I admit these statements; their correctness has been proved in the meantime.
As long as the Danube area was incorporated in the Austrian-Hungarian Monarchy its development was prosperous to all, and the German element did not deploy an imperial activity but rather promoted culture and enemy. Since this area is broken up through the integral carrying out of the national principle, it has not settled down in peace. This recollection made no imagine a reshaping of a common Lebensraum, which, as I openly declared, must give such a social order to all, that is, Germans, Czechs, Slovaks, Hungarian, and Rumanians, which would make life worth while to every individual. In this connecting I also thought of Czechoslovakia, because of the co-ordination of languages in Moravia which I Myself had witnessed.
If, after 1 September 1939 I awoke of the Vistula area as a German area of destiny, I did so out of ay striving to take precautions against future dangers which had become obvious by outbreak of war, and which have today become a terrible reality to every German. These statements have no other evidential strength to prove the intention for a war of aggression than for instance the factual carrying; out of the decisions of Teheran concerning the German territories of the East.
This war which I immediately and always recognized as a struggle are life and death of the German people and now become a fact. I could oppose but an unconditional "no" to the demand for an unconditional capitulation. I believe in the words of Ruthenium: "Gourageous people can be broken but never bent".
In correction with the defeat, I should like to say only the following with reference to my interference with the political administration: Nobody in the Netherlands was forced to a political confession nor limited in his freedom or his property because during the occupation he had held an attitude hostile to the Reich or to National Socialist.
I have already explained that I had serious humane and legal objections to the evacuation of the Jews. Today I realize that there must be a justification for large-scale and permanent evacuations, for such evacuations are today affection more than 10,000,000 Germans, who had been settled in there, homes longer than most of the Jews in Amsterdam, for hundreds of ears.
From the middle of 1944, the activity of German courts in the Netherlands was stopped on the basis of a direct Fuehrer order.
Saboteurs and terrorists were to be shot by the police if their activity was proved. I heard only of such shootings at this time, near of shootings of hostages in the true sense. The Dutch parties who lost their lives during the occupation are today rightly considered fallen heroes. Does it not put this heroism on a lower plane to represent thou exclusively as the victims of a crime, thus implying that their conduct would not have been so hazardous if the occupying power had conducted itself in a proper manner? They were all in a voluntary and active relationship to the resistance movement. They share the destiny of front-line soldiers; the bullet hits him who is active in a danger zone.
Could I have been the friend of the Dutch, the overwhelming majority of whom were against my people which was strutting for its existence? I only regretted that I had not came to the country as a friend. But I was neither a hangman nor, of my own will, a letter, as the Soviet Prosecution contends. My conscience has been assuaged by the fact that the biological situation of the Dutch people during the period of my full responsibility -- that is, up to the middle of 1944-- was better than in the First World War, without occupation and blockade. This is testified to by the statistics of marriages and births and by the mortality and illness figures, This is certainly duo in part to the effects of a number of measures instituted by me, for example, an extensive health insurance, marriage and baby houses, social, graduation of the income tax, etc Finally, I did not carry out the order which I receive. to destroy the county, an been my own initiative, I put an end to the occupation when resistance in Holland had become senseless.
I have two more statements regarding Austria.
First of all, if the Germans in Austria wish their community of fate with the Germans in the Reich to become a reality inwardly and outwardly, then no authoritarian obstacles may be opposed to this wish, and no cause given for interference of non-German forces in this decision. Otherwise, the while German people would follow the most radical Aeschylus tendency without consideration of how the rest of the political program of such a movement might be constituted.
Secondly, on the question of the effectiveness of provisions of International Law during a war:
Germany count desire any war in her own true interest. She must even see to it that no weapons are forced into her hands. The other peoples do not want a war, either, but the possibility of no is not absolutely out of the question unless the peoples abhor it. It is therefore wrong to try to minimize a future war enough to reduce the defensive forces in the nations by awakening the impression that a future world war could in some way be kept within the framework of the Hague Conventions on Land warfare, or other International Law agreements.
And now I have, no doubt, to give you an explanation regarding my relation to Adolf Hitler. Did he prove himself inadequate to fulfill a task decisive for the German people, for Europe itself, or was he the man who struggled, although in vain, and to unimaginable excesses, against the course. of an inexorable fate? To me he remains the man who made Greater Germany a fact in German history. I served him and resigned loyal to him. And then? I cannot today cry "Crucify him", since yesterday I cried "Hosanna".
My next thought is that of gratitude, to my Defense Counsel for the high effort he has made in defending me.
My last word is the principle on which I have always acted and to which I will bold unit my last breath! I believe in Germany,
THE PRESIDENT:I call on the defendant Albert Speer.
DEFENDANT SPEER:Mr. President, may it please theTribunal: Hitler and the collapse of his system have brought a time of tremendous suffering upon the German people. The useless continuation of this war and the unnecessary destruction, in addition, make it difficult the work of reconstruction. Privation and misery have come to the German people. After this trial, the German people will condemn Hitler as the proven originator of its misery, and despise him.
Yet the world will learn from these happenings not only to hate dictatorship as the form of a state, but to fear it.
Hitler's dictatorship differed in one principle from all its predecessors in history. His was the first dictatorship of an industrial state in this time of modern technical development, a dictatorship which, for the domination of its own nation, availed itself of all technical means in a perfect manner.
Many of the apparently improbable phenomena of this trial would not be possible without those technical developments. Through the means of those developments like the radiant the loudspeaker, 80,000,000 people were deprived of this power to think independently. Through these means they were subjected of the will of one man. The telephone, the teleprinter and radio made it possible that, for instance, orders from the highest sources could be transmitted directly to the lowest ranking units, where, because of their great authority they were carried out without criticism. Of it was achieved that numerous departments and a agencies came into, direct contact with the top-ranking leaders from whence they received their sinister orders directly. Or it happened that there was a far-reaching, supervision of the citizen of the state and a high decree of secrecy of criminal events.
Perhaps to the outsider this machinery of the state may appear like the cables of a telephone exchange - apparently without system.
But just like this, it could be served and dominated by one single will.
Earlier dictators during their work of leadership needed collaborators, with the highest qualities even at the lowest level, men who could think and act independently.
The totalitarian system in a time of modern technical development does not depend on them; even the instruments of communication alone place it is a position where the work of the lower ranking leaders can be mechanized. As a result there arises the new type of the recipient of orders who does not criticize.
We had only reached the beginning of the development.
The nightmare of many a man that one day technical developments might domineer entire peoples had merely been realized in Hitler's totalitarian system.
Today the danger that technical developments may terrorize them overshadows every country in the world. In the modern dictatorship, this to me, seems inevitable.
Thus!. The more technical the world becomes, the more the counterbalancing influence of the advancement of individual freedom and selfpossessedness of man is essential.
Hitler not only used technical developments to dominate his own people -- he had nearly succeeded, by means of his technical lead, in subjugating the whole of Europe. It was merely due to some principal shortcomings of organization, such as are typical for a dictatorship because of the absence of criticism, that before 1942 he did not have twice as many tanks, aircraft, and submarines.
But, if a modern industrial state uses all its intelligence, its science, and technical developments as well as its entire production for a number of years in order to again a lead in the sphere of armament, then it can also, by the use of its manpower and because of the established lead in the technical sphere, Completely overtake and conquer the world, particularly if other nations 31 Aug 17-1A dok/ Williams during that same period employ their technical abilities in the service of cultural progressof humanity.
The more technical the world becomes, the greater will be this danger and the more serious will be an established lead in the sphere of the modern means of warfare.
This war has ended on the note of radio-controlled rockets, aircarft developing the speed of sound, novel submarines and torpedoes, which could find their own target, of atome bombs, and with a prospect of a horrible type of chemical warfare.
By necessity the next war will be in the shadow of these new destructive inventions of human minds.
In five to ten years this technique of warfare will offer the possibility of firing rockets from continent to continent with uncanny precision. Through the smashing of the atom it will be in a position to destroy, in the center of New York, perhaps 1,000,000 people in a matter of seconds with a rocket serviced, perhaps, by ten men. Invisible, without previous warning, faster than sound, by day and by night. The scientists of various countries are able to spread amongst human beings and animals various diseases and destroy the harvests. Chemistry has at its disposal terrible weapons with which it can inflict unthinkable sufferings upon helpless human beings.
Will there once again be a nation to use the technical of this war for the preparation of a new war, while the remaining world exploits the technical of this war for the benefit of humanity, thus attempting to create minute compensation for its horrors?
As a former minister of the highly developed armament system, it must be my last duty to state this:
A new large-scale war will end with the destruction of human culture and civilization. Nothing will prevent the unleashed technique and science from completing tis work of destruction of humanity, which it had begun in so dreadful a way in this, the last war.
That is the reason why this trial must be a contribution for the prevention of such distorted wars in the future and for the establishment of principles for human cohabitation.
What is the significance of my own 31 Aug 17-1A dok/Williams fate after eveyrthing that has happened, in the light of this high goal?
During the past centuries, the German people has contributed much towards the creation of human culture. Often it has made this its contribution in times when it was just as powerless and helpless as it is today. Valuable human beings cannot be driven to despair. They are bound to create new, lasting values and, under the tremendous pressure brought to brear upon everyone today, these new works will be of particular significance.
But if the German people in the inevitable times of its poverty and powerlessness -- but simultaneously also the time of its reconstruction creates new works of culture, then it has, in that way, made its most valuable contribution to the happenings in this world which it could possibly be in a position to make.
It is not the battles of war alone which shape the history of humanity; they are, in a higher sense, the cultural contributions which one day will become the common property of all humanity. But a nation believing in its future will never perish. May God protect Germany and the culture of the Occident.
END THE PRESIDENT:
I call upon defendant Constantin von Neurath.
DEFENDANT VON NEURATH:Firm in the conviction that truth and justice will prevail before this High Tribunal over all hatred, slander and misrepresentation, I believe that I should add only this one thing to the words of my defense counsel: My life was consecrated to truth and honor, to the maintenance of peace and the attainment of understanding among peoples, to humanity and justice. I stand with a clear conscience not only before myself but before history and the German people.
Nevertheless, if the verdict of this Tribunal should be guilty, I shall be able to bear even this and shall take it upon myself as a last sacrifice on behalf of any people, whom it was the meaning and substance of my entire being to serve.
THE PRESIDENT:I call upon the defendant Hans Fritzsche.
DEFENDANT FRITSCHE:May it please the Tribunal: The Chief Prosecutors in their final speeches have repeated several of the accusations against me although in my opinion they have been clearly refuted by the taking of evidence.
The main points in question I have summarized and I do not propose to read them. If it is not in contradiction to the rules of this Tribunal and if it would please the Tribunal, then I should make the request that this summary, which amounts to six pages, should be taken judicial notice of be the Tribunal. They are available for Translation.
Yet I should not like to waste this last chance for a last word at this Trial by quoting the details, all of which can be found in the records and documents. I shall have to deal with the entire complex of the crimes since the Prosecution alleged that I had been connected with these crimes through a conspiracy.
With reference to that accusation, I can only say that even if I had made propaganda during my radio speeches which the Prosecution now accuses me of, even if I had represented the teaching of the "Master Race", even if I had preached hatred against other peoples, even if I had incited to aggressive wars, acts of force, murder, and inhuman actions, even if I had done all that, then the German nation would have turned away from me and would have turned down the system for which I spoke.
Even if I had done it in a hidden form, then my listeners 31 Aug A LJG Price 18-1a would have noticed it and adopted a negative attitude.
But the misfortune is contained in the fact that I did not represent all these trends of though according to which Hitler, together with a small circle of his accomplices, was acting secretly, this circle which, according to the testimony of the witnesses Hoess, Reinicke and Morgen, amongst others, is now slowly emerging from the mist** which it had been hidden until new.
I believed in Hitler's assurances of an honest will for peace and through that I strengthened the trust of the German people in them.
I believed in the official German denials of all foreign reports of German atrocities. And with my beliefs I strengthened the trust of the German people in the cleanliness of the leaders of the German state.
That is my guilt. No more, no less.
The prosecutors have expressed the horror of their peoples caused by the atrocities which occurred. They did not expect that much good would come from Hitler, and they are shattered by the extent of what really happened. But then, you must try to understand the disgust of those who expected much good to come from Hitler and who now have to see how their trust, their good will, and their idealism had been misused. I am in just that position of the man who has been deceived, together with many, many other Germans, of whom the Prosecution say that they could have recognized all that happened from the smoke rising from the chimneys of the concentration camps, or the mere spectacle of the detainees.
I feel that it is a great misfortune that the Prosecution have pictured these matters in such a way as if all of Germany had been a tremendous hideout of crime. It is a misfortune that the Prosecution are generalizing the extent of the crimes, which are in themselves horrible enough. But opposed to this I must say that anyone who once during the years of peaceful reconstruction had believed in Hitler, he only needed faith, courage, and the 31 Aug A LJG 18-2a Price will to make sacrifices in order to continue believing in him, until through the discovery of carefully hidden facts he could recognize the devil in him.
only this can the struggle be explained which Germany carried on for 68 months. Such a sacrificed be not grow from crime but from idealism and good faith and from clear and apparently just organization.
I regret the generalization which the Prosecution have applied to the crimes, because they are bound to enlarge the mountain of hatred in the shadow of which the world lies today. Yet the time has come to interrupt the circle of that hate which has dominated the world until now. It is high time that a halt should be called to the harvest and the sewing of a new seed of hatred and that the seed must be changed. After all, the murder of five millions is a terrible warning, and the world has at its disposal the technical means for its self-destruction.
For that reason, the Prosecution should not replace hatred by yet more hatred when they present their case.
It is my right to say this before my conscience because I have not preached hatred, as the Prosecution will have it, nor have I closed my ears to pity. To the contrary, again and again, in the middle of the hardest struggle, I have raised the voice of humanity. The vast majority of my speeches prove it, which, after all, can be considered at any time when one considers the allegations of my adversaries. Such speeches, which evennow have not been submitted to the Tribunal, can not simply have disappeared from the surface of this earth.
Admittedly, it is perfectly possible, alas, even understandable, that the hurricane of disgust which swept the world because of the atrocities which were committed might sweep away the borders of individual responsibility. If that happens, if collective responsibility is to be attached even to those who, in their good faith, were misused, then, Your Honors, you must hold me responsible. As my defense counsel has emphasized, I do not wish to hide behind the millions of these men and women acting in good faith who were misused. I will place myself before them, before those for whom my good faith had been an additional guarantee for the cleanliness of the system. And yet, this responsibility of mine is only valid for these who acted in good faith, not for the originators, collaborators, and those who knew if these atrocities beginning with murder and ending with the choice of living human beings for anatomical collections.
Between these criminals and myself there is only one tie; they merely misused me in a different manner than they misused those who become their physical victims.
It may be difficult to separate German crime from German idealism. It is not impossible, if you draw that dividing line, then you will save much suffering for Germany and far the whole world.
THE PRESIDENT: The Tribunal will carefully Consider the statements which the defendants have made.
The Tribunal is now about to adjourn for the consideration a of its judgment. Before doing so, the Tribunal wishes the express its appreciation of the way in which counsel for the prosecution and counsel for the defense have performed their duties.
The Tribunal has been information that the defendants counsel have been receiving letters from Germane improperly criticizing their conduct as counsel in these proceedings. The tribunal will protect counsel in so far as it is necessary so long as the Tribunal is in session, and it has no doubt that the Control Council will protect them thereafter against such at ticks. In the opinion of the Tribunal, defense counsel have performed an important public duty in accordance with the high traditions of the legal profession, and the Tribunal thanks 'them for their assistance.
The Tribunal will now adjourn until September 23rd, in order to consider its judgment. On that date the judgment will be announced. If any postponement should be necessary due notice will be given.
(The Tribunal adjourned until the 23rd of September, 1946 at 1000 hours.)
Official Transcript of the International Military Tribunal in the matter of the United States of America, the French Republic the United Kingdom of Great Britain and Northern Ireland, and the Union of Soviet Socialist Re publics, against Hermann lithely Goering et al, Defendants, sitting at Nurnberg, Germany, on 31 August 1946, 1000-1830, Lord Justice Lawrence, presiding.
THE PRESIDENT:The judgment of the International Military Tribunal will now be read. I shall not read the title and the formal parts.
On the 8th August 1945, the Government of the United Kingdom of J U D G E M E N T Great Britain and Northern Ireland, the Government of the United States of America, the Provisional Government of the French Republic, and the Government of the Union of Soviet Socialist Republics entered into an agreement establishing this Tribunal for the trial of War Criminals whose offences have no particular geographical location.
In accordance with Article 5, the following Governments of the United Nations have expressed their adherence to the Agreement:
Greece. Denmark, Yugoslavia the Netherlands, Czechoslovakia, Poland, Belgium, Ethiopia, Australia, Honduras, Norway, Panama, Luxemburg, Haiti, New Zealand, India, Venezuela, Uruguay, and Paraguay.
By the Charter annexed to the Agreement, the constitution, jurisdiction end functions of the Tribunal were defined.
The Tribunal was invested with power to try and punish persons who had committed crimes against peace, war crimes and crimes against humanity as defined in the Charter.
The Charter also provided that at the trial of any individual member of any group or organization the Tribunal may declare (in connection with any act of which the individual may be convicted) that the group or organization of which the individual was a member was a criminal organist ion of the Charter, an indictment was lodged against the defendants named In Berlin, on the 18th October 1945, in accordance with Article 14 in the caption above, who had been designated by the Committee of the Chief Prosecutors of the signatory Powers as major war criminals.
A copy of the indictment in the German language was served upon each defendant in custody at least thirty days before the Trial opened.
This indictment charges the defendants with crimes against peace by the planning, preparation, initiation and waging of wars of aggression, which were also wars in violation of international treaties, agreements and assurances: with war crimes: and with crimes against humanity. The defendants are also charged with participating in the formulation or execution of a common plan or conspiracy to commit all these crimes. The Tribunal was further asked by the Prosecution to declare all the named groups or organizations to be criminal within the meaning of the Charter.
The defendant Robert Ley committed suicide in prison on the 25th October 1945. On the 15th November 1945 the Tribunal decided that the defendant Gustav Krupp von Bohlen and Halbach could not then be tried because of his physical and mental condition, but that the charges against him in the indictment should be retained for trial thereafter, if the physical and mental condition of the defendant should permit. On the 17th November 1945 the Tribunal decided to try the defendant Bormann in his absence under the provisions of article 12 of the Charter. After argument, and consideration of full medical reports, and a statement from the defendant himself, the Tribunal decided on the 1st December 1945 that no grounds existed for a postponement of the trial against the defendant ion was made in the case of the defendant Stretcher.
Hess because of his mental condition. A similar decis In accordance with Articles 16 and 23 of the Charter, Counsel were either chosen by the defendants in custody themselves, or at their request were appointed by the Tribunal.
In his absence the Tribunal appointed Counsel for the defendant Bormann, and also assigned Counsel to represent the named groups or organizations.
The Trial which was conducted in four languages - English, Russian, French and German - began on the 20th November 1945, and pleas of "Not Guilty" were made by all the defendants except Bormann.
The hearing of evidence and the speeches of Counsel concluded on 31st August 1946.
403 open sessions of the Tribunal have been held. 33 witnesses gave evidence orally for the Prosecution against the individual defendants, and 61 witnesses, in addition to 19 of the defendants, gave evidence for the Defense.
A further 143 witnesses gave evidence for the Defense by means of written answers to interrogatories.
The Tribunal appointed Commissioners to hear evidence relating to the organizations, and 101 witnesses were heard for the Defense before the Commissioners, and 1,809 affidavits from other witnesses were submitted. Six reports were also submitted, summarizing the contents of a great number of further affidavits.
38,000 affidavits, signed by 155,000 people, were submitted on behalf of the Political Leaders, 156,215 on behalf of the SS, 10,000 on behalf of the SA, 7,000 on behalf 2,000 on behalf of the Gestapo.
of the SD, 3,000 on behalf of the General Staff and OKW, and The Tribunal itself heard 22 witnesses for the organizations.
The documents tendered in evidence for the prosecution of the individual defendants and the organizations numbered several thousands. A complete stenographic record of everything said in court has been made, as well as an electrical recording of all the proceeding.
Copies of all the documents put in evidence by the Prosecution have been supplied to the Defense in the German language. The applications made by the defendants for the production of witnesses and documents raised serious problems in some instances, on account of the unsettled state of the country. It was also necessary to limit the number of witnesses to be called, in order to have an expeditious hearing, in accordance with Article 18 (c) of the Charter. The Tribunal after examination, granted all those applications which in their opinion were relevant to the defense of any defendant or named group or organization, and were not cumulative. Facilities were provided for obtaining those witnesses and documents granted through the office of the General Secretary established by the Tribunal.
Much of the evidence presented to the Tribunal on behalf of the Prosecution was documentary evidence, captured by the Allied armies in German army headquarters, Government buildings, and elsewhere. Some of the documents were found in salt mines, buried in the ground, hidden behind false walls and in other places though it to be secure from discovery. The case, therefore, against the defendants rests in a large measure on documents.
except in one or two cases.
of their own making, the authenticity of which has not been challenged The Charter Provisions The individual defendants are indicted under Article 6 of the Charter, which is as follows:
"Article 6. The Tribunal established by the Agreement referred to in Article I 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 my 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:
"(b) War Crimes: namely, violations of the laws or customs of war.
Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity:
"(c) Crimes Against Humanity: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against my civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with my crime within the jurisdiction; of the Tribunal, Whether or not in violation of the domestic law of the country where perpetrated.
"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 or such plan."
These provisions are binding upon the Tribunal as the law to be applied to the case. The Tribunal will later discuss them in more facts.
For the purpose of showing the background of the detail; but, before doing so, it is necessary to review the aggressive war end war crimes charged in the indictment, the Tribunal will begin by reviewing some of the events that followed the first world war, and in particular, by tracing the growth of the Nazi Party under Hitler's leadership to a position of supreme power from which it controlled the destiny of the whole German people, and paved the way for the alleged commission of all the crimes charged against the defendants.
THE ORIGIN AND A*---* OF THE NAZI PARTY.
THE NAZI R*---* IN GERMANY On 5th January 1919, not two months after the conclusion of the Armistice which ended the First World War, and six months before the signing of the Peace Treaties at Versailles, there came into being in Germany a on all political party called the German Labor Party.
On the 12th September 1919 Adolf Hitler became a member of this party, and at the first public meeting held in Munich, on 24th February 1920, he announced the party's program. That program, Which remained unaltered until the party was dissolved in 1944, consisted of twenty-five points, of which the following five are of particular interest on account of the light they throw on the matters with which the Tribunal is concerned:
"Point 1. We demand the unification of all Germans in the Greater Germany, on the basis of the; right of self-determination of peoples.
Point 2. We demand equality of rights for the German people in respect to the other nations; abrogation of the peace treaties of Versailles and Saint Germaine.
Point 3. We demand land and territory for the sustenance of our people, and the colonization of our surplus population.
Point 4. Only a member of the race can be a citizen. A member of the race can only be one who is of German blood, without consideration of creed.
Consequently no Jew can be a member of the race . . .Point 22.
We demand abolition of the mercenary troops and form ation of a national army."