MR. DODD:

“Since political entanglements abroad must be avoided at present

under all circumstances . . . only those preparatory measures

that are urgently necessary may be carried out. The existence of

such preparations, or the intention of them must be kept in

strictest secrecy in the zone itself as well as in the rest of

the Reich.”

The preparations are then set out, and they include, as I have indicated

a few minutes ago, as the last one in the list, the preparations for

economic mobilization.

There are many others, of course. The preliminary mustering of

horse-drawn and motor vehicles, preparation for evacuation measures, and

so forth. We say—passing now from that document—we say the rapid

success of the German re-armament is attributable to the greatest extent

to the work of the Defendant Schacht. In the fall of 1934, the Nazi

conspirators announced the so-called “New Plan,” aiming at the control

of imports and exports in order to obtain the raw materials which were

needed for armaments and the foreign currency which was required to

sustain the armament program. This new plan was the creation of the

Defendant Schacht, and under the plan, the Defendant Schacht controlled

imports by extending the system of supervisory boards for import

control, which was previously limited to the main groups of raw

materials, to all goods imported into Germany, whether raw materials,

semi-manufactured goods, or finished products. The requirement of

licenses for imports enabled the Nazi conspirators to restrict imports

to those commodities which served their war aims.

Subsequently, in February of 1935, the “Devisen” Law was passed which

can be found by reference in the _Reichsgesetzblatt_ of 1935, Part I,

Page 105; and under it, all transactions involving foreign exchange were

subject to the approval of Devisenstellen (the Foreign Exchange Control

Offices). By thus controlling the disposition of foreign exchange, the

conspirators were able to manipulate foreign trade so as to serve their

needs and desires.

Thus every aspect of the German economy was being geared to war under

the guidance particularly of the Defendant Schacht. In a study of the

economic mobilization for war as of 30 September 1934, it was stated

that steps had already been taken to build up stock piles, to construct

new facilities for the production of scarce goods, and to redeploy

industry, to secure areas and to control fiscal and trade policies.

References were made to the fact that the task of stock piling had been

hampered by the requirement of secrecy and camouflage. Reserves of

automobile fuels and stocks of coal were being accumulated and the

production of synthetic oil was accelerated. Civilian supply was

purposely organized so that most plants would be working for the German

Armed Forces. Studies were made of the possibility of barter trade with

supposedly neutral countries in case of war.

The matter of financing the armament program presented a difficult

problem for the conspirators. In 1934 and 1935 the German economy could

by no possibility have raised funds for their extensive rearmament

program through taxes and public loans. From the outset, the armament

program involved “the engagement of the last reserves.”

Apart from the problem of raising the huge sums required to sustain this

program, the Nazi conspirators were exceedingly anxious, in the early

stages, to conceal the extent of their feverish armament activities.

After considering various techniques of financing the armament program,

the Defendant Schacht proposed the use of so-called “mefo” bills. One of

the primary advantages of this method was the fact that figures

indicating the extent of rearmament that would have become public

through the use of other methods could be kept secret through the use of

mefo bills, and mefo bills were used exclusively for armament financing.

Transactions in mefo bills worked as follows:

Mefo bills were drawn by armament contractors and accepted by a limited

liability company, [_The Metallurgische Forschungsgesellschaft m. b.

H._], the initials of which spell mefo from whence the transaction takes

its name. This company had a nominal capital of 1 million Reichsmarks

and was therefore merely a dummy organization. The bills were received

by all German banks for possible rediscounting with the Reichsbank, and

the bills were guaranteed by the Reich. Their secrecy was assured by the

fact that they appeared neither in the published statements of the

Reichsbank nor in the budget figures.

The mefo bill system continued to be used until April 1 of 1938. To that

date, 12 billion Reichsmarks of mefo bills for the financing of

rearmament had been issued. Since it was no longer deemed necessary in

April of 1938 to conceal the vast progress of German rearmament, mefo

financing was discontinued at that time.

A further source of funds which the Defendant Schacht drew upon to

finance the Secret Armament Program were the funds of political

opponents of the Nazi regime, and marks of foreigners on deposit in the

Reichsbank. As Schacht stated—and I am quoting: “Our armaments are also

financed partly with the credits of our political opponents.”

That statement may be found in a memorandum from the Defendant Schacht

to Hitler, dated 3 May 1935, and it bears the number in the document

book of 1168-PS, and the specific sentence is found in the second

paragraph.

The outstanding mefo bills at all times represented a threat to the

stability of the currency because they could be tendered to the

Reichsbank for discount, in which case the currency circulation would

automatically have to be increased. Thus, there was an ever-present

threat of inflation. The Defendant Schacht continued on his course,

because he stands, he said, “with unswerving loyalty to the Führer

because he fully recognizes the basic ideas of National Socialism and

because at the end, the disturbances, compared to the great task, can be

considered irrelevant.”

High-ranking military officers paid tribute to the Defendant Schacht’s

contrivances on behalf of the Nazi war machine. In an article written

for the _Military Weekly Gazette_ in January of 1937, it is said:

“The German Defense Force commemorates Dr. Schacht today as one

of the men who have done imperishable things for it and its

development in accordance with the directions from the Führer

and Reich Chancellor. The Defense Force owes it to Schacht’s

skill and great ability that, in defiance of all currency

difficulties, it, according to plan, has been able to grow up to

its present strength from an army of 100,000 men.”

After the reoccupation of the Rhineland, the Nazi conspirators

re-doubled their efforts to prepare Germany for a major war. The Four

Year Plan, as we have indicated earlier, was proclaimed by Hitler in his

address at the Nuremberg Party convention on the 9th day of September in

1936, and it was given a statutory foundation by the decree concerning

the execution of the Four Year Plan dated the 18th day of October, 1936,

which is found in the _Reichsgesetzblatt_ of 1936, in the first part, on

Page 887. By this decree the Defendant Göring was put in charge of the

plan. He was authorized to enact any legal and administrative measures

deemed necessary by him for the accomplishment of his task, and to issue

orders and instructions to all Government agencies, including the

highest Reich authorities.

The purpose of the plan was to enable Nazi Germany to attain complete

self-sufficiency in essential raw materials, notably motor fuel, rubber,

textile fiber, and non-ferrous metals, and to intensify preparations for

war. The development of synthetic products was greatly accelerated

despite their high costs.

Apart from the self-sufficiency program, however, the Nazi conspirators

required foreign exchange to finance propaganda and espionage activities

abroad; Thus, in a speech on November 1 of 1937, before the

Wehrmachtakademie, General Thomas stated:

“If you consider that one will need during the war considerable

means in order to organize the necessary propaganda in order to

pay for the espionage service and for similar purposes, then one

should be clear that our internal mark would be of no use

therefore, and that foreign exchange will be needed.”

This particular need for foreign exchange was reduced in part by the

virtue of the espionage and propaganda services rendered free of charge

to the Nazi State by some leading German industrial concerns.

I hold in my hand a document bearing the number D-206. It is dated at

Essen the 12th day of October 1935. It was found in the files of the

Krupp Company by representatives of the United States and the British

armies. I shall not read all of it unless Your Honors require it, but

I’ll start at the beginning by way of establishing its purpose and the

information contained therein. It is entitled “Memorandum.” There is a

subheading: “Concerns: Distribution of official propaganda literature

abroad with the help of our foreign connections.” It goes on to say

that:

“On the morning of October 11 the district representative of

Ribbentrop’s private foreign office (Dienststelle Ribbentrop)

made an appointment for a conference by telephone.”—and

that—“A Mr. Lackmann arrived at the appointed time. . . . “In

answer to my question with whom I was dealing, and which

official bureau he represented, he informed me that he was not

himself the district representative of Ribbentrop’s private

foreign office, that a Mr. Landrat Bollmann was such, and that

he himself had come at Mr. Bollmann’s order.”

The next paragraph states:

“. . . that there exists a great mixup in the field of foreign

propaganda, and that Ribbentrop’s private foreign office wants

to create a tighter organization for foreign propaganda. For

this purpose the support of our firm and above all an index of

addresses . . . were needed.”

In the next sentence, of the third paragraph, I would like to read:

“I informed Mr. L that our firm had put itself years ago at the

disposal of official bureaus for purposes of foreign propaganda,

and that we had supported all requests addressed to us to the

utmost.”

I now hold in my hand the document bearing the number D-167, which is

also a copy of a document found in the files of the Krupp Company by

representatives of the American and the British Armies. It is dated the

14th day of October 1937, and states that it is a memorandum of Herr

Sonnenberg on the meeting at Essen on the 12th day of October 1937 and

it indicates that one Menzel representing the intelligence of the

Combined Services Ministry, his department coming under the Defense

Office, asked for intelligence on foreign armaments, but not including

matters published in newspapers, intelligence received by Krupp from

their agents abroad and through other channels to be passed on to the

Combined Services Intelligence.

Finally, the third paragraph states that: “On our part we undertook to

supply information to the Combined Services Ministry . . . as required.”

I have concluded reading from that document, and I pass now to discuss

the conspirators’ program, which proceeded, as I have said so many times

here today, with amazing—really amazing speed. The production of steel,

for example, as shown in official German publications, rose as follows:

In the year of 1933, 74,000 tons were produced; in 1934, 105,000 tons;

1935, 145,000 tons; 1936, 186,000 tons; 1937, 217,000 tons; and in 1938,

477,000 tons. The production of gasoline increased at even a greater

tempo: from 370,000 tons in 1934 to 1,494,000 tons in 1938.

The Nazi conspirators pressed the completion of the armament program

with a sense of urgency which clearly indicated their awareness of the

imminence of war. At a 4th of September meeting in 1936 Göring pointed

out that “all measures have to be taken just as if we were actually in

the state of imminent danger of war.” He pointed out that “if war should

break out tomorrow we would be forced to take measures from which we

might . . . shy away at the present moment. They are therefore to be

taken.” The extreme urgency was manifested by Göring’s remark that

“Existing reserves will have to be touched for the purpose of carrying

us over this difficulty until the goal ordered by the Führer has been

reached . . . in case of war,” he added, “they are not a reliable

backing in any case.”

By a letter marked “Top Secret”, on the 21 of August of 1936, the

Defendant Schacht was advised that Hitler had ordered that all

formations of the Air Force be ready by April 1 of 1937. This served to

accentuate the urgent sense of immediacy that had pervaded the Nazi war

economy from the outset. Flushed with their successes in the Rhineland,

the Nazi conspirators were laying the groundwork for further aggressive

action.

THE PRESIDENT: Insofar as I understand you, you have not referred us to

any document since Document 167.

MR. DODD: No, Your Honor, the figures on the production of steel and of

oil are from the statistical year book for the German Reich of 1939 and

1940 and the statistical year book for the German Reich of 1941 and

’42—that is, with respect to the steel figures. And the figures which I

quoted with respect to the production of gasoline are from the

statistical year book for the German Reich in 1941 and 1942. The

statements of the Defendant Göring are based upon the document marked

EC-416, in the document book.

THE PRESIDENT: That is the document you have already referred to, isn’t

it?

MR. DODD: Yes, it has been referred to heretofore, I believe. Some of

these documents contain references to more than one part of the

presentation, and I have to refer to them at different times in the

presentation. . . .

THE PRESIDENT: All right. Go on, if you want to refer to it.

MR. DODD: The sixth paragraph on the first page:

“Existing reserves will have to be touched for the purpose of

carrying us over this difficulty until the goal ordered by the

Führer has been reached, and then in case of war, they are not a

reliable backing in any case.”

And on the second page, the eighth paragraph down:

“If war should break out tomorrow, we would be forced to take

measures from which we might possibly still shy away at the

present moment. They are therefore to be taken.”

With reference to the assertion that the Defendant Schacht was advised

that Hitler had ordered that all formations of the Air Force be ready by

April 1, 1937, I respectfully refer to Document 1301-PS, dated 31 August

1936. I am advised that that document should bear an additional number.

It should read 1301-PS-7. On the first page, if Your Honor pleases, the

third paragraph, or the paragraph marked “3” and after the words “air

force” . . . states that according to an order of the Führer, the

setting up of all Air Force units had to be completed on April 1, 1937;

and if Your Honors will turn the page to Page 20, about midway in the

page, you will observe that a copy of this document was sent to the

president of the Reichsbank, Dr. Schacht.

After their successes in Austria and in the Sudetenland, the Nazi

conspirators redoubled their efforts to equip themselves for a war of

aggression, and in a conference on October 14, 1938, shortly before the

Nazi conspirators made their first demands on Poland, the Defendant

Göring stated that the Führer had instructed him to carry out a gigantic

program, by comparison with which the performances thus far were

insignificant. This faced difficulties which he would overcome with the

greatest energy and ruthlessness. And that statement may be found in the

Document 1301-PS, on Page 25 of that document, and particularly the

second sentence of the opening paragraph:

“Everybody knows from the press what the world situation looks

like, and therefore the Führer has issued an order to him to

carry out a gigantic program compared to which previous

achievements are insignificant. There are difficulties in the

way which he will overcome with the utmost energy and

ruthlessness.”

The supply of foreign currency had shrunk because of preparations for

the invasion of Czechoslovakia, and it was considered necessary to

replenish it. “These”—and I am now referring to the third paragraph of

that same Page 25 of Document 1301-PS:

“These gains made through the export are to be used for an

increased armament. The armament should not be curtailed by the

export activities. He received the order from the Führer to

increase the armament to an abnormal extent, the Air Force

having first priority. Within the shortest time, the Air Force

is to be increased fivefold; also the Navy should get on more

rapidly, and the Army should procure large amounts of offensive

weapons at a faster rate, particularly heavy artillery pieces

and heavy tanks. Along with this manufactured armaments must go,

especially fuel, powder and explosives are to be moved into the

foreground. It should be coupled with the accelerated

construction of highways, canals, and particularly of the

railroads.”

In the course of these preparations for war, a clash of wills ensued

between two men, the Defendant Göring and the Defendant Schacht, as a

result of which the Defendant Schacht resigned his position as head of

the Ministry of Economics and plenipotentiary for the war economy in

November of 1937 and was removed from the presidency of the Reichsbank

in January of 1939. I do not propose, at this moment, to go into the

details of this controversy. There will be more said on that subject at

a later stage in these proceedings, but for the present, I should like

to have it noted that it is our contention that Schacht’s departure in

no way implied any disagreement with the major war aims of the Nazis.

The Defendant Schacht took particular pride in his vast attainments in

the financial and economic fields in aid of the Nazi war machine. And in

the document bearing the number EC-257, which is a copy of a letter from

the Defendant Schacht to General Thomas, in the first paragraph of the

letter:

“I think back with much satisfaction to the work in the Ministry

of Economics which afforded me the opportunity to assist in the

rearmament of the German people in the most critical period, not

only in the financial but also in the economic sphere. I have

always considered a rearmament of the German people as _conditio

sine qua non_ of the establishment of a new German nation.”

The second paragraph is of a more personal nature and has no real

bearing on the issues before us at this time.

In the document labeled EC-252, a letter written to General Von

Blomberg, dated the 8th day of July 1937, the Defendant Schacht wrote:

“The direction of the war economy by the plenipotentiary would

in that event never take place entirely independent from the

rest of the war mechanism, but would be aimed at accomplishment

of the political war purpose with the assistance of all economic

forces. I am entirely willing, therefore, to participate in this

way in the preparation of the forthcoming order giving effect to

the Defense Act.”

In the spring of 1937, the Defendant Schacht participated with

representatives of the three branches of the Armed Forces in war games

in war economy which was something new by way of military exercises. The

war games in war economy were held at Godesberg, Germany. And I refer to

the document bearing the label EC-174. It has as a heading, or

subheading, under the summary: “War economy trip to Godesberg undertaken

by General Staff between the 25th of May and the 2d of June,” and it

goes on to outline in some slight detail that there was a welcome to the

General Staff war economy trip. It tells something in a rather vague and

not altogether clear way of just how a war game in war economy was

conducted but it leaves no doubt in the mind that such a war game in war

economy had been conducted at Godesberg at that time. And on the second

page of this document, the last paragraph is the translation of Part 1

of the speech welcoming Dr. Schacht. It says:

“Before I start with the discussion of the war game in war

economy, I have to express how grateful we all are that you,

President Dr. Schacht, have gone to the trouble to personally

participate in our final discussion today despite all your other

activities. This proves to us your deep interest in war economy

tasks shown at all times and your presence here is renewed proof

that you are willing to facilitate for us soldiers the difficult

war-economic preparations and to strengthen a harmonious

cooperation with your offices.”

I should also like to call the Court’s attention to the next to the last

paragraph on the first page. It is a one-sentence paragraph, and it

simply says, “I want to point out, however, that all material and all

information received has to be kept in strict secrecy,” and it refers to

the preceding paragraph concerning the war games in war economy.

It appears that the annexation of Austria was a goal which the Defendant

Schacht had long sought, for in a speech to the employees of the former

Austrian National Bank, as set out in the document bearing the label

EC-297, and particularly the second paragraph of the first page of that

document, nearly at the end, four or five lines from the end of that

paragraph, we find these words immediately after “large applause”:

“Austria has certainly a great mission, namely, to be the bearer

of German culture, to insure respect and regard for the German

name, especially in the direction of the southeast. Such a

mission can only be performed within the Great German Reich and

based on the power of a nation of 75 millions, which, regardless

of the wish of the opponents, forms the heart and the soul of

Europe.”

Dr. Schacht goes on to say:

“We have read a lot in the foreign press during the last few

days that this aim, the union of both countries, is to a certain

degree justified, but that the method of effecting this union

was terrible. . . . This method, which certainly did not suit

one or another foreigner, is nothing but the consequence of

countless perfidies and brutal acts of violence which foreign

countries have practiced against us.”

And I refer now to Page 3 of this same document and to the fourth

paragraph, about the center of the page, and reading from it:

“I am known for sometimes expressing thoughts which give offense

and there I would not like to depart from this custom. I know

that there are even here, in this country a few people—I

believe they are not too numerous—who find fault with the

events of the last few days; but nobody, I believe, doubts the

goal, and it should be said to all grumblers that you can’t

satisfy everybody. One person says he would have done it maybe

in one way, but the remarkable thing is that they did not do it,

and that it was only done by our Adolf Hitler; and if there is

still something left to be improved, then those grumblers should

try to bring about these improvements from the German Reich, and

within the German community, but not to disturb it from

without.”

In the memorandum of the 7th of January 1939, written by the Defendant

Schacht and other directors of the Reichsbank to Hitler, urging a

balancing of the budget in view of the threatening danger of inflation,

it was stated—and I now refer to the document bearing the label EC-369

and particularly to the paragraph at the bottom of the first page of

that document:

“From the beginning the Reichsbank has been aware of the fact

that a successful foreign policy can be attained only by the

reconstruction of the German Armed Forces. It (the Reichsbank)

therefore assumed to a very great extent the responsibility to

finance the rearmament in spite of the inherent dangers to the

currency. The justification thereof was the necessity, which

pushed all other considerations into the background, to carry

through the armament at once, out of nothing, and furthermore

under camouflage, which made a respect-commanding foreign policy

possible.”

The Reichsbank directors, as experts on money, believed that a point had

been reached where greater production of armaments was no longer

possible. We say that was merely a judgment on the situation and not a

moral principle, for there was no opposition to Hitler’s policy of

aggression. Doubts were ascertained only as to whether he could finance

that policy. Hitler’s letter to Schacht on the occasion of Schacht’s

departure from the Reichsbank, as contained in Document EC-397, pays

high tribute to Schacht’s great efforts in furthering the program of the

Nazi conspirators. The Armed Forces by now had enabled Hitler to take

Austria and the Sudetenland. We say Schacht’s task up to that point had

been well done. And to quote from Document EC-397 in the words of

Hitler, in a letter which he wrote to the Defendant Schacht, “Your name,

above all, will always be connected with the first epoch of the national

rearmament.”

Even though dismissed from the presidency of the Reichsbank, Schacht was

retained as a Minister without portfolio and special confidential

adviser to Hitler. The Defendant Funk stepped into Schacht’s position as

President of the Reichsbank. And I ask at this point that the Court

might take judicial notice of the _Völkischer Beobachter_ of January 21,

1939. The Defendant Funk was completely uninhibited by fears of

inflation, for like Göring, under whom he had served in the Four Year

Plan, he recognized no obstacles to the plan to attack Poland.

In Document 699-PS, in a letter from the Defendant Funk to Hitler,

written on August 25 of 1939, only a few days before the attack on

Poland, the Defendant Funk reported to Hitler that the Reichsbank was

prepared to withstand any disturbances of the international currency and

credit system occasioned by a large-scale war. He said that he had

secretly transferred all available funds of the Reichsbank abroad into

gold, and that Germany stood ready to meet the financial and economic

tasks which lay ahead.

And so it seems plain and clear from the writings, from the acts, from

the speeches of the Nazi conspirators themselves, that they did in fact

direct the whole of the German economy toward preparation for aggressive

war. To paraphrase the words that the Defendant Göring once used, these

conspirators gave the German people “guns instead of butter,” and we say

they also gave history its most striking example of a nation gearing

itself in time of peace to the single purpose of aggressive war. Their

economic preparations, formulated and applied with the ruthless energy

of the Defendant Göring, with the cynical financial wizardry of the

Defendant Schacht, and the willing complicity of Funk, among others,

were the indispensable first act in the heart-breaking tragedy which

their aggression inflicted upon the world.

I should like to offer, if I may at this time, Your Honor, those

documents which I have referred to in the course of this discussion. We

have here the original documents in the folders, and they compare with

the translations which have been submitted to the Court.

THE PRESIDENT: Have the defendants had the opportunity of inspecting

these documents?

MR. DODD: I doubt that they have had full opportunity to inspect them,

Your Honor. The photostats are there, but I don’t think they have had

time to inspect them because they haven’t been there long enough for

that.

THE PRESIDENT: I think that they should have full opportunity of

inspecting them and comparing with the copies which have been submitted

to us before the originals are put in.

MR. DODD: Very well, Your Honor. We may offer them at a later date, as I

understand, Your Honor?

THE PRESIDENT: Certainly. The Tribunal will adjourn for 10 minutes.

[_A recess was taken._]

COLONEL STOREY: May it please the Tribunal: The U. S. Prosecution now

passes into the aggressive war phase of the case and it will be

presented by Mr. Alderman.

MR. ALDERMAN: May it please the Tribunal: I rise to present on behalf of

the United States Chief of Counsel, evidence to support the allegation

of Count One of the Indictment relating to the planning, preparation,

initiation, and waging of illegal and aggressive war, and relating to

the conspiracy to commit that crime.

The aggressive war phase of the case, the aggressive war phase of the

conspiracy case under Count One, and the aggressive war phase of the

entire case is really, we think, the heart of the case. If we did not

reach it in our presentation we would not reach the heart of the case.

If we did not present it to the Tribunal in the necessary detail, we

would fail to present what is necessary to the heart of the case.

After all, everything else in this case, however dramatic, however

sordid, however shocking and revolting to the common instincts of

civilized peoples, is incidental to, or subordinate to, the aggressive

war aspect of the case.

All the dramatic story of what went on in Germany in the early phases of

the conspiracy—the ideologies used, the techniques of terror used, the

suppressions of human freedom employed in the seizure of power, and even

the concentration camps and the Crimes against Humanity, the

persecutions, tortures, and murders committed—all these things would

have little juridical international significance except for the fact

that they were the preparation for the commission of aggressions against

peaceful neighboring peoples.

Even the aspects of the case involving War Crimes in the strict sense

are aspects which are merely the inevitable, proximate result of the

wars of aggression launched and waged by these conspirators, and of the

kind of warfare they waged—that is—total war, the natural result of

the totalitarian party-dominated state that waged it, and atrocious war,

the natural result of the atrocious doctrines, designs, and purposes of

these war-makers.

For these reasons, I repeat that in our view the phases of the case

dealing with territorial gains acquired by threats of force and with

actual aggressions and aggressive wars constitute the real heart of the

case. Accordingly, we ask the indulgence of the Tribunal if for these

reasons we make the presentation of this part of the case as detailed as

seems to us necessary in view of the outstanding importance of the

subject matter.

The general scope of the case to be presented by the American

Prosecution has been stated in the opening address by Mr. Justice

Jackson. That address indicated to the Tribunal the general nature and

character of the evidence to be offered by the American Prosecution in

support of the allegations with which I shall deal. However, before

approaching the actual presentation of that evidence, it seems to us

that it would be helpful to an orderly presentation of the case, to

address the Tribunal in an introductory way concerning this specific

segment of the Prosecution’s case. In doing so, I shall not attempt to

retrace the ground so ably covered by Mr. Justice Jackson. On the

contrary, I shall confine my introductory remarks to matters

specifically and peculiarly applicable to that part of the American case

relating to the crime of illegal warfare, and the Common Plan or

Conspiracy to commit that crime.

The substantive rule of law which must guide the considerations of the

Tribunal on this aspect of the case, and the rule of law which must be

controlling in the final judgment of the Tribunal on this part of the

case, is stated in Article 6 of the Charter of the International

Military Tribunal. Article 6, so far as pertinent here, reads as

follows:

“_Article_ 6. The Tribunal established by the Agreement referred

to in Article 1 hereof for the trial and punishment of the major

war criminals of the European Axis countries shall have the

power to try and punish persons who, acting in the interests of

the European Axis countries, whether as individuals or as

members of organizations, committed any of the following crimes.

“The following acts, or any of them, are crimes coming within

the jurisdiction of the Tribunal for which there shall be

individual responsibility:

“(a) _CRIMES AGAINST PEACE_: namely, planning, preparation,

initiation or waging of a war of aggression, or a war in

violation of international treaties, agreements or assurances,

or participation in a Common Plan or Conspiracy for the

accomplishment of any of the foregoing. . . .”

Subparagraphs (b) and (c) of Article 6 are not pertinent to this aspect

of the case. However, the unnumbered final paragraph of Article 6 is of

controlling importance on this aspect of the case. That paragraph reads:

“Leaders, organizers, instigators, and accomplices participating

in the formulation or execution of a Common Plan or Conspiracy

to commit any of the foregoing crimes are responsible for all

acts performed by any persons in execution of such plan.”

In receiving evidence on this aspect of the case I would request the

Tribunal to have in mind five principles derived from the portions of

the Charter I have just read:

(1) The Charter imposes “individual responsibility” for acts

constituting “Crimes against Peace”;

(2) The term “Crimes against Peace” embraces planning, preparation,

initiation, or waging of illegal war;

(3) The term “Crimes against Peace” also embraces participation in a

Common Plan or Conspiracy to commit illegal war;

(4) An illegal war consists of either a war of aggression, or a war in

violation of international treaties, agreements, or assurances. These

two kinds of illegal war might not necessarily be the same. It will be

sufficient for the Prosecution to show that the war was aggressive

irrespective of breach of international treaties, agreements, or

assurances. On the other hand it would be sufficient for the Prosecution

to show that the war was in violation of international treaties,

agreements, or assurances irrespective of whether or not it was a war of

aggression. We think the evidence in this case will establish

conclusively that the wars planned, prepared, initiated, and waged by

these defendants, and the wars which were the object of their common

plan and conspiracy, were illegal for both reasons.

The fifth principle which I ask you to bear in mind, is that individual

criminal responsibility of a defendant is imposed by the Charter not

merely by reason of direct, immediate participation in the crime. It is

sufficient for the Prosecution to show that a defendant was a leader, an

organizer, instigator, or accomplice who participated either in the

formulation or in the execution of a Common Plan or Conspiracy to commit

Crimes against Peace. In the case of many of the defendants the evidence

will show direct and immediate personal participation in the substantive

crime itself. In the case of some of the defendants the evidence goes to

their participation in the formulation and execution of a Common Plan or

Conspiracy. In the case of each defendant, we think, the evidence will

establish full individual responsibility for Crimes against Peace, as

defined in the Charter of this Tribunal. In this connection I wish to

emphasize that the Charter declares that the responsibility of

conspirators extends not only to their own acts, but also to all acts

performed by any persons in execution of the conspiracy.

It is familiar law in my country that if two or more persons set out to

rob a bank, in accordance with a criminal scheme to that end, and in the

course of carrying out their scheme one of the conspirators commits the

crime of murder, all of the participants in the planning and execution

of the bank robbery are guilty of murder, whether or not they had any

other personal participation in the killing. This is a simple rule of

law declared in the Charter. All the parties to a Common Plan or

Conspiracy are the agents of each other and each is responsible as

principal for the acts of all the others as his agents.

So much for the terms of the Charter having a bearing on this aspect of

the case.

I invite the attention of the Tribunal to the portions of the Indictment

lodged against the defendants on trial which relate to the crimes of

illegal war or war of aggression. Particularly I ask the Tribunal to

advert to the statements of offense under Count One and Count Two of the

Indictment in this case.

The statement of offense under Count One of the Indictment is contained

in Paragraph III. The offense there stated, so far as pertinent to the

present discussion, is:

“All the defendants, with divers other persons, during a period

of years preceding 8th May 1945, participated as leaders,

organizers, instigators, or accomplices in the formulation or

execution of a Common Plan or Conspiracy to commit, or which

involved the commission of, Crimes against Peace, as defined in

the Charter of this Tribunal. . . . The Common Plan or

Conspiracy embraced the commission of Crimes against Peace, in

that the defendants planned, prepared, initiated, and waged wars

of aggression, which were also wars in violation of

international treaties, agreements, or assurances.”

The statement of offense under Count Two of the Indictment is also

relevant at this point. It must be obvious that essentially Counts One

and Two interlock in this Indictment. The substance of the offense

stated under Count Two, Paragraph V of the Indictment is this:

“All the defendants with divers other persons, during a period

of years preceding 8 May 1945, participated in the planning,

preparation, incitation, and waging of wars of aggression which

were also wars in violation of international treaties,

agreements, and assurances.”

The emphasis in the statement of offense under Count One of the

Indictment is on the Common Plan or Conspiracy. The emphasis under Count

Two of the Indictment is on the substantive crimes to which the

conspiracy related and which were committed in the course of and

pursuant to that conspiracy.

I should hasten to add at this point that in the division of the case as

between the Chief Prosecutors of the four Prosecuting Governments,

primary responsibility for the presentation of evidence supporting Count

One has been placed on the American prosecutor, and primary

responsibility for the presentation of the evidence supporting Count Two

of the Indictment has been placed on the British prosecutor.

But as we shall show somewhat later, there will to some extent be a

cooperative effort as between the two prosecutors to present certain

phases of both counts together. In addition to the statement of offense

relating to illegal war in Paragraph III under Count One of the

Indictment, Count One also contains what amounts to a bill of

particulars of that offense. In so far as those particulars relate to

illegal war, they are contained in Paragraph IV (F) of the Indictment

which is set out in the English text on Page 7 through the top of Page

10 under the general heading “Utilization of Nazi Control for Foreign

Aggression.” The allegations of this bill of particulars have been read

in open court, in the presence of the defendants, and the Tribunal, as

well as the defendants, are certainly familiar with the contents of

those allegations. I call attention to them now, however, in order to

focus attention on the parts of the Indictment which are relevant in

consideration of the evidence which I intend to bring before the

Tribunal.

My introduction to the presentation of evidence in this matter would be

faulty if I did not invite the Tribunal to consider with me the

relationship between history and the evidence in this case. Neither

counsel nor Tribunal can orient themselves to the problem at

hand—neither counsel nor Tribunal can present or consider the evidence

in this case in its proper context, neither can argue or evaluate the

staggering implications of the evidence to be presented—without reading

that history, reading that evidence against the background of recorded

history. And by recorded history, I mean the history merely of the last

12 years.

Justice Oliver Wendell Holmes, of the U. S. Supreme Court, found in his

judicial experience that “a page of history is worth a volume of logic.”

My recollection is that he stated it perhaps better, earlier in the

preface to his book on the common law where he said, I think, “The life

of the law has been not logic but experience.” I submit that in the

present case a page of history is worth a hundred tons of evidence. As

lawyers and judges we cannot blind ourselves to what we know as men. The

history of the past 12 years is a burning, living thing in our immediate

memory. The facts of history crowd themselves upon us and demand our

attention.

It is common ground among all systems of jurisprudence that matters of

common knowledge need not be proved, but may receive the judicial notice

of courts without other evidence. The Charter of this Tribunal, drawing

on this uniformly recognized principle, declares in Article 21:

“The Tribunal shall not require proof of facts of common

knowledge but shall take judicial notice thereof.”

The facts of recorded history are the prime example of facts of common

knowledge which require no proof. No court would require evidence to

prove that the Battle of Hastings occurred in the year 1066, or that the

Bastille fell on the 14th of July 1789, or that Czar Alexander I freed

the serfs in 1863, or that George Washington was the first President of

the United States or that George III was the reigning King of England at

that time.

If I may be allowed to interpolate, an old law professor of mine used to

present the curiosity of the law: that a judge is held to responsibility

for no knowledge of the law whatsoever, that a lawyer is held to a

reasonable knowledge of the law, and a layman is held to an absolute

knowledge of all the laws. It works inversely as to facts, or facts of

common knowledge. There, the judge is imputed to know all of those

facts, however many of them he may have forgotten as an individual man.

So one of the purposes of this presentation will be to implement the

judicial knowledge which by hypothesis exists, and which probably

actually exists.

It is not our purpose however, to convert the record of these

proceedings into a history book. The evidence which we offer in this

case is evidence which for the moment has been concealed from

historians. It will fill in recorded history, but it must be read

against the background which common knowledge provides. The evidence in

this case consists primarily of captured documents. These documents fill

in the inside story underlying the historical record which we all

already knew. This evidence which we will offer constitutes an

illustrative spot check on history—on the history of the recent times

as the world knows it. The evidence to be offered is not a substitute

for history. We hope the Tribunal will find it to be an authentication

of history. The evidence which we have drawn from captured documents

establishes the validity of the recent history of the past 12 years—a

history of many aggressions by the Nazi conspirators accused in this

case.

As I offer to the Tribunal document after document, I ask the Court to

see in those documents definite additions to history, the addition of

new elements long suspected and now proved. The elements which the

captured documents on this particular aspect of the case will add to

recorded history are the following:

(1) The conspiratorial nature of the planning and preparation which

underlay the Nazi aggressions already known to history;

(2) The deliberate premeditation which preceded those acts of

aggression;

(3) The evil motives which led to the crimes;

(4) The individual participation of named persons in the Nazi conspiracy

for aggression;

(5) The deliberate falsification of the pretexts claimed by the Nazi

aggressors as the reasons for their criminal activities.

These elements the captured documents will demonstrate beyond possible

doubt, and these elements, in the context of historical facts, we think

are all that need to be shown.

The critical period between the Nazi seizure of power and the initiation

of the first war of aggression was a very short period. This critical

period of a lawless preparation and illegal scheming which ultimately

set the whole world aflame was unbelievably short. It covered only 6

years, 1933 to 1939. The speed with which all this was accomplished

evidences at once the fanatical intensity of the conspirators and their

diabolical efficiency. Crowded into these 6 short years is the making of

the greatest tragedy that has ever befallen mankind.

A full understanding of these 6 years, and of the vibrant 6 years of war

that followed, demands that we see this period of time divided into

rather definite phases, phases that reflect the development and

execution of the Nazi master plan. I suggest that the Tribunal as it

receives evidence, fit it into five phases. The first was primarily

preparatory, although it did involve overt acts. That phase covers

roughly the period from 1933 to 1936. In that period the Nazi

conspirators, having acquired governmental control of Germany by the

middle of 1933, turned their attention toward utilization of that

control for foreign aggression. Their plan at this stage was to acquire

military strength and political bargaining power to be used against

other nations. In this they succeeded. The second phase of their

aggression was shorter. It is rather interesting to see that as the

conspiracy gained strength it gained speed. During each phase the

conspirators succeeded in accomplishing more and more in less and less

time until, toward the end of the period, the rate of acceleration of

their conspiratorial movement was enormous. The second phase of their

utilization of control for foreign aggression involved the actual

seizure and absorption of Austria and Czechoslovakia in that order. By

March, the third month of 1939, they had succeeded in that phase. The

third phase may be measured in months rather than years: from March 1939

to September 1939. The previous aggression being successful, having been

consummated without the necessity of resorting to actual war, the

conspirators had obtained much desired resources and bases and were

ready to undertake further aggressions, by means of war if necessary. By

September 1939 war was upon the world. The fourth phase of the

aggression consisted of expanding the war into a general European war of

aggression. By April 1941 the war which had theretofore involved Poland,

the United Kingdom, and France, had been expanded by invasions into

Scandinavia and into the Low Countries and into the Balkans. In the next

phase the Nazi conspirators carried the war eastward by invasion of the

territory of the Union of Soviet Socialist Republics, and finally,

through their Pacific ally, Japan, precipitated the attack on the United

States at Pearl Harbor.

The final result of these aggressions is fresh in the minds of all of

us.

I turn now to certain outstanding evidence at hand. While on this phase

of the case we shall not rest exclusively on them alone; the essential

elements of the crime which I have already pointed out can be made out

by a mere handful of captured documents. My order of presentation of

these will be first to present one by one this handful of documents,

documents which prove the essential elements of the case on aggressive

war up to the hilt. These documents will leave no reasonable doubt

concerning the aggressive character of the Nazi war or concerning the

conspiratorial premeditation of that war. Some of this group of

documents are the specific basis for particular allegations in the

Indictment. As I reach those documents, I shall invite the attention of

the Tribunal to the allegations of the Indictment which are specifically

supported by them. Having proved the corpus of the crime in this way, I

will follow the presentation of this evidence with a more or less

chronological presentation of the details of the case on aggressive war

producing more detailed evidence of the relevant activities of the

conspirators from 1933 to 1941.

The documents which we have selected for single presentation at this

point, before developing the case in detail, are 10 in number. The

documents have been selected to establish the basic facts concerning

each phase of the development of the Nazi conspiracy for aggression.

Each document is conspiratorial in nature. Each document is one, I

believe, heretofore unknown to history and each document is

self-contained and tells its own story. Those are the three standards of

selection which we have sought to apply.

I turn to the period of 1933 to 1936, a period characterized by an

orderly, planned sequence of preparations for war. This is the period

covered by Paragraphs 1 and 2 of Section IV (F) of the Indictment, to be

found at Page 7 of the printed English text. The essential character of

this period was the formulation and execution of the plan to re-arm and

to re-occupy and fortify the Rhineland, in violation of the Treaty of

Versailles and other treaties, in order to acquire military strength and

political bargaining power to be used against other nations.

If the Tribunal please, we have what have been referred to as document

books. They are English translations of German documents, in some cases

German versions. I shall ask that they be handed up and we will hand one

copy at the moment to counsel for the defendants. It has been physically

impossible to prepare 21 sets of them. If possible we shall try to

furnish further copies to the defendants, the original German

documents. . . .

DR. DIX: I would be very much obliged. In order that there should be no

misunderstanding we have arranged that tomorrow we will discuss with the

Prosecution in what way the whole of the evidence may be made available

to all the Defense Counsel. It is, of course, necessary that no one

should have the advantage over the other. For this reason, while I

appreciate the good will of the Prosecution to overcome the

difficulties, I must refuse their kind offer of a copy of the book,

because I feel that in so doing I would have an unfair advantage over

the others. I am not in a position during the proceedings to hand the

evidentiary document to my colleagues. I ask you therefore to appreciate

the reasons why I have refused this document. I am convinced that

tomorrow we shall be able to agree about the way in which we can receive

evidence, and I suggest that today we try to continue as we have done up

to now.

THE PRESIDENT: Mr. Alderman, can you inform the Tribunal how many copies

of these documents you will be able to furnish to the Tribunal by

Monday?

MR. ALDERMAN: I cannot at the moment. If Your Honor pleases: may I make

this suggestion in connection with it, which I think may be of help to

all concerned? I think many of us have underestimated the contribution

of this interpreting system to this Trial. We all see how it has speeded

the proceeding, but in so far as my presentation of German documents is

concerned, I shall let the documents speak. I expect to read the

pertinent parts of the documents into the system so that they will go

into the transcript of record. Counsel for the German defendants will

get their transcripts in German; our French and Russian Allies will get

their transcripts in their language, and it seems to me that that is the

most helpful way to overcome this language barrier. I can recognize that

for Dr. Dix to receive a volume of documents which are English

translations of German documents might not seem very helpful to him.

Further, as an aid, we will have original German documents in court—one

copy; and if the Court will allow, I would ask that the original German

document, from which I shall read, would be passed to the German

interpreter under Colonel Dostert, so that instead of undertaking to

translate an English translation back into perhaps a bad German, he will

have the original German document before him and in that way, the exact

German text will be delivered in the daily transcript to all of the

counsel for the defendants. I hope that may be a helpful suggestion.

THE PRESIDENT: That to some extent depends, does it not, upon how much

of the document you omit?

MR. ALDERMAN: That is quite true, Sir. As to these 10 documents with

which I propose to deal immediately, I expect to read into the

transcript practically the whole of the documents, because the whole of

them is significant, much more significant than anything I could say.

Also all of these 10 documents were listed in the list of documents

which we furnished counsel for the defendants, I believe, the 1st of

November.

THE PRESIDENT: You say that they were. . . .

MR. ALDERMAN: In the list. But of course I recognize that a list of

documents is very different from the documents themselves.

THE PRESIDENT: Are the documents very long?

MR. ALDERMAN: Some of them are very long and some of them are very

short; you can’t generalize. Whenever it is a speech of Adolf Hitler you

can count it is fairly long.

THE PRESIDENT: Can you not by Monday have in the hands of every member

of the Defense Counsel copies of these 10 documents? It is suggested to

me that photostating could be done quite easily.

MR. ALDERMAN: I understand that both our photostatic facilities and our

mimeographing facilities are right up to the hilt with work. It is a

very difficult mechanical problem.

COL. STOREY: If the Tribunal please: In further explanation, the

documents which Mr. Alderman intends to offer were on the defendants’

list filed in the Document Center on the 1st day of November 1945.

Lieutenant Barrett had 23 copies of each one photostated as far as he

could on that list. Six copies went into the defendants’ Information

Center. Now, we can’t say at this time whether six copies—that, is

photostatic copies of each one—have been furnished to the defendants,

but whenever they wanted copies of any particular one, either the

original was exhibited to them or photostatic copies were made.

Again, Sir, I call attention to the physical problems that are almost

insurmountable: to make 23 photostatic copies which are required of

every document. Now then, Sir. . . .

THE PRESIDENT: If I may interrupt you, I imagine that the list which was

deposited on the 1st of November didn’t contain only these 10 documents

but contained a great number of other documents.

COL. STOREY: That is correct, Sir.

THE PRESIDENT: So that the defendants’ counsel wouldn’t know which out

of that list of documents were going to be relied upon.

COL. STOREY: Except, Sir, they were notified that the Prosecution would

use all or some of those documents if necessary, and if the copies were

not furnished upon request, they have been made and delivered to them.

May I say, Sir, that working 24 hours a day, we are trying to furnish 10

sets of all of these to defendants’ counsel, and they will be. . . . One

complete set was delivered to defendants’ counsel here now as a

convenience to follow. The other sets, I feel certain, will be in their

hands sometime Sunday, but one complete list we now turn over to

them—not a list, complete copies.

DR. WALTER SIEMERS (Counsel for Defendant Raeder): I should like to

point out one fact. The Prosecution declared this morning that the

documents that will be put before us today are contained in the list

which was submitted on the 1st of November, that is—in the list which

was submitted this morning. This morning a list was made available to us

in room 54. I have it in my hand. This morning nine documents were

named. Of these nine documents, only one, contrary to what the

Prosecution said, was found in the old list; the other eight documents

were neither in the old list nor in the new list. The eight other

documents are, as I ascertained at lunch time today, not in the document

room. Neither are they available in photostatic copies, so they could

not be made available to me. I think, gentlemen, that it will not be

possible for us to work on this basis. I therefore request that we

should be allowed to wait until we know the result of the discussion

which we are told will take place tomorrow with the Prosecution, so that

we may then. . . .

THE PRESIDENT: The Tribunal proposes to adjourn now and to give Defense

Counsel the opportunity of meeting Counsel for the Prosecution tomorrow

morning. Both Counsel for the Prosecution and Defense Counsel appear to

be perfectly ready to make every possible effort to deal with the case

in the most reasonable way, and at that meeting you will be able to

discuss these documents which you say have been omitted and the Counsel

for the Prosecution will try to satisfy you with reference to the other

documents.

DR. SIEMERS: Yes, I have one more request. The Prosecution has just said

that it will hardly be possible to make 23 photostatic copies. I

believe, gentlemen, that if these documents are as important as the

Prosecution said today, it is a _conditio sine qua non_ that every

defense counsel and every defendant should have a photostatic copy of

these documents.

As we all know it is easy to produce a photostat in a few hours. With

the excellent apparatus here available to the Prosecution it should, in

my opinion, be easy to produce 20 or 40 photostats of these 10 documents

in 48 hours.

THE PRESIDENT: Well, you will meet the Counsel for the Prosecution

tomorrow and attempt to come to some satisfactory arrangement with them

then; and now the Tribunal will adjourn.

[_The Tribunal adjourned until 26 November 1945 at 1000 hours._]

FIFTH DAY

Monday, 26 November 1945

_Morning Session_

DR. FRITZ SAUTER (Counsel for Defendant Von Ribbentrop): May it please

the Court, I should like to make an application. I am Dr. Sauter,

counsel for the Defendant Von Ribbentrop. On 30 October the Defendant

Von Ribbentrop requested that his former secretary, Margareta Blank, at

that time in the Remand Prison in Nuremberg, be placed at his disposal

in order that he might dictate his reply to the Indictment, as well as a

description of the manner in which he performed his official duties in

the last 7 or 8 years.

On 11 November 1945 the Tribunal allowed this request. The Defendant Von

Ribbentrop was therefore able to dictate for a few hours, but this was

stopped for reasons unknown to him. Neither has the Defendant Von

Ribbentrop had returned to him the shorthand notes or the typed

transcript. He has not been able to dictate any more to Fräulein Blank.

On 15 November Ribbentrop repeated his request regarding the witness

Blank, but up to the present she has not been placed again at his

disposal. The Defendant Ribbentrop therefore requests the President to

give instructions that his former secretary, Margareta Blank, again be

placed at his disposal in order to take down the necessary notes from

dictation. Such permission appears to be absolutely essential to enable

the Defendant Ribbentrop properly to prepare his own testimony and the

testimony of the defense witnesses.

Particularly in the case of Von Ribbentrop, the material to be treated

is so voluminous, that no other way of treating it appears feasible to

us. The Defendant Von Ribbentrop has a further request to make. He has

repeatedly asked that some of his former colleagues, in particular

Ambassador Gauss, Ambassador Von Rintelen, Minister Von Sonnleitner,

Professor Fritz Berber, and Under State Secretary Henke, be brought to

Nuremberg as witnesses, and that he be permitted to speak to these

witnesses in the presence of his counsel. This request had in part been

refused by the Court on 10 November. The remaining part has not yet been

decided.

It is quite impossible for the Defendant Von Ribbentrop to give a clear

and exhaustive account of the entire foreign policy for the last 7 or 8

years if nothing is placed at his disposal except a pencil and a block

of writing paper. Even the White Books of the Foreign Office, for which

he has asked, could not be placed at his disposal. In view of the fact

that the data concerning Germany’s foreign policy during the last 7 or 8

years is so extensive, the Defendant Von Ribbentrop cannot possibly

recall every single date, every event, every document, _et cetera_,

unless his memory is refreshed by his being able to speak with his

former colleagues.

Apart from this the Defendant Von Ribbentrop has been in the habit of

taking a great many soporifics during the last 4 years, especially

bromides, and his memory has suffered in consequence. It would not be

very helpful to the investigation of historical truth in a field which

interests not only this Court, but also, to an even greater extent, the

outside world, if Von Ribbentrop during his examination, might have to

state at every turn that he could no longer recollect these details.

Defendant Von Ribbentrop therefore applies to the Court and begs that

his above-mentioned colleagues be brought here and that he receive

permission to discuss with them matters pertaining to the Trial, in

order that he may prepare for further proceedings.

THE PRESIDENT: The Tribunal has already intimated to defendant’s counsel

that all applications should, as far as practicable, be made in writing,

and they consider that the applications which have how been made orally

should have been made in writing. They will consider the facts with

reference to the applications in respect of the Defendant Von

Ribbentrop’s secretary. The other applications as to witnesses and

documents, which have been made in writing, have been considered, or

will be considered by the Tribunal.

DR. SAUTER: Mr. President, may I say in this connection that the

applications which I have today submitted have been repeatedly lodged

with the Court in writing, but my client is anxious lest he experience

difficulties in preparing for his own hearing and the hearing of the

defense witnesses.

THE PRESIDENT: As was announced at the sitting on Friday, Counsel for

the Prosecution were to try to arrange with defendants’ counsel some

satisfactory arrangement with reference to the production of documents

in the German language. In accordance with that announcement, Counsel

for the Prosecution saw Counsel for the Defense, and representatives of

the Prosecution and the Defense appeared before the Tribunal and the

Tribunal has provisionally made the following arrangement:

1. That in the future, only such parts of documents as are read in court

by the Prosecution shall in the first instance be part of the record. In

that way those parts of the documents will be conveyed to defendants’

counsel through the earphones in German.

2. In order that defendants and their counsel may have an opportunity of

inspecting such documents in their entirety in German, a photostatic

copy of the original and one copy thereof shall be deposited in the

defendants’ counsel room at the same time that they are produced in

court.

3. The defendants’ counsel may at any time refer to any other part of

such documents.

4. Prosecuting counsel will furnish defendants’ counsel with 10 copies

of their trial briefs in English and five copies of their books of

documents in English, at the time such briefs and books are furnished to

the Tribunal.

5. Defendants’ counsel will be furnished with one copy of each of the

transcripts of the proceedings.

That is all. I call upon the prosecuting counsel for the United States.

MR. ALDERMAN: If it pleases the Tribunal, may I make, Mr. President, one

inquiry with regard to your reference to trial briefs? On my section of

the case I shall not expect to hand up trial briefs to the Court.

Whatever I have in the nature of trial briefs will be put over the

microphone. I wonder if that is satisfactory?

THE PRESIDENT: I think what I said meets that case.

MR. ALDERMAN: I thought so, yes.

THE PRESIDENT: Because what I said was that the defendants’ counsel

would be furnished with 10 copies of the trial briefs in English at the

same time that they are furnished to the Tribunal. Therefore, if you

don’t furnish the trial briefs to the Tribunal, none will be furnished

to the defendants’ counsel.

MR. ALDERMAN: Yes. When the Tribunal rose on Friday last, I had just

completed an introductory statement preliminary to the presentation of

evidence on the aggressive war aspect of the case. In that introductory

statement I had invited attention to the parts of the Charter and to the

parts of the Indictment which are pertinent to this aspect of the case.

I had also discussed the relationship between recorded history and the

evidence to be presented, indicating what sort of additions to recorded

history would be made by the evidence contained in the captured

documents.

I then indicated to the Court that I would first proceed by presenting

singly a handful of captured documents, which, in our opinion, prove the

corpus of the crime of aggressive war, leaving no reasonable doubt

concerning the aggressive character of the Nazi war, or concerning the

conspiratorial premeditation of that war. I indicated to the Tribunal

that after proving the corpus of the crime in this way I would follow

the presentation of this evidence with a more or less chronological

presentation of the case on aggressive war, producing evidence in

greater detail of the relevant activities of the conspirators from 1933

to 1941.

As the members of the Tribunal may understand, it is easier to make

plans about presentation than to keep them. There have been, by

necessity, some changes in our plans. I indicated on Friday that to a

certain extent the American case under Count One and the British case

under Count Two would interlock. The British Chief Prosecutor, Sir

Hartley Shawcross, is by force of circumstances, required to be in

London this week. He expects to be back next week. The intention now is

that when he returns Monday he will make his opening statement covering

Count Two of the Indictment and such interrelated parts of Count One of

the Indictment as have not by then been presented. So that what is at

the moment planned, if it meets with the Court’s views, is that I shall

continue, as far as I may within 2 days of this week, on the detailed

story as to aggressive war; that thereupon we shall alter the

presentation and present some other matters coming under Count One.

Then, following the British Chief Prosecutor’s opening statement on

Monday of next week, we shall continue jointly with the chapters on

Poland, Russia, and Japan, as parts of both Count One and Two. While

that may not be strictly logical, it seems to us the best method with

which to proceed under the circumstances.

I turn now to the period of 1933 to 1936, a period characterized by an

orderly, planned sequence of preparations for war. This is the period

covered by Paragraphs 1 and 2 of IV (F) of the Indictment. This may be

found at Page 7 of the printed English text of the Indictment.

The essential character of this period was the formulation and execution

of the plan to rearm and to reoccupy and fortify the Rhineland in

violation of the Treaty of Versailles and other treaties, in order to

acquire military strength and political bargaining power to be used

against other nations.

Hitler’s own eloquence in a secret speech delivered to all Supreme

Commanders on 23 November 1939, at 1200 hours, is sufficient to

characterize this phase of the Nazi conspiracy. This document comes to

hand as a captured document found in the OKW files—OKW is Ober Kommando

der Wehrmacht (the High Command of the Army, Chief of the High Command

of the Armed Forces)—and was captured at Flensburg. The document is

numbered 789-PS in our numbered series of documents.

I have in my hand, if the Court please, the German original of this

document in the condition in which it was captured, and I wish to offer

the document in evidence and have it given the proper serial number as

the United States prosecutor’s exhibit. The serial number, I understand,

is United States Exhibit 23. I would ask that the German text of the

original be handed to the German interpreters.

If the Court please, understanding the ruling just made by the presiding

justice, although I have offered the entire document, as it is a very

long speech, I shall not read into the record the entire speech. Of

course the presiding judge said defense counsel may insert any other

parts of it as they wish.

I shall begin reading at the beginning, and read a little more than half

of the first page in the English text. I am advised that the German

original is marked with a blue pencil at the point where I shall stop

reading. I will read the English translation:

“November 23, 1939, 1200 hours. Conference with the Führer, to

which all Supreme Commanders are ordered. The Führer gives the

following speech:

“The purpose of this conference is to give you an idea of the

world of my thoughts, which takes charge of me, in the face of

future events, and to tell you my decisions. The building up of

our Armed Forces was only possible in connection with the

ideological”—the German word is “weltanschaulich”—“education

of the German people by the Party.”

If I may interpolate just to comment on that interesting German word

“weltanschaulich”, I take it that ideological is about as close a

translation as we can get, but the word means more than that. It means a

whole attitude towards the world, a way of looking on the world.

“When I started my political task”—I am quoting again—“in

1919, my strong belief in final success was based on a thorough

observation of the events of the day and the study of the

reasons for their occurrence. Therefore, I never lost my belief

in the midst of setbacks which were not spared me during my

period of struggle. Providence has had the last word and brought

me success. Moreover, I had a clear recognition of the probable

course of historical events and the firm will to make brutal

decisions. The first decision was in 1919 when I, after long

internal conflict, became a politician and took up the struggle

against my enemies. That was the hardest of all decisions. I

had, however, the firm belief that I would arrive at my goal.

First of all, I desired a new system of selection. I wanted to

educate a minority which would take over the leadership. After

15 years I arrived at my goal, after strenuous struggles and

many setbacks. When I came to power in 1933, a period of the

most difficult struggle lay behind me. Everything existing

before that had collapsed. I had to reorganize everything,

beginning with the mass of the people and extending it to the

Armed Forces. First, reorganization of the interior, abolishment

of appearances of decay and defeatist ideas, education to

heroism. While reorganizing the interior, I undertook the second

task: To release Germany from its international ties. Two

particular characteristics are to be pointed out: Secession from

the League of Nations and denunciation of the Disarmament

Conference. It was a hard decision. The number of prophets who

predicted that it would lead to the occupation of the Rhineland

was large, the number of believers was very small. I was

supported by the nation, which stood firmly behind me, when I

carried out my intentions. After that the order for rearmament.

Here again there were numerous prophets who predicted

misfortunes, and only a few believers. In 1935 the introduction

of compulsory armed service. After that, militarization of the

Rhineland, again a process believed to be impossible at that

time. The number of people who put trust in me was very small.

Then, beginning of the fortification of the whole country,

especially in the west.

“One year later, Austria came.”—I suppose he meant Austria

went.—“This step also was considered doubtful. It brought about

a considerable reinforcement of the Reich. The next step was

Bohemia, Moravia, and Poland. This step also was not possible to

accomplish in one campaign. First of all, the western

fortification had to be finished. It was not possible to reach

the goal in one effort. It was clear to me from the first moment

that I could not be satisfied with the Sudeten-German territory.

That was only a partial solution. The decision to march into

Bohemia was made. Then followed the erection of the

Protectorate, and with that the basis for the action against

Poland was laid, but I wasn’t quite clear at that time whether I

should start first against the East and then in the West, or

vice versa.”

There are some curious antitheses of thought in that speech, as in most

of Adolf Hitler’s speeches. In one sentence he combines guidance by

Providence with the making of brutal decisions. He constantly speaks of

how very few people were with him, and yet the mass of the German people

were with him. But he does give a brief summary of the gist of what is

contained in the allegations of the Indictment, to which I have invited

your attention:

The organization of the mass of the people, then extending to the Armed

Forces, and the various brutal decisions that he did make, about which

history knows.

That long document contains other material of great interest. It may be

that we shall advert to other portions of it later. At this point,

however, I have simply asked the Court to focus attention on the matter

I have just read and its bearing on the development of the conspiracy

during the period 1933 to 1936.

Another captured document is sufficient to demonstrate the preparations

for war in which the Nazi conspirators were engaged during this period.

I refer to a top-secret letter dated 24 June 1935 from General Von

Brauchitsch to the Supreme Commanders of the Army, Navy, and Air Forces.

Attached to that letter is a copy of a secret Reich Defense Law of 21

May 1935 and a copy of a decision of the Reich Cabinet of 21 May 1935 on

the Council for the Defense of the Reich.

These documents were captured in the OKW files at Fechenheim. This group

of documents is numbered 2261-PS in our numbered series of documents. It

seems to us one of the most significant evidences of secret and direct

preparations for aggressive war.

I gave expression to a typographical error. That was General Von

Blomberg instead of Brauchitsch.

I have the original of these documents. I ask that they be admitted into

evidence as Exhibit USA-24.

The top page of that document, which I shall read in full, is the letter

signed “Von Blomberg, Berlin, 21 June 1935, Top Secret”; headed “The

Reich Minister of War and Supreme Commander of the Armed Forces, No.

1820/35 Top Secret L II a.”

“To: The Supreme Commander of the Army, the Supreme Commander of

the Navy, the Supreme Commander of the Air Forces.

“In the appendix I transmit one copy each of the law for the

defense of the Reich of 21 May 1935, and of a decision of the

Reich Cabinet of 21 May 1935 concerning the Reich Defense

Council. The publication of the Reich Defense Law is temporarily

suspended by order of the Führer and Reich Chancellor.

“The Führer and Reich Chancellor has nominated the President of

the Directorate of the Reichsbank, Dr. Schacht, to be

‘Plenipotentiary-General for War Economy.’

“I request that the copies of the Reich Defense Law needed

within the units of the Armed Forces, be ordered before 1 July

1935 at Armed Forces Office (L) where it is to be established

with the request that the law should only be distributed down to

corps headquarters outside of the Reich Ministry of War.

“I point out the necessity of strictest secrecy once more.”

Signed by “Von Blomberg.” Underneath that is an indorsement:

“Berlin, 3 September 1935; No. 1820/35 L Top Secret II a. To

Defense-Economic Group G-3, copy transmitted (signed) Jodl.”

“There is attached thereto, if the Tribunal please, the statute referred

to as the Reich Defense Law of 21 May 1935, or rather it was enacted by

the Reich Cabinet, and it starts with the statement: “The Reich Cabinet

has enacted the following law that is hereby made public.”

There follows a law in detail covering preparations for state of

defense, mobilization, appointment of this Plenipotentiary-General for

War Economy, with plenipotentiary authority for the economic preparation

of the war, and a Part III providing for setting of penalties.

The law is signed:

“The Führer and Reich Chancellor, Adolf Hitler; the Reich Minister of

War, Von Blomberg; the Reich Minister of the Interior, Frick,” one of

the defendants. And at the bottom of it there is this note—that is on

Sheet 4 of the original German, I think:

“Note on the Law for the Defense of the Reich of 21 May 1935.

The publication of the Law for the Defense of the Reich of 21

May 1935 will be suspended. The law became effective 21 May

1935. The Führer and Reich Chancellor, Adolf Hitler.”

So that although the law itself stated that it was made public, the

publication was suspended by Adolf Hitler; although the law became

immediately effective.

There is further attached a copy of the decision of the Reich Cabinet of

21 May 1935 on the council for the defense of the realm which deals

largely with organization for economic preparation for the war and which

I think was discussed by my colleague, Mr. Dodd, last week.

There can be no question that this law of May 21, 1935 was the

cornerstone of war preparations of the Nazi conspirators. The

relationship of the Defendant Schacht to this preparation is made

transparently clear by this captured document.

So much, for the time being, on the preparatory phase of the conspiracy,

1933 to 1936.

As indicated earlier, the next phase of aggression was the formulation

and execution of plans to attack Austria and Czechoslovakia, in that

order.

This is the phase of the aggression covered by Paragraphs 3 (a), (b),

and (c) of Section IV (F) of the Indictment, appearing at Pages 7 to 8

of the printed English text.

One of the most striking and revealing of all the captured documents

which have come to hand is a document which we have come to know as the

Hossbach notes of a conference in the Reich Chancellery on 5 November

1937 from 1615 to 2030 hours, in the course of which Hitler outlined to

those present the possibilities and necessities of expanding their

foreign policy, and requested—I quote: “That his statements be looked

upon in the case of his death as his last will and testament.” And so

with this document we shall present to the Tribunal and to the public

the last will and testament of Adolf Hitler as he contemplated that last

will and testament on 5 November 1937. The document comes to hand

through the United States Department of State and it is authenticated by

the seal of the Secretary of State of the United States. It is Document

Number 386-PS in our series of numbered documents. I offer it in

evidence as Exhibit USA-25.

Before reading it, I note at the start that the recorder of the minutes

of this meeting, then Colonel Hossbach, was the Führer’s adjutant. I

note also the presence at this conspiratorial meeting of the Defendant

Erich Raeder. The Defendant Constantin von Neurath was present. The

Defendant Hermann Wilhelm Göring was present. The minutes of this

meeting reveal a crystalization towards the end of 1937 in the policy of

the Nazi regime. Austria and Czechoslovakia were to be acquired by

force. They would provide Lebensraum (living space) and improve

Germany’s military position for further operations. While it is true

that actual events unfolded themselves in a somewhat different manner

than that outlined at this meeting, in essence the purposes stated at

the meeting were carried out. The document destroys any possible doubt

concerning the Nazis’ premeditation of their Crimes against Peace. This

document is of such tremendous importance that I feel obliged to read it

in full into the record:

“Berlin, 10 November 1937. Notes on the conference in the

Reichskanzlei on 5 November 1937 from 1615 to 2030 hours.

“Present: The Führer and Reich Chancellor; the Reich Minister

for War, Generalfeldmarschall Von Blomberg; the C-in-C Army,

Generaloberst Freiherr Von Fritsch; the C-in-C Navy,

Generaladmiral Dr. H. C. Raeder; the C-in-C Luftwaffe,

Generaloberst Göring; the Reichsminister for Foreign Affairs,

Freiherr Von Neurath; Oberst Hossbach” (the adjutant who took

the minutes).

“The Führer stated initially that the subject matter of today’s

conference was of such high importance that its detailed

discussion would certainly in other states take place before the

Cabinet in full session. However, he, the Führer, had decided

not to discuss this matter in the larger circle of the Reich

Cabinet, because of its importance. His subsequent statements

were the result of detailed deliberations and of the experiences

of his 4½ years in government; he desired to explain to those

present his fundamental ideas on the possibilities and

necessities of expanding our foreign policy, and in the

interests of a far-sighted policy he requested that his

statements be looked upon, in the case of his death, as his last

will and testament.

“The Führer then stated: The aim of German policy is the

security and the preservation of the nation and its propagation.

This is consequently a problem of space. The German nation

comprises 85 million people, which, because of the number of

individuals and the compactness of habitation, form a

homogeneous European racial body, the like of which cannot be

found in any other country. On the other hand it justifies the

demand for larger living space more than for any other nation.

If there have been no political consequences to meet the demands

of this racial body for living space, then that is the result of

historical development spread over several centuries and should

this political condition continue to exist, it will represent

the greatest danger to the preservation of the German

nation”—The German word used there, is not “nation”; it is

“Volkstum”—“at its present high level. An arrest of the

decrease of the German element in Austria and in Czechoslovakia

is just as little possible as the preservation of the present

state in Germany itself.”

I interpolate that I can but think that this is not a good translation

of the German because to me the sentence seems meaningless.

“Instead of growth, sterility will be introduced, and as a

consequence, tensions of a social nature will appear after a

number, of years, because political and philosophical ideas are

of a permanent nature only as long as they are able to produce

the basis for the realization of the actual claim of the

existence of a nation. The German future is therefore dependent

exclusively on the solution of the need for living space. Such a

solution can be sought naturally only for a limited period,

about one to three generations.

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 02 · 第 69 / 82 题