Violation of German assurance given on 6 October 1939 to respect the
neutrality and territorial integrity of Yugoslavia.
Particulars:
In that Germany without prior warning did, on or about 6 April 1941,
with its military forces attack, invade and commit other acts of
aggression against the Kingdom of Yugoslavia.
THE PRESIDENT: The Tribunal will now adjourn until 10 o’clock tomorrow
morning.
[_The Tribunal adjourned until 21 November 1945 at 1000 hours._]
SECOND DAY
Wednesday, 21 November 1945
_Morning Session_
THE PRESIDENT: A motion has been filed with the Tribunal and the
Tribunal has given it consideration, and insofar as it may be a plea to
the jurisdiction of the Tribunal, it conflicts with Article 3 of the
Charter and will not be entertained. Insofar as it may contain other
arguments which may be open to the defendants, they may be heard at a
later stage.
And now, in accordance with Article 24 of the Charter, which provides
that, after the Indictment has been read in court, the defendants shall
be called upon to plead guilty or not guilty, I now direct the
defendants to plead either guilty or not guilty.
DR. DIX: May I speak to Your Lordship for just a moment?
THE PRESIDENT: You may not speak to me in support of the motion with
which I have just dealt on behalf of the Tribunal. I have told you that
so far as that motion is a plea to the jurisdiction of the Tribunal, it
conflicts with Article 3 of the Charter and will not be entertained.
Insofar as it contains or may contain arguments which may be open to the
defendants, those arguments may be heard hereafter.
DR. DIX: I do not wish to speak on the subject of a motion. As speaker
for the Defense I should like to broach a technical question and voice a
question to this effect on behalf of the Defense. May I do so? The
Defense Counsel were forbidden to talk to the defendants this morning.
It is absolutely necessary that the Defense Counsel should be able to
speak to the defendants before the session. It often happens that after
the session one cannot reach one’s client at night. It is quite possible
that counsel may have prepared something overnight which he wishes to
discuss with the defendant before the session. According to our
experience it is always permissible for the Defense Counsel to speak to
the defendant before the session. The question of conferring between
Defense Counsel and clients during sessions could be dealt with at a
later date.
At present I request, on behalf of the entire Defense, that we be
allowed to confer with our clients in the courtroom, into which they
usually are brought at a very early hour. Otherwise, we shall not be in
a position to conduct the defense in an efficient and appropriate
manner.
THE PRESIDENT: I am afraid that you cannot consult with your clients in
the courtroom except by written communication. When you are out of the
courtroom, security regulations can be carried out and, so far as those
security regulations go, you have full opportunity to consult with your
clients. In the courtroom we must confine you to written communications
to your clients. At the end of each day’s sitting, you will have full
opportunity to consult with them in private.
DR. DIX: I shall discuss this with my colleagues of the Defense and we
should like if possible to return to this question.
DR. THOMA: May I have the floor?
THE PRESIDENT: Will you state your name please.
DR. THOMA: Dr. Ralph Thoma. I represent the Defendant Rosenberg.
Yesterday my client gave me a statement as regards the question of guilt
or innocence. I took this statement and promised him to talk with him
about it. Neither last night nor this morning have I had an opportunity
to talk with him; and, consequently, neither I nor my client are in a
position to make a statement today as to whether he is guilty or not
guilty. I therefore request that the proceedings be interrupted so that
I may speak with my client.
THE PRESIDENT: Dr. Thoma, the Tribunal will be prepared to adjourn for
15 minutes in order that you may have an opportunity of consulting with
your clients.
DR. THOMA: Thank you. I should like to make another statement. Some of
my colleagues have just told me that they are in the same position as I,
particularly Dr. Sauter. . . .
THE PRESIDENT: I meant that all defendants’ counsel should have an
opportunity of consulting with their clients; but I would point out to
the defendants’ counsel that they have had several weeks’ preparation
for this Trial, and that they must have anticipated that the provisions
of Article 24 would be followed. But now we will adjourn for 15 minutes
in which all of you may consult with your clients.
DR. THOMA: May I say something further in that respect, Your Honor.
THE PRESIDENT: Yes.
DR. THOMA: The Defense asked whether the question of guilty or not
guilty could only be answered with “yes”, or “no” or whether a more
extensive and longer statement could be made. We obtained information on
this point only the day before yesterday. We therefore have had no
opportunity to confer at length with our clients on this matter.
THE PRESIDENT: One moment. The question will have to be answered in the
words of Article 24 of the Charter, and those words are printed in
italics: “The Tribunal shall ask each defendant whether he pleads guilty
or not guilty.” That is what they have got to do at that stage. Of
course, the defendants will have a full opportunity themselves, if they
are called as witnesses, and by their counsel, to make their defense
fully at a later stage.
[_A recess was taken._]
THE PRESIDENT: I will now call upon the defendants to plead guilty or
not guilty to the charges against them. They will proceed in turn to a
point in the dock opposite to the microphone.
Hermann Wilhelm Göring.
HERMANN WILHELM GÖRING: Before I answer the question of the Tribunal
whether or not I am guilty. . . .
THE PRESIDENT: I informed the Court that defendants were not entitled to
make a statement. You must plead guilty or not guilty.
GÖRING: I declare myself in the sense of the Indictment not guilty.
THE PRESIDENT: Rudolf Hess.
RUDOLF HESS: No.