(a) The 1936-38 phase of the plan: planning for the assault on Austria
and Czechoslovakia.
The Nazi conspirators next entered upon the specific planning for the
acquisition of Austria and Czechoslovakia, realizing it would be
necessary, for military reasons, first to seize Austria before
assaulting Czechoslovakia. On 21 May 1935 in a speech to the Reichstag,
Hitler stated that:
“Germany neither intends, nor wishes to interfere in the
internal affairs of Austria, to annex Austria or to conclude an
Anschluss.”
On 1 May 1936, within 2 months after the re-occupation of the Rhineland,
Hitler stated:
“The lie goes forth again that Germany tomorrow or the day after
will fall upon Austria or Czechoslovakia.”
Thereafter, the Nazi conspirators caused a treaty to be entered into
between Austria and Germany on 11 July 1936, Article I of which stated
that:
“The German Government recognizes the full sovereignty of the
Federated State of Austria in the spirit of the pronouncements
of the German Führer and Chancellor of 21 May 1935.”
Meanwhile, plans for aggression in violation of that treaty were being
made. By the autumn of 1937 all noteworthy opposition within the Reich
had been crushed. Military preparation for the Austrian action was
virtually concluded. An influential group of the Nazi conspirators met
with Hitler on 5 November 1937, to review the situation. It was
reaffirmed that Nazi Germany must have “Lebensraum” in Central Europe.
It was recognized that such conquest would probably meet resistance
which would have to be crushed by force and that their decision might
lead to a general war, but this prospect was discounted as a risk worth
taking. There emerged from this meeting three possible plans for the
conquest of Austria and Czechoslovakia. Which of the three was to be
used was to depend upon the developments in the political and military
situation in Europe. It was contemplated during this meeting that the
conquest of Austria and Czechoslovakia would, through compulsory
emigration of 2 million persons from Czechoslovakia and 1 million
persons from Austria, provide additional food to the Reich for 5 million
to 6 million people, strengthen it militarily by providing shorter and
better frontiers, and make possible the constituting of new armies up to
about twelve divisions. Thus, the aim of the plan against Austria and
Czechoslovakia was conceived of not as an end in itself but as a
preparatory measure toward the next aggressive steps in the Nazi
conspiracy.
(b) The execution of the plan to invade Austria: November 1937 to March
1938.
Hitler, on 8 February 1938, called Chancellor Schuschnigg to a
conference at Berchtesgaden. At the meeting of 12 February 1938, under
threat of invasion, Schuschnigg yielded a promise of amnesty to
imprisoned Nazis and appointment of Nazis to ministerial posts—meaning
in Austria. He agreed to remain silent until Hitler’s next speech in
which Austria’s independence was to be re-affirmed, but Hitler in that
speech, instead of affirming Austrian independence, declared himself
protector of all Germans. Meanwhile, subversive activities of Nazis in
Austria increased. Schuschnigg, on 9 March 1938, announced a plebiscite
for the following Sunday on the question of Austrian independence. On 11
March Hitler sent an ultimatum, demanding that the plebiscite be called
off or that Germany would invade Austria. Later the same day a second
ultimatum threatened invasion unless Schuschnigg should resign in 3
hours. Schuschnigg resigned. The Defendant Seyss-Inquart, who was
appointed Chancellor, immediately invited Hitler to send German troops
into Austria to “preserve order.” The invasion began on 12 March 1938.
On 13 March Hitler by proclamation assumed office as Chief of State of
Austria and took command of its armed forces. By a law of the same date
Austria was annexed to Germany.
(c) The execution of the plan to invade Czechoslovakia: April 1938 to
March 1939.
(1) Simultaneously with their annexation of Austria, the Nazi
conspirators gave false assurances to the Czechoslovak Government that
they would not attack that country. But within a month they met to plan
specific ways and means of attacking Czechoslovakia, and to revise, in
the light of the acquisition of Austria, the previous plans for
aggression against Czechoslovakia.
(2) On 21 April 1938 the Nazi conspirators met and prepared to launch an
attack on Czechoslovakia not later than 1 October 1938. They planned to
create an “incident” to “justify” the attack. They decided to launch a
military attack only after a period of diplomatic squabbling which,
growing more serious, would lead to an excuse for war, or, in the
alternative, to unleash a lightning attack as a result of an “incident”
of their own creation. Consideration was given to assassinating the
German Ambassador at Prague to create the requisite incident. From and
after 21 April 1938, the Nazi conspirators caused to be prepared
detailed and precise military plans designed to carry out such an attack
at any opportune moment and calculated to overthrow all Czech resistance
within 4 days, thus presenting the world with a _fait accompli_, and so
forestalling outside resistance. Throughout the months of May, June,
July, August, and September, these plans were made more specific and
detailed, and by 3 September 1938 it was decided that all troops were to
be ready for action on 28 September 1938.
(3) Throughout this same period, the Nazi conspirators were agitating
the minorities question in Czechoslovakia, and particularly in the
Sudetenland, leading to a diplomatic crisis in August and September
1938. After the Nazi conspirators threatened war, the United Kingdom and
France concluded a pact with Germany and Italy at Munich on 29 September
1938, involving the cession of the Sudetenland by Czechoslovakia to
Germany. Czechoslovakia was required to acquiesce. On 1 October 1938
German troops occupied the Sudetenland.
(4) On 15 March 1939, contrary to the provisions of the Munich Pact
itself, the Nazi conspirators caused the completion of their plan by
seizing and occupying the major part of Czechoslovakia, i.e. Bohemia and
Moravia, not ceded to Germany by the Munich Pact.
4. Formulation of the plan to attack Poland: preparation and initiation
of aggressive war: March 1939 to September 1939.
(a) With these aggressions successfully consummated, the conspirators
had obtained much desired resources and bases and were ready to
undertake further aggressions by means of war. Following the assurances
to the world of peaceful intentions, an influential group of the
conspirators met on 23 May 1939 to consider the further implementation
of their plan. The situation was reviewed, and it was observed that “the
past six years have been put to good use and all measures have been
taken in correct sequence and in accordance with our aims,” that the
national-political unity of the Germans had been substantially achieved,
and that further successes could not be achieved without war and
bloodshed. It was decided nevertheless next to attack Poland at the
first suitable opportunity. It was admitted that the questions
concerning Danzig which they had agitated with Poland were not true
questions, but rather that the question was one of aggressive expansion
for food and “Lebensraum.” It was recognized that Poland would fight if
attacked and that a repetition of the Nazi success against
Czechoslovakia without war could not be expected. Accordingly, it was
determined that the problem was to isolate Poland and, if possible,
prevent a simultaneous conflict with the Western Powers. Nevertheless,
it was agreed that England was an enemy to their aspirations, and that
war with England and her ally France must eventually result, and
therefore that in that war every attempt must be made to overwhelm
England with a “Blitzkrieg”, or lightning war. It was thereupon
determined immediately to prepare detailed plans for an attack on Poland
at the first suitable opportunity and thereafter for an attack on
England and France, together with plans for the simultaneous occupation
by armed force of air bases in the Netherlands and Belgium.
(b) Accordingly, after having denounced the German-Polish Pact of 1934
on false grounds, the Nazi conspirators proceeded to stir up the Danzig
issue, to prepare frontier “incidents” to “justify” the attack, and to
make demands for the cession of Polish territory. Upon refusal by Poland
to yield, they caused German Armed Forces to invade Poland on 1
September 1939, thus precipitating war also with the United Kingdom and
France.
5. Expansion of the war into a general war of aggression: planning and
execution of attacks on Denmark, Norway, Belgium, the Netherlands,
Luxembourg, Yugoslavia, and Greece: 1939 to April 1941.
Thus the aggressive war prepared for by the Nazi conspirators through
their attacks on Austria and Czechoslovakia was actively launched by
their attack on Poland, in violation of the terms of the Briand-Kellogg
Pact, 1928. After the total defeat of Poland, in order to facilitate the
carrying out of their military operations against France and the United
Kingdom, the Nazi conspirators made active preparations for an extension
of the war in Europe. In accordance with these plans, they caused the
German Armed Forces to invade Denmark and Norway on 9 April 1940;
Belgium, the Netherlands, and Luxembourg on 10 May 1940; Yugoslavia and
Greece on 6 April 1941. All these invasions had been specifically
planned in advance.
6. German invasion on 22 June 1941 of the U.S.S.R. territory in
violation of the Non-Aggression Pact of 23 August 1939.
On 22 June 1941 the Nazi conspirators deceitfully denounced the
Non-Aggression Pact between Germany and the U.S.S.R. and without any
declaration of war invaded Soviet territory, thereby beginning a war of
aggression against the U.S.S.R.
From the first day of launching their attack on Soviet territory the
Nazi conspirators, in accordance with their detailed plans, began to
carry out the destruction of cities, towns, and villages, the demolition
of factories, collective farms, electric stations, and railroads, the
robbery and barbaric devastation of the natural cultural institutions of
the peoples of the U.S.S.R., the devastation of museums, churches,
historic monuments, the mass deportation of the Soviet citizens for
slave labor to Germany, as well as the annihilation of old people,
women, and children, especially Bielorussians and Ukrainians. The
extermination of Jews was committed throughout the territory of the
Soviet Union.
The above-mentioned criminal offenses were perpetrated by the German
troops in accordance with the orders of the Nazi Government and the
General Staff and High Command of the German Armed Forces.
7. Collaboration with Italy and Japan and aggressive war against the
United States: November 1936 to December 1941.
After the initiation of the Nazi wars of aggression the Nazi
conspirators brought about a German-Italian-Japanese 10-year
military-economic alliance signed at Berlin on 27 September 1940. This
agreement, representing a strengthening of the bonds among those three
nations established by the earlier but more limited pact of 25 November
1936, stated: “The Governments of Germany, Italy, and Japan, considering
it as a condition precedent of any lasting peace that all nations of the
world be given each its own proper place, have decided to stand by and
co-operate with one another in regard of their efforts in Greater East
Asia and regions of Europe respectively wherein it is their prime
purpose to establish and maintain a new order of things calculated to
promote the mutual prosperity and welfare of the peoples concerned.” The
Nazi conspirators conceived that Japanese aggression would weaken and
handicap those nations with which they were at war, and those with whom
they contemplated war. Accordingly, the Nazi conspirators exhorted Japan
to seek “a new order of things.” Taking advantage of the wars of
aggression then being waged by the Nazi conspirators, Japan commenced an
attack on 7 December 1941 against the United States of America at Pearl
Harbor and the Philippines, and against the British Commonwealth of
Nations, French Indo-China, and the Netherlands in the Southwest
Pacific. Germany declared war against the United States on 11 December
1941.
(G) War Crimes and Crimes against Humanity committed in the course of
executing the conspiracy for which the conspirators are responsible.
1. Beginning with the initiation of the aggressive war on 1 September
1939, and throughout its extension into wars involving almost the entire
world, the Nazi conspirators carried out their Common Plan or Conspiracy
to wage war in ruthless and complete disregard and violation of the laws
and customs of war. In the course of executing the Common Plan or
Conspiracy, there were committed the War Crimes detailed hereinafter in
Count Three of this Indictment.
2. Beginning with the initiation of their plan to seize and retain total
control of the German State, and thereafter throughout their utilization
of that control for foreign aggression, the Nazi conspirators carried
out their Common Plan or Conspiracy in ruthless and complete disregard
and violation of the laws of humanity. In the course of executing the
Common Plan or Conspiracy there were committed the Crimes against
Humanity detailed hereinafter in Count Four of this Indictment.
3. By reason of all the foregoing, the defendants with divers other
persons are guilty of a Common Plan or Conspiracy for the accomplishment
of Crimes against Peace; of a conspiracy to commit Crimes against
Humanity in the course of preparation for war and in the course of
prosecution of war, and of a conspiracy to commit War Crimes not only
against the armed forces of their enemies but also against
non-belligerent civilian populations.
(H) Individual, group and organization responsibility for the offense
stated in Count One.
Reference is hereby made to Appendix A of this Indictment for a
statement of the responsibility of the individual defendants for the
offense set forth in this Count One of the Indictment. Reference is
hereby made to Appendix B of this Indictment for a statement of the
responsibility of the groups and organizations named herein as criminal
groups and organizations for the offenses set forth in this Count One of
the Indictment.
If the Tribunal please, that ends Count One, which is America’s
responsibility. Great Britain will present Count Two.
SIR DAVID MAXWELL-FYFE: If your Lordships please:
COUNT TWO—CRIMES AGAINST PEACE. Charter, Article 6 (a).