against their will.

Secondly, this order was not carried out, because otherwise the cities

of Kirkenes, Hammerfest, and Alta would today no longer exist. All these

cities are east of the Lyngen Fjord. In practice this order was

moderated by our forces in agreement with me, and in conversations I had

with my brother, who was the commanding general in that region—and whom

I wanted to call as a witness since I expected this document to be

produced—it was moderated to such an extent that, in fact, only what

was necessary from a military point of view and could be justified under

Article 23 of the Hague Regulations on Land Warfare was destroyed.

Otherwise no city or house would be left today in northern Norway; and

if you were to travel there, you would see that these cities are still

standing, not destroyed.

The Armed Forces commander in Norway strongly protested against this

attitude of Terboven, and I repeated these objections to the Führer in

similarly strong terms, but nevertheless he demanded that this order be

issued. We who retained our humanitarian sentiments carried out the

order only insofar as it was absolutely necessary for military reasons.

These are the facts.

MR. ROBERTS: I think you said, when you were interrogated, that your

brother complained of this order, did he not?

JODL: Yes, quite, he was enraged by this decree.

MR. ROBERTS: Very well. I am now going to turn to two documents with

regard to the treatment of the Norwegian civilian population.

They are in your Document Book 1, Pages 99 and 100—well, it begins at

Page 98. These are regulations on the conduct during the occupation of

Denmark and Norway. And there are instructions to the troops to treat

the inhabitants politely and well and to behave themselves with due

decorum. That is right, is it not?

JODL: Yes, that is correct.

MR. ROBERTS: And they must be told that they are entering Norway for the

protection of the country and the safety of its inhabitants. That

appears on Page 99. That is rather a euphemistic description of a sudden

invasion with no declaration of war, is it not?

JODL: Yes, but at first it was carried out in a fairly peaceful manner

on the whole.

MR. ROBERTS: From your point of view?

JODL: No, from the point of view of the Norwegians as well. The most

extraordinary things...

MR. ROBERTS: Well, you know, we have seen—we can see in the Norwegian

Government’s report photograph after photograph of these towns and

villages bombed to ruins. Is that your idea of an orderly occupation?

JODL: What was bombed on the day of the landing is hardly worth

mentioning; just a few coastal batteries and a few fortifications, but

no cities. Villages were destroyed only later in the battle with the

English brigade at Dombass and at Lillehammer, but nothing was destroyed

when the country was first occupied. Then the Norwegians only stood at

the quays, hands in their pockets, and looked on with great interest.

MR. ROBERTS: And naturally, Witness, if you could have landed without

opposition and occupied the country without opposition, so much the

better for you? That is obvious, is it not?

JODL: Yes, undoubtedly; that would have been even better; and the

Norwegians would certainly have fared very well during the occupation if

Terboven had not come.

MR. ROBERTS: Now, I want you to look at a part of that document which,

quite properly, of course, was not read.

It is Appendix 5 which will be part, My Lord, I assume, of Exhibit

AJ-14, the number which this document was given when it was put in in

the examination-in-chief. But I am handing the Tribunal copies of

Appendix 5, because it does not appear in the Jodl document book.

[_Turning to the defendant._] Well, now, Appendix 5, I can describe as

the sting in the tail of this document:

“Guiding Principles for the Attitude of Troops in Occupied

Areas.

“Only”—I do not read the first few paragraphs—“Only in the

event of the civil population’s putting up a resistance or

behaving rebelliously can the following decisions be carried

out:

“1) If the civilian population offers resistance or if attacks

are to be feared, the arrest of hostages should, on principle,

be resorted to. Hostages should only be arrested on orders of

the commander of a regiment or a commander of equivalent rank.

“When accommodating and feeding hostages it should be borne in

mind that they are not imprisoned because of crimes. Hostages

and population are to be informed that the hostages will be shot

at any sign of hostile action. Previous sanction of the shooting

by the divisional commander must be obtained....”

Then:

“Armed resistance by the civilian population is to be crushed by

force of arms.”

The last sentence on that page:

“The death penalty will be imposed for violence of any kind

against the German Armed Forces. Immediate trials will be held

by a field court martial. The regimental commander can appoint

the summary court, composed of one captain, one sergeant, one

corporal, hear witnesses, draw up the sentence in writing. The

verdict will be the death penalty if guilty, otherwise

acquittal. The sentence will be executed immediately after

confirmation by the regimental commander.

“The following are to be considered as acts of violence:

Sabotage, destruction of our lines of communications, cutting of

telephone wires, demolitions, _et cetera_.” (Document Number

Jodl-37, Exhibit Number AJ-14.)

A little drastic, that, was it not? Only the death penalty?

JODL: These instructions are, word for word, in complete accord with our

directives which, in times of peace, were laid down by the group of

experts on international law in co-operation with the Foreign Office and

with German professors of international law. It would have been well, if

only these, our military precepts, our military court procedure laid

down before we went to war, had been followed consistently everywhere.

Our official directives laid down the question of hostages from the

point of view of international law, and there is no doubt that under

international law as applicable in the year 1939, the taking of hostages

was admissible.

MR. ROBERTS: I suggest to you, as you raise that point, that nowhere in

international law will you find the shooting of hostages legalized at

all.

JODL: Then it is not with certainty prohibited anywhere in international

law. I believe it is an open question. In our directives, even in the

_Handbook on Tactics_, the concept of taking hostages had been laid down

for years.

MR. ROBERTS: That may be so, and I do not want to argue with you about

it. I suggest to you that the Hague Regulations protect the lives of

civilians in occupied countries, unless they commit crimes, of course,

and also prohibit collective punishment of the innocent.

If you do not want to say any more on that—I do not want to stop you if

you do.

JODL: I can only summarize and say that every word here is in accord

with the directives applicable in the German Army, and these directives

were not illegal. But one would have to argue this problem with experts

on international law.

MR. ROBERTS: Very good. Now, will you look at one other document dealing

with Norway? It is D-582.

My Lord, it is a new document, and I offer it as GB-491.

[_Turning to the defendant._] Is that a document which comes from your

office?

JODL: Yes. It originated with the Armed Forces Operations Staff,

Quartermaster Section.

MR. ROBERTS: Do you know of it or not?

JODL: I cannot recall it, but there are some notes of mine on it, and so

I undoubtedly saw the document.

MR. ROBERTS: Oh, yes. Where are the notes, Witness?

JODL: They are on the back page of the last teleprint message.

MR. ROBERTS: Oh, I see what you mean, yes. Well, will you take first of

all—I had forgotten that you were getting more than one document. Will

you take first of all the document dated the 2d of February 1945? I

think it is the top one.

JODL: There are no remarks of mine on that document, so I cannot say

with certainty whether I have seen it.

MR. ROBERTS: Just have a look at it and tell me whether you have seen

it.

JODL: I do not think I have seen this. I do not—I have no recollection

of having ever read it.

MR. ROBERTS: Well, then, I do not think it would be right to

cross-examine you on that document.

My Lord, in that case, I would ask to withdraw it, and I will not put it

in as an exhibit.

THE PRESIDENT: I think the defendant said that it was from his office.

MR. ROBERTS: Very well, then. I will—he did that.

[_Turning to the defendant._] You see what the document says, Defendant.

It is dated 2 April 1945; it deals with...

JODL: The 2d of February.

MR. ROBERTS: It is the 2d of February. It deals with Reich Commissioner

Terboven’s report to the Führer. It says:

“Those responsible for attempts to murder and to carry out

sabotage are the illegal elements within Norway with a

bourgeois-national majority and a communist minority, as well as

individual groups which came direct from England or Sweden....

“The bourgeois-national majority was opposed to the communist

minority in conception of sabotage and murder, and in particular

with regard to their extent and nature. This resistance has ...

become progressively weaker during the course of the past year.

“Official departments of the exile government, as for instance

the Crown Prince Olaf, as so-called Commander-in-Chief of the

Norwegian Armed Forces, and various others, have called upon the

population in speeches and orders to carry out sabotage. As a

result, there is a particularly good possibility here of

stamping every supporter of the exile government as an

intellectual instigator or accomplice.

“The aim of the coming measures must therefore be: a) to

strengthen the power and will to turn once more against sabotage

by threatening the very influential class of leaders in the

bourgeois camp; b) thereby to exacerbate more and more

antagonism between the bourgeois and Communists....”

And then, “Suggestions.” These are suggestions from your office,

apparently:

“1. Particularly influential representatives of the explicitly

anti-German and anti-National Socialist class of industrialists

to be shot without trial on the accusation that they are

intellectual instigators or accomplices and stating that they

were convicted within the framework of police investigations.

“2. Similar men from the same circle to be sent to Germany to

work on fortifications.

“3. In cases where the circumstances are particularly suitable,

proceedings to be taken before the SS and Police Court, with the

execution of the sentence of death and suitable publicity.”

There are other suggestions which I need not read. And then the last

paragraph but one:

“The Führer has agreed to these proposals only in part.

Especially in connection with efforts at protection against acts

of sabotage he has rejected taking hostages. He has rejected the

shooting of influential Norwegian representatives without

trial”—which is underlined in blue pencil.

Is that your blue pencil?

JODL: No, it is not mine.

MR. ROBERTS: You see, it is a remarkable document, Witness, because that

is one instance where your department is suggesting a course of what I

submit is brutal action, which for once the Führer rejects.

JODL: I believe, Mr. Roberts, you are somewhat mistaken. No proposal at

all is being made here, but the Armed Forces Operations Staff is

advising the military commander in Norway of what Reich Commissioner

Terboven has told the Führer. He reported to the Führer first about the

general situation and then be made the proposals mentioned here; and the

Armed Forces Operations Staff which obviously had a representative at

this meeting—I was not there—immediately advised the military

commander of the handsome proposals of his friend Terboven.

That is what happened and these proposals went beyond—they were too

much even for the Führer. But they were not our proposals.

MR. ROBERTS: Very good, Witness, I hear your answer, and the Court will

consider it. It may be accepted. The document speaks for itself.

THE PRESIDENT: Will you read the first—the subject description

“Orientation about Reich Commissioner Terboven’s Report to the Führer”?

MR. ROBERTS: Yes. That is the first—that is the subject, is it not,

beginning, Witness, “Orientation about Reich Commissioner Terboven’s

Report”? Whose orientation? Your department’s?

JODL: Orientation of the Mountain Army, that is, of General Böhm.

General Böhm as commanding general of the Mountain Army, High Command

20, is advised of the report made to the Führer by Reich Commissioner

Terboven, so that he would know what his friend Terboven was proposing.

It is no more than information on what Terboven said to the Führer. I

cannot tell you who was present; I was not there. The entire thing did

not originate with me; I have never seen it.

MR. ROBERTS: Well now, the second document, this is from Terboven to

Bormann on the 28th of October 1944. That is with regard to the

evacuation east of Lyngen. I do not think I need read that. Then, the

next document, maybe the second document, it is a teleprint of the 6th

of April 1945, from Oberführer Fehlis, SS Oberführer to the Operations

Staff, and it says:

“In accordance with the instructions of the OKW (WFSt) ... dated

29 March 1945, members of the Norwegian resistance movement who

appear in organized units and who are easily recognizable as

combatants by arm bands or other insignia are to be treated as

prisoners of war.”

And then the SS Oberführer says:

“I consider this order completely intolerable. I explained this

clearly to Lieutenant Colonel Hass and Major Benze from the

Armed Forces Operations Staff, who stayed here. There have been

isolated appearances of uniformed groups in Norway, but there

has been no fighting as yet. Inquiries were made at the defense

headquarters in London as to whether armed resistance should be

offered in case of German or Norwegian police action. As yet no

partisan or other fighting in Norway. On one occasion, captured

members of the military organization in uniform claimed the

right to be treated as prisoners of war. If this demand were met

at the present moment, the result would be that active fighting

on the part of the military organization would be set going.

Please obtain cancellation of the order of the Armed Forces

Operations Staff.”

And you, you voted for the exemption being removed, did you not?

“The objection is justified. Norway has a government in its own

country. Whoever fights against it in the country is a rebel. It

is another question in the case of Norwegian troops who were

taken to England and from there brought into the struggle under

England’s order.”

That is your note?

JODL: Yes.

MR. ROBERTS: And you stick to that, do you? I mean you—that is your

opinion today?

JODL: Yes, indeed. I am of the opinion, from the point of view of

international law, that members of a resistance movement against their

own Norwegian government are certainly not to be considered as normal

troops but as constituting an uprising, a rebellion. But if Norwegian

troops come to Norway from England, then they are regular soldiers. And

that, today, is still my opinion on the basis of international law.

MR. ROBERTS: What do you call their own Norwegian government, the puppet

government which was set up by the Germans?

JODL: In any event, there was the government of Quisling at the time;

and in any event, speaking now from the point of view of international

law, we were occupying the country, and therefore, according to

international law, were justified in issuing laws and enforcing them.

That is accepted under international law, and resistance against it has

been considered all over the world as rebellion. The same applies to us

in Germany today.

MR. ROBERTS: Now, I want to deal quite shortly with three other matters,

and then I have finished. I want to deal first of all with what you have

said with regard to Hitler’s suggestion to revoke the Geneva Convention.

You say you were instrumental in preventing him from renouncing that

Convention?

JODL: Yes.

MR. ROBERTS: Would you look at a document which has already been put in,

C-158, which is GB-209. I think you have loose copies for it; it is not

in a document book. This was put in with regard to the case against

Dönitz. It is headed, “Extracts from Minutes of the Hitler Conference on

the 19th of February 1945...”:

“The Commander-in-Chief of the Navy was present on 19 February

1945.

“The Führer is considering whether or not Germany should

renounce the Geneva Convention. As not only the Russians but

also the Western Powers are violating international law by their

actions against the defenseless population and the residential

districts, it appears expedient to adopt the same course in

order to show the enemy that we are determined to fight with

every means for our existence, and also to urge our people to

resist to the utmost. The Führer orders the Commander-in-Chief

of the Navy to consider the pros and cons and to state his own

opinion.”

Then, further down, My Lord—Commander-in-Chief of the Navy on the

Hitler conference of the 20th of February:

“The Commander-in-Chief of the Navy informed Generaloberst Jodl,

Chief of the Armed Forces Operations Staff, and the

representative of the Foreign Office at the Führer’s

headquarters, Ambassador Hewel, of his views with regard to

Germany’s possible renunciation of the Geneva Convention. From a

military standpoint there are no grounds for this step as far as

the conduct of the war at sea is concerned. On the contrary, the

disadvantages outweigh the advantages; even from a general

standpoint it appears to the Commander-in-Chief of the Navy that

this measure would bring no advantages. It would be better to

carry out the measures considered necessary without warning and

at all costs to save face with the world. The Chief of the Armed

Forces Operations Staff and Ambassador Hewel are in full

agreement.”

You were saying there, were you not, that you agreed with Raeder when he

said, “Break the Geneva Convention, but do not tell the world that we

are doing so.”

JODL: Grossadmiral Dönitz.

MR. ROBERTS: Dönitz, right. I beg your pardon. That is what you were

saying, is it not?

JODL: No. The whole thing, as I have said, is a notice of Admiral Wagner

on a conference from which one can gather only that Grossadmiral Dönitz

disapproved, and that he is supposed to have made this remark at the

end. I can hardly account for that remark today, because the only reason

given to us by the Führer at that time was that the tremendous number of

German soldiers in the West must be prevented from deserting as a

consequence of enemy propaganda about good treatment. I cannot explain

this remark, and in my written draft which I submitted to the Führer and

which contains the attitude of the Navy that sentence was not included,

but only advantages and disadvantages were compared. The disadvantages

were overwhelming; the whole thing was completely impracticable and

impossible, and so it was not carried out. More I cannot say. Witnesses

will confirm my statement.

MR. ROBERTS: I am now going to put to you your own Document D-606.

My Lord, that has not yet been exhibited. I offer it as 492-GB. GB-492.

[_Turning to the defendant._] Now that is signed by you, is it not? It

deals with the subject of the breach of the Geneva Convention. If you

would say first if it is signed by you? Is it signed by you? Please

answer my question: Is it signed by you?

JODL: Yes; my signature is at the end.

MR. ROBERTS: Well, that is where one usually finds the signature. Now,

it is dated 21 February 1945, and it is written on your letterhead

notepaper. And then, “Notes on report submitted to the Führer on 23

February through the Chief of the Operations Staff. The following

questions were to be examined.”

My Lord, I do not propose to read it all, or anything like that. If the

witness would follow me, I will read anything he wants. But it is a

discussion as to the various advantages and disadvantages of repudiating

the various international agreements, and I think I am not doing the

witness an injustice if I say from a utilitarian rather than a moral

point of view.

JODL: Yes, quite correct. For my only aim was to succeed with the

Führer, and this document was worded accordingly.

MR. ROBERTS: Well, now, I want to read the last paragraph.

My Lord, it is the last page but one of Your Lordship’s document, right

at the bottom:

“C. Proposal of the OKW:

“At the present moment the disadvantages of repudiating the

agreements which have been kept up to now in any case outweigh

the advantages by far.

“Just as it was a mistake in 1914 that we ourselves solemnly

declared war on all the states which had for a long time wanted

to wage war on us, and through this took the whole guilt of the

war on our shoulders before the outside world, and just as it

was a mistake to admit that the necessary”—note the word

“necessary”—“passage through Belgium in 1914 was our own fault,

so it would be a mistake now to repudiate openly the obligations

of international law which we accepted and thereby to stand

again as the guilty party before the outside world.

“Adherence to the accepted obligations does not demand in any

way that we should have to impose on ourselves any limitations

which will interfere with the conduct of the war. For instance,

if the British sink a hospital ship, this must be used for

propaganda purposes, as has been done to date. That, of course,

in no way prevents our sinking an English hospital ship at once

as a reprisal and then expressing our regret that it was a

mistake in the same manner as the British do.”

That is not very honorable, is it?

JODL: I can only say in reply that this was the sole method which

achieved success with the Führer, and by its use success was, in fact,

achieved. If I had come to him with moral or purely legal arguments, he

would have said, “Leave me alone with this foolish talk,” and he would

have proceeded with the renunciation of the Convention; but these things

compelled him to reconsider the step and, in consequence, he did not

carry it through.

You must after all grant me that at the end of 5½ years I knew best how

to achieve good results with him and avoid bad ones. My aim was to

achieve success, and I achieved it.

MR. ROBERTS: But, you see, you were deploring it there, the fact that

you told the world the truth in 1914. In 1914 you said that you regarded

treaties only as a scrap of paper. You are saying now, “What a pity we

told the world the truth in 1914. We ought to have told them something

untrue, and then we should have, possibly, had a better world

reputation.”

JODL: That was an argument which the Führer used frequently. If one

repeated his arguments in that form again and again he was more inclined

to read and accept one’s suggestions. One had to prevent his flinging

our proposals to the ground in a fit of rage and immediately decreeing

renunciation. That was the approach one had to follow. If one cannot do

good openly, it is better to do it in a roundabout way than not at all.

MR. ROBERTS: I am now coming to quite another point: Were you an admirer

of the principles of the Nazi Party?

JODL: No.

MR. ROBERTS: Were you of the opinion that there was a successful fusion

between the Nazi Party and the Wehrmacht, which brought about the

rejuvenation, the resurrection of Germany after 1933?

JODL: It would have happened, and I hoped for a long time that it would

happen; indeed, on the whole the relationship improved somewhat in the

course of the years and especially during the war. At first, it was

poor, very poor.

MR. ROBERTS: You wrote—please, I am reading now from your speech,

L-172. It is Page 290 of Document Book 7, and it is Page 6 of your

lecture notes, Page 290 of Document Book 7 and 203 of the German:

“The fact that the National Socialist movement in its struggle

for internal power was the preparatory stage to the outer

liberation from the shackles of the dictate of Versailles I need

not enlarge upon in this circle. I should like, however, to

mention how clearly all thoughtful regular soldiers realize what

an important part has been played by the National Socialist

movement in reawakening the will to fight, in nurturing fighting

strength, and in rearming the German people. Despite all its

inherent virtues this small Reichswehr could never have been

able to cope with this task, if only because of its restricted

radius of action. Indeed, what the Führer aimed at and has

luckily been successful in bringing about was a fusion of these

two forces.”

Did that represent your honest opinion or not?

JODL: Yes, that is historical truth, indisputable historical truth. The

Movement did bring that about; that is certain.

MR. ROBERTS: Very good. Then, I now want to put to you the last document

but one that I put in.

My Lord, it has not been exhibited. It is 1808-PS. I offer it as GB-493.

[_Turning to the defendant._] You made a speech, did you not, after the

attempt on Hitler’s life, to your staff? And are these the notes of your

speech on 24 July?

JODL: I have never seen this document before; I am seeing it for the

first time now. I did not know that any notes were made about the

speech.

MR. ROBERTS: Well, let us go by stages. Did you make a speech to your

staff shortly after the attempt on Hitler’s life—on 24 July 1944?

JODL: Yes, even while my head was still bandaged.

MR. ROBERTS: Secondly, is that document which you have in front of you,

is that a document which comes from your files? Look at the cover, if

necessary.

JODL: I assume so. It is headed: “Armed Forces Operations Staff War

Diary.” Most likely these are notes of Major Schramm.

MR. ROBERTS: Let me begin at the beginning of those notes. Just see if

you can remember what you said. Did you begin by saying: “The 20th of

July was the blackest day which German history has seen as yet, and will

probably remain so for all times”?

JODL: Yes, that is quite possible.

MR. ROBERTS: Why was it such a black day for Germany? Because somebody

tried to assassinate a man whom you now admit was a murderer?

JODL: Should I—at a moment when I am to be blown up in a cowardly,

insidious manner by one of my own comrades, together with many opponents

of the regime—should I perhaps approve of it all? That was to me the

worst thing that happened. If the man with a pistol in his hand had shot

the Führer and had then given himself up, it would have been entirely

different. But these tactics I considered most repulsive to any officer.

I spoke under the impression of those events, which are actually among

the worst I know, and I maintain today what I said then.

MR. ROBERTS: I do not want to argue with you, but do you think it is any

more dastardly than shooting those 50 American soldiers who landed in

the north of Italy to destroy a military target, shooting them like

dogs?

JODL: That also was murder, undoubtedly. But it is not the task of a

soldier to be the judge of his commander-in-chief. May history or the

Almighty do that.

MR. ROBERTS: Very good. I have only about three more questions to ask

you.

My Lord, I am going to read from Page 2 of that document, about 10 lines

from the top. It begins, “The Führer...”

[_Turning to the defendant._] If I read this slowly, perhaps see if you

can recognize it.

“The Führer ignored this and other things, and now the would-be

assassins wished to do away with him, as a ‘despot’.”

Do you remember saying that or something like that? Can you find the

place?

“The Führer ignored this and other things, and now the would-be

assassins wished to eliminate him as a ‘despot’.”

Do you remember that?

“And yet, they themselves experienced how the Führer did not

come to power by force, but borne up by the love of the German

people.”

Do you remember saying that?

JODL: Yes, and that is true. He came to power, borne up by the love of

the German people. I had tremendous experiences in that respect. He was

almost overwhelmed by this love of the people and of the soldiers.

MR. ROBERTS: Borne up by—I beg your pardon, have you finished? I did

not mean to interrupt you.

JODL: Yes, I have dealt with that point.

MR. ROBERTS: Borne up by the love of the German people. You have

forgotten the SS, the Gestapo, and the concentration camps for political

opponents, have you not?

JODL: I have told you how unfortunately little I knew of all these

things, almost nothing. Of course, with a knowledge of these things, all

this takes a different aspect.

MR. ROBERTS: I take your answer, and I put my last document to you.

My Lord, this is a new document, 1776-PS; I offer it as GB-494.

[_Turning to the defendant._] Just have a look; see if it is signed by

you, will you?

JODL: Yes.

MR. ROBERTS: So it is signed by you. Now, you have told this Court that

you were opposed to terror attacks. Just see what this document says.

Now, note the date first, the 30th of June 1940. That is just after the

temporary fall of France?

“Chief WFA.

“The Continuation of the War against England.

“If political means are without results, England’s will to

resist must be broken by force:

“a) by making war against the English mother country.

“b) by extending the war on the periphery.

“Regarding Point a) there are three possibilities:

“1) Siege....

“2) Terror attacks against English centers of population.

“3) Landing of troops....”

And now I read this as an example of historical prophesy:

“Germany’s final victory also over England is only a question of

time.”

Then I go down several paragraphs:

“Together with propaganda and temporary terror attacks—declared

to be reprisal actions—this increasing weakening of English

food supply will paralyze the will of her people to resist and

finally break and thus force its government to

capitulate....”—Signed—“Jodl.”

“Terror attacks against English centers of population”—would you like

to say anything to justify that sentence?

JODL: Yes, a few remarks. This proposal, which actually is only a

compilation of notes, proves three things:

First of all, that on 30 June 1940 I did not know of any intention or of

the possibility of entering into a war with Russia, otherwise I would

not have written: “Germany’s final victory over England is only a

question of time.”

Secondly, I admit having voiced a thought which was later carried into

practice with such perfection by the Anglo-American Air Force.

Thirdly, this thought came to me only after the attack on the civilian

population had been started and continued by the English Air Force,

despite months of efforts and repeated warnings on the part of the

Führer.

It is a historical fact, confirmed by many documents, that the Führer

tried to the utmost to avoid this form of aerial war against the

population. But it was already clear at that time, that he would not be

able to succeed.

MR. ROBERTS: Well, now, I have finished, Witness. You will notice that

of all the documents I have put, except for that one American report,

they were all German documents, originating at the time of these events

about which I have been cross-examining.

In the face of those documents, do you still say that you are an

honorable soldier and a truthful man?

JODL: Not only do I still affirm that, but I also think that the

submission of these documents has actually and quite specifically proved

it.

THE PRESIDENT: The Tribunal will adjourn.

[_The Tribunal adjourned until 7 June 1946 at 1000 hours._]

ONE HUNDRED AND FORTY-NINTH DAY

Friday, 7 June 1946

_Morning Session_

[_The Defendant Jodl resumed the stand._]

THE PRESIDENT: The Tribunal will adjourn this afternoon at 4 o’clock to

sit in closed session. The Tribunal will sit tomorrow in open session

from 1000 to 1300.

COLONEL Y. V. POKROVSKY (Deputy Chief Prosecutor for the U.S.S.R.): You

have testified that you were the Chief of the Armed Forces Operations

Staff. That was the chief department of the OKW, was it not?

JODL: I did not quite understand the last part of your question.

COL. POKROVSKY: Was the Armed Forces Operations Staff the chief

department of the OKW?

JODL: Because of the significance of the activity, one can certainly say

that the Armed Forces Operations Staff was one of the most important

departments of the OKW.

COL. POKROVSKY: Is that the reason why you deputized for Keitel in his

absence?

JODL: In the majority of cases I was the deputy only in operational

matters. As for war ministerial questions, it was the senior chief, as a

rule, Admiral Canaris, who deputized.

COL. POKROVSKY: Do you deny that you were Keitel’s deputy?

JODL: When Keitel was not at headquarters, then, as a matter of course,

whenever the Führer had anything to say to the OKW, he talked first with

me, as I was the next officer by seniority.

COL. POKROVSKY: Do you remember the testimony of the witness Wagner to

the effect that either you or Keitel usually represented the OKW at all

important staff meetings at which this witness, Admiral Wagner, was also

present? Do you remember that testimony?

JODL: I did not quite understand that question on account of translation

difficulties.

COL. POKROVSKY: That is possible. I shall repeat it. On the 13th of May,

appeared the witness Wagner here before the Tribunal. Do you remember,

or not?

JODL: I remember the witness Wagner. He testified that Field Marshal

Keitel and I were present at every situation report, and I do not

dispute it.

COL. POKROVSKY: He said either Field Marshal Keitel or Generaloberst

Jodl was present. Is that correct? Do you catch the difference in the

way this question is phrased?

JODL: In 99 percent of all cases, both of us were present at the

situation conferences.

COL. POKROVSKY: So that if we forget for one minute such formal

considerations, such formal circumstances, would it be right to conclude

that it was precisely you, Jodl, who actually was Keitel’s acting deputy

in the eyes of Hitler, of the whole cadre of officers, and of the entire

military machinery of the German Reich? Would that be correct, or not?

JODL: In individual cases, when the Field Marshal was not there, and in

unimportant things, yes; but when it came to important things I could

reach him by telephone, at any time, and so it hardly ever happened that

I deputized. He was never ill, and was never away on leave. When he was

away he was in Berlin at headquarters.

COL. POKROVSKY: In that case I would like to remind you of one such

fact, which you yourself confirmed here on the 6th of June, while

testifying to the Tribunal about the motives which caused you to sign

Document UK-56, Exhibit RF-1438. You said that the document had had no

connection with your sphere of activity. It concerned the deportation of

Jews from Denmark and, you signed the document even though it actually

had no connection with the operations staff work. You signed it because

Keitel was away at the time. Was it not so? Is it true?

JODL: That is absolutely correct. It was an urgent matter and had to be

signed immediately.

COL. POKROVSKY: Good. We can find a great many documents of that type;

but I do not consider it necessary to waste any more time on the further

elucidation of this point. Tell me, would it be correct to say that you

were well aware of the entire work carried out by the OKW—that you well

knew what important problems were occupying the OKW at that time?

JODL: Only to a limited extent—in individual matters. I was not at all

aware of everything that took place in the numerous offices in Berlin.

That was quite impossible. It did not concern me. I have testified

already that my time was so fully taken up that I had much more to do

than I had time for.

COL. POKROVSKY: Very well, you force me to revert to a question which I

really wanted to have done with. Will you please now look at our new

Document USSR-476. This document consists of excerpts from Keitel’s

testimony of 9 November 1945. It is stated there:

“Question: ‘Would it have been possible for General Jodl,

without your knowledge to call such a meeting?’”

We are talking, My Lord, of the conference in Reichenhall.

Reply of Field Marshal Keitel:

“Yes, it was quite possible, as I was frequently on official

journeys; and General Jodl had authority to call a meeting

because he represented me in my absence.”

Have you found the passage? Have you read it?

JODL: Colonel Pokrovsky, of course, it is very difficult for you to

follow these military matters. It is ridiculous. Surely I may question

my staff officers. I do not need to call a meeting for that. These were

my General Staff officers with whom I worked in Reichenhall. Surely I

could go to them. That was my office and my duty.

THE PRESIDENT: I do not think it is necessary for you to raise your

voice in that way.

COL. POKROVSKY: It seems to me that you have still not answered two of

my questions. First, have you read this document?

Please tell me: Have you, or have you not, read the passage which I have

just read into the record on Page 1?

JODL: Yes. Here, Field Marshal Keitel says, “...since I was very often

away on official journeys...”

COL. POKROVSKY: You do not have to read it a second time. I have read it

already. I merely want you to tell me whether you have read that

passage?

JODL: Yes, I read that, and it says here, “...to ask Generaloberst

Jodl.”

COL. POKROVSKY: No, you are reading beyond the passage which interests

me at this moment. As for the words “...to ask Generaloberst

Jodl.”—rest assured, we shall get to that passage. But is it true that

Keitel was often away, and that you deputized for him? I do not hear any

answer.

[_There was no response._]

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 15 · 第 121 / 130 题