Jump to content
Harvard Law School Library
HLS
Nuremberg Trials Project
  • Trials
    • People
    • Trials
  • Documents
  • About the Project
    • Intro
    • Funding
    • Guide

Transcript for IMT: Trial of Major War Criminals

IMT  

Next pages
Downloading pages to print...

Defendants

Martin Bormann, Karl Doenitz, Hans Frank, Wilhelm Frick, Hans Fritzsche, Walther Funk, Hermann Wilhelm Goering, Rudolf Hess, Alfred Jodl, Ernst Kaltenbrunner, Wilhelm Keitel, Gustav Krupp von Bohlen und Halbach, Robert Ley, Constantin Neurath, von, Franz Papen, von, Erich Raeder, Joachim Ribbentrop, von, Alfred Rosenberg, Fritz Sauckel, Hjalmar Schacht, Baldur Schirach, von, Arthur Seyss-Inquart, Albert Speer, Julius Streicher

HLSL Seq. No. 881 - 04 December 1945 - Image [View] [Download] Page 872

Almost exactly a month after the attack on Norway, on the 10 May 1940, the German Armed Forces, repeating what had been done 25 years be fore, streamed into Belgium, the Netherlands, and Luxemburg according to plan--a plan, that is, of invading withour warning and without any declaration of war.

What was done was, of course, a breach of the Hague Convention, and is so charged.

It was a violation of the Locarno agreement of 1925, which the Nazi Government affirmed in 1935, only illegally to repudiate it a couple of years later.

By that agreement all questions incapable of settlement by ordinary diplomatic means were to be settled by arbitration.

You will see the comprehensive terms of those treaties. It was a breach of the Treaty of Arbitration and Conciliation signed between Germany and the Netherlands on 20 May 1926.

It was a breach of a similar treaty with Luxembourg on 11 September 1929.

It was a breach of the Briand-Kellogg Pact.

But those treaties had not perhaps derived in the minds of the Nazi Rulers of Germany any added sanctity from the fact that they had been solemnly concluded by the governments of pre-Nazi Germany; so let us just look at the specific assurances and undertakings which the Nazi Rulers themselves crave to these states which lay in the way of their plans against France and England and which they always intended to attack.

Not once, not twice, but eleven times the clearest assurances were given to Belgium, the Netherlands and Luxembourg.

On those assurances solemnly and formally expressed, those countries were entitled to rely and aid rely.

In respect of their breach these Defendants are charged.

On the 30th January 1937 Hitler said:

"As for the rest, I have more than once expressed the desire and the hope of entering into similar good and cordial relations with our neighbours.

Germany has, and here I repeat this solemnly, given the assurance time and time again, that, for instance, between her and France there cannot be any humanly conceivable points of con troversy.

The German Government has further given the assurance to Belgium and Holland that it is prepared to recognise and to guanantee the inviolability and neutrality of these territories."

HLSL Seq. No. 882 - 04 December 1945 - Image [View] [Download] Page 873

After Hitler had remilitarised the Rhineland and had repudiated the Locarno Pact, England and France sought to re-establish the position of security for Belgium which Hitler's action had threatened.

They, there fore, themselves gave to Belgium on the 24th April 1937, a specific guarantee that they would maintain in respect of Belgium, undertakings of assistance which they had entered into with her both under the Locarno pact and too Covenant of the League of Nations.

On the 13th October, 1938, the German Government also made a declaration assuring Belgium of its intention to recognise the inviolability and integrity of that country.

It is, perhaps, convenient to deal with the remaining assurances as we review the evidence which is available as to the preparations and intention of the German Government prior to their invasion of Belgium on the 10th May As in the case of Poland, as in the case of Nroway and Denmark, so als here the dates speak for themselves.

As early as August, 1938 steps were being made to utilise the Low Countries as defense bases for decisive action in the West in the event of France and England opposing Germany in the aggressive plan on foot against Czechoslovakia.

In an air force letter dated 25th August, 1938 which deals with the action to be taken if England and and France should interfere in the operation against Czechoslovakia, it is stated "It is not expected for the moment that other States will intervene against Germany.

The Dutch and the Belgian area assumes in this connection much more importance for the prevention of the war in Western Europe than during the world war.

This is to be mainly an advance advance base for the air war."

HLSL Seq. No. 883 - 04 December 1945 - Image [View] [Download] Page 874

In the last paragraph of that order it is stated "Belgium and the Netherlands when in German hands represent an extraordinary advantage in the prosecution of the air war against Great Britain as well as against France."

That was in August, 1938. Eight months later (on the 28th April, 1939) Hitler is declaring again "I was pleased that a number of European states availed themselves of this declaration by the German Government to express and emphasize their desire to have absolute neutrality."

A month later, on the 23rd May, 1939, Hitler held the conference in the Reich Chancellery, to which we have already referred. The Minutes of that meeting report Hitler as saying, "The Dutch and Belgian air bases must be occupied by armed force. Declarations of neutrality must be ignored. If England and France enter the war between Germany and Poland they will support Holland and Belgium in their neutrality ...... Therefore, if England intends to intervene in the Polish war, we must occupy Holland with lightning speed. We must aim at securing new defence lines on Dutch soil up to the Zuyder Zee".

Even after that he was to give his solemn declarations that he would observe the neutrality of these countries. On the 26th August, 1939 when the crisis in regard to Danzig and Poland was reaching its climax the very day he picked for the invasion of Poland declarations assuring the Governments concerned of the intention to respect their neutrality were handed by the German Ambassadors to the King of the Belgians, the Queen of the Netherlands and to the Government of the Grand Duchy of Luxembourg in the most solemn form. But to the Army, Hitler was saying "If Holland and Belgium are successfully occupied and held a successful war against England will be secured."

On the 1st September, Poland was invaded, and two days later England and France came into the War against Germany, in pursuance of the treaty obligations already referred to. On the 6 October Hitler renewed his assurances of friendship to Belgium and Holland, but on the 9 October, before any kind of accusation had been made by the German Government of breaches of neutrality, Hitler issued a directive for the conduct of the war.

HLSL Seq. No. 884 - 04 December 1945 - Image [View] [Download] Page 875

In that directive he stated:

" 1) If it becomes evident in the near future that England and France acting under her leadership, are not disposed "to end the war, I am determined to take firm and offensive action without letting much time elapse.

" 2) A long waiting period results not only in the ending of the advantage to the Western Powers, of Belgian and perhaps also of Dutch neutrality, but also strengthens the military power of our enemies to an increasing degree, causes confidence of the neutrals in German final victory to wane, and does not help to bring Italy to our aid as brothers-in-arms.

" 3) I therefore issue the following orders for the further con duct of military operations:

(a) Preparations should be made for offensive action on the Northern flank of the Western front crossing the area of Luxembourg, Belgium and Holland.

This attack must be carried out as soon and as forcefully as possible.

(b) The object of this attack is to defeat as many strong sections of the French Fighting Army as possible, and her ally and partner in the fighting, and at the same time to acquire as great an area of Holland, Belgium and Northern France as possible, to use as a base offering good prospects for waging aerial and sea warfare against England and to provide ample coverage for the vital district of the Ruhr."

Nothing could state more clearly or more definitely the object behind the invasion of these three countries than that document expresses it.

On the 15th October 1939 the Defendant Keitel wrote a most secret letter concerning Fall Gelb which was the code name for the operation against the Low Countries. In it he stated: "The protection of the Ruhr area by moving A/C reporting service and the air defence as far forward as possible in the area of Holland is significant for the whole conduct of the war.

HLSL Seq. No. 885 - 04 December 1945 - Image [View] [Download] Page 876

The more Dutch territory we occupy the more effective can the defence of the Ruhr area be made. This point of view must determine the choice of objectives of the army even if the army and navy are not directly interested in such territorial gain. It must be the object of the army's preparations, therefore, to occupy on receipt of a special order the territory of Holland in the first instance in the area of the Grebbe-Marse line. It will depend on the military and political attitude of the Dutch as well as on the effectiveness of their flooding, whether objects can and must be further extended."

The Fall Gelb operation had apparently been planned to take place at the beginning of November, 1939. We have in our possession a series of 17 letters dated from 7th November until the 9th May postponing almost from day to day the D-day of the operation, so that by the beginning of November all the major plans and preparations had been made.

On the 10th January 1940 a German aeroplane force-landed in Belgium. In it was found the remains of an operation order which the pilot attempted to burn, setting out considerable details of the Belgian landing grounds that were to be captured by the Air Force. Many other documents have been found which illustrate the planning and preparation for this invasion in the latter half of 1939 and early 1940, but they carry the matter no further, and they show no more clearly than the evidence to which I have already referred, the plans and intention of the German Governments and its armed forces.

On the 10th May 1940 at about 0500 hrs. in the morning the German invasion of Belgium, Holland and Luxembourg began.

Once more the forces of aggression marched on. Treaties, assurances, the rights of Sovereign States meant nothing. Brutal force, covered by as great an element of surprise as the Nazi's could secure, was to seize that which was deemed necessary for striking the mortal blow against England, the main Enemy. The only fault of these unhappy countries was that they stood in the path of the German invader. But that was enough in his designs against England and France, and they were invaded.

A recess was then taken at 1528 to 1545.

HLSL Seq. No. 886 - 04 December 1945 - Image [View] [Download] Page 877

On the 6th of April, 1941, German armed forces invaded Greece and Yugoslavia.

Again the blow was struck without warning and with the cowardice and deceit which the world now fully expected from the self styled "Herrenvolk."

It was a breach of the Hague Convention. It was a breach of the Pact of Paris.

It was a breach of a specific assurance given by Hitler on the 6th of October 1939.

He said this: "Immediately after the completion of the Anschluss I informed Yugoslavia that from now on the frontier with this country will also be an unalterable one and that we only desire to live in peace and friendship with her."

But the plan for aggression against Yugoslavia had, of course, been in hand well before that.

In the aggressive action eastward towards the Ukraine and the Soviet territories security of the Southern flank and the lines of communication had already been considered by the Germans.

The history of the events leading up to the invasion of Yugoslavia by Germany is well known.

At three o'clock on the morning of the 28th of October 1940 a three-hour ultimatum had been presented by the Italian Government to the Greek Government and the presentation of that ultimatum was immediately followed by the aerial bombardment of Greek provincial towns and the advance of Italian troops into Greek territory.

The Greeks were not prepared. They were at first forced to withdraw.

But later the Italian advance was first checked, then driven towards the Albanian frontier and by the end of 1940 the Italian Army had suffered severe reverses at Greek hands.

Of the German position in the matter there is, of course, the evidence of what occurred when, on the 12th of August, 1939, Hitler held his meeting with Ciano.

You will remember that Hitler said then: "Generally speaking, the best thing to happen would be for the neutrals to be liquidated one after the other.

This process could be carried out more easily if on every occasion one partner of the Axis covered the other while it was dealing with an uncertain neutral.

Italy might well regard Yugoslavia as a neutral of this kind."

HLSL Seq. No. 887 - 04 December 1945 - Image [View] [Download] Page 878

Then the conference went on and it met again on the 13th of August and, in the course of lengthy discussions, Hitler said this:

"In general, however, success by one of the Axis partners not only strategical but also psychological strengthening of the other partner and also of the whole Axis would ensue.

Italy carried through a number of successful operations in Abyssinia, Spain and Albania, and each time against the wishes of the Democratic Entente.

These individual actions have not only strengthened Italian local interests but have also reinforced her general position.

The same was the case with German action in Austria and Czechoslovakia.

The strengthening of the Axis by these individual operations was of the greatest importance for the unavoidable clash with the Western Powers."

HLSL Seq. No. 888 - 04 December 1945 - Image [View] [Download] Page 879

And so once again we see the same procedure being followed. That meeting had taken place on the 12th and he 13th of August of 1939. Less that two months later, Hitler was giving his assurance to Yugoslavia that Germany only desired to live in peace and friendship with her, with the Yugoslav State, the liquidation of which by his Axis Partner he had himself so recently suggested.

Then came the Italian ultimatum to Greece and war against Greece and the Italian reverse.

We have found amongst the captured documents an undated letter from Hitler to Mussolini which must have been written about the time of the Italian aggression against Greece.

"Permit me", Hitler said, at the beginning of this letter to assure you that within the last fourteen days my heart and my thoughts have been more than ever with you. Moreover, Duce, be assured of my determination to do everything on your behalf which might ease the present situation for you. When I asked you to receive me in Florcen, I undertook the trip in the hope of being able to express my views prior to the beginning of the threatening conflict with Greece, about which I had only received general information. First, I wanted to request you to postpone the action, if at all possible, until a more favorable time of the year, at all events until after the American Presidential Election. But in any case, however, I wanted to request you, Duce, not to undertake this action without a previous lightning-like occupation of Crete, and for this purpose, I also wanted to submit to you some practical suggestions in regard to the employment of a German parachute division and a further airborne division. Yugoslavia must become dis-interested, if possible, however, from our point of view interested in cooperating in the liquidation of the Greek question. Without assurances from Yugoslavia, it is useless to risk any successful operation in the Balkans. Unfortunately, I must stress the fact that waging a war in the Balkans before March is impossible. Hence it would also serve to make any threatening influence upon Yugoslavia of no purpose, since the Serbian General Staff is well aware of the fact that no practical action could follow such a threat before March.

HLSL Seq. No. 889 - 04 December 1945 - Image [View] [Download] Page 880

Hence, Yugoslavia must, if at all possible, be won over by other means and other ways."

On the 12th of November of 1939 in his Top Secret Order, Hitler ordered the OKH to make preparations to occupy Greece and Bulgaria, if necessary. Apparently, ten divisions were to be used in order to prevent Turkish intervention. I think I said 1939; it should, of course, have been the 12th of November 1940. And to shorten the time the German divisions in Rumania were to be increased.

On the 13th of December Hitler issued an order to OKW, OKL, and OKH, OKM, and the General Staff on the operation "Marita", as the invasion of Greece was to be called. In that order it was stated that the invasion of Greece is planned and is to commence as soon as the weather was advantageous. A further order was issued on the 11th of January of 1941.

On the 28th of January of 1941 Hitler saw Mussolini. The defendants Jodl, Keitel and Ribbentrop were present at the meeting. We know about it from Jodl's notes of what took place. We know that Hitler stated that one of the purposes of German troop concentrations in Rumania was for use in the plan "Marita" against Greece.

On the 1st of March, 1941, German troops entered Bulgaria and moved towards the Greek frontier. In the face of this threat of an attack on Greece by German as well as Italian forces, British troops were landed in Greece on the 3rd of March, in accordance with the declaration which had been given by the British Government on the 13th of April, 1939, that Britain would feel bound to give Greece and Roumania respectively all the support in her power in the event of either country becomming the victim of aggression and resisting such aggression. Already, of course, the Italian operations had made that pledge operative.

On the 25th of March of 1941, Yugolsavia, partly won over by the other means and other ways to which Hitler had referred, signed the three-power pact which had already been signed by Germany, Italy and Japan. The preamble of the Pact stated that the three powers would stand side by side and work together.

HLSL Seq. No. 890 - 04 December 1945 - Image [View] [Download] Page 881

On the same day the Defendant Ribbentrop wrote two notes to the Yugoslav Prime Minister assuring him of Germany's full intention to respect the sovereignty and independence of his country. That declaration was just another example of the treachery employed by German diplomacy. We have already seen the preparations that had been made. We have seen Hitler's attempts to tempt the Italians into an aggression against Yugoslavia.

HLSL Seq. No. 891 - 04 December 1945 - Image [View] [Download] Page 882

We have seen, in January, his own orders for preparations to invade Yugoslavia and then Greece.

And now, on the 25th of March, he is signing a pact with that country and his Foreign Minister is writing assurances of respect for her sovereignty and territorial integrity.

As a result of the signing of that pact, an anti-Nazi element in Yugoslavia immediately accomplished a coup d'etat and established a new government. And thereupon, no longer prepared to respect the territorial integrity and sovereignty of her ally, Germany immediately took the decision to invade. On the 27th of March, two days after the three-power pact had been signed, Hitler issued instructions that Yugoslavia was to be invaded and used as a base for the continuance of the combined German and Italian operation against Greece.

Following that, further deployment and instructions for the action Marita were issued by von Brauchitsch on the 30th of March, 1941.

It was stated -- and I quote -- that "the orders issued with regard to the operation against Greece remain valid so far as not affected by this order. On the 5th April, weather permitting, the Air Forces are to attack troops in Yugoslavia, while simultaneously the attack of the 12th Army begins against both Yugoslavia and Greece."

As we now know, the invasion actually commenced in the early hours of the 6th of April.

Treaties, pacts, assurances, obligations of any kind, are brushed aside and ignored wherever the aggressive interests of Germany are concerned.

I turn now to the last act of aggression in Europe -- my American colleagues will deal with the position in relation to Japan -- I turn now to the last act of aggression in Europe with which these Nazi conspirators are charged, the attack upon Russia.

In August of 1939 Germany, although undoubtedly intending to attack Russia at some convenient opportunity, concluded a treaty of non-aggression with the Union of Soviet Socialist Republics. When Belgium and the low countries were occupied and France collapsed in June of 1940, England -- although with the inestimably valuable moral and economic support of the United States of America -- was left alone in the field as the sole representative of democracy in the face of the forces ofaggression.

HLSL Seq. No. 892 - 04 December 1945 - Image [View] [Download] Page 883

At that moment only the British Empire stood between Germany and the achievement of her aim to dominate the Western World. Only the British Empire -- only England as its citadel. But it was enough. The first, and possibly the decisive, military defeat which the enemy sustained was in the campaign against England; and that defeat had a profound influence on the future course of the war.

On the 16th of July of 1940 Hitler issued to the Defendants Keitel and Jodl a directive -- which they found themselves unable to obey -- for the invasion of England. It started off -- and Englishmen will forever be proud of it -- by saying that:

"Since England, despite her militarily hopeless situation, shows no signs of willingness to come to terms, I have decided to prepare a landing operation against England and if necessary to carry it out. The aim is to eliminate the English homeland as a base for the carrying on of the war against Germany. The preparations for the entire operation must be completed by mid-August."

But the first essential condition for that plan was -- and I quote -"that the British Air Force must morally and actually be so far overcome that it does not any longer show any considerable aggressive force against the German attack."

The Defendant Goering and his Air Force, no doubt, made the most strenuous efforts to realize that condition, but, in one of the most splendid pages of our history, it was decisively defeated. And although the bombardment of England's towns and villages was continued throughout thatdark winter of 1940-41, the enemy decided in the end that England was not to be subjugated by these means, and, accordingly, Germany turned back to the East, the first major aim unachieved.

On the 22nd of June, 1941, German armed forces invaded Russia, without warning, without declaration of war.

HLSL Seq. No. 893 - 04 December 1945 - Image [View] [Download] Page 884

It was, of course, a breach of the usual series of Treaties; they meant no more in this case than they had meant in the other cases.

It Was a violation of the Pact of Paris; it was a flagrant contradiction of the treaty of non-aggression which Germany and Russia had signed on the 23rd of August a year before.

Hitler himself said, inreferring to that agreement, that agreements were only to be kept as long as they served a purpose.

The Defendant Ribbentrop was more explicit. In an interview with the Japanese Ambassador in Berlin on the 23rd of February 1941, he made it clear that the object of the agreement had merely been, so far as Germany was concerned, to avoid a two-front war.

In contrast to what Hitler and Ribbentrop and the rest of them were planning within the secret councils of Germany, we know what they were saying to the rest of the world.

On the 19th of July, Hitler spoke in the Reichstag: "In these circumstances", he said, "I considered it proper to negotiate as a first priority a sober definition of interests with Russia. It would be made clear once and for all what Germany believes she must regard as her sphere of interest to safeguard her future and, on the other hand, what Russia considers important for her existence."

HLSL Seq. No. 894 - 04 December 1945 - Image [View] [Download] Page 885

From this clear delineation of the sphere of interest there followed the new regulation of Russo-German relations.

"Any hope that now at the end of the term of the agreement a new Russo-German tension could arise is childish. Germany has taken no step which would lead her outside her sphere of interest, nor has Russia. But England's hope, to achieve an amelioration of her own position through the engineering of some new European crisis, is, in so far as it is concerned with Russo-German relations, an illusion.

"English statesmen perceive everything somewhat slowly, but they too will learn to understand this in the course of time."

The whole statement was, of course, a tissue of lies. It was not many months after it had been made that the arrangements for attacking Russia were put into hand. The Defendant Raeder gives us the probable reasons for it, in a note which he sent to Admiral Assmann:

"The fear that control of the air over the Channel in the Autumn of 1940 could no longer be attained, a realization which the Fuehrer no doubt gained earlier than the Naval War Staff, who were not so fully informed of the true results of air raids on England (our own losses), surely caused the Fuehrer, as far back as August and September"--this was August and September of 1940--"to consider whether, even prior to victory in the West, an Eastern campaign would be feasible with the object of first eliminating our last serious opponent on the Continent. The Fuehrer did not openly express this fear, however, until well into September."

He may not have spoken to the Navy of his intentions until later in September, but by the beginning of that month he had undoubtedly told the Defendant Jodl about them.

Dated the 6th of September, 1940, we have a directive of the OKW signed by the Defendant Jodl; and I quote:

"Directions are given for the occupation forces in the East to be increased in the following week.

HLSL Seq. No. 895 - 04 December 1945 - Image [View] [Download] Page 886

For security reasons this should not create the impression in Russia that Germany is preparing for an eastern offensive."

Directives are given to the German Intelligence Service pertaining to the answering of questions by the Russian Intelligence Service, and I quote:

"The total strength of the German troops in the East is to be camouflaged by frequent changes in this area. The impression is to be created that the bulk of the troops in the South have moved, whilst the occupation in the North is only very small."

And so we see the beginning of the operations.

On the 12th of November, 1940, Hitler issued a directive signed by the Defendant Jodl in which it was stated that the political task to determine the attitude of Russia had begun, but without reference to the result of preparations against the East, which had been ordered orally.

It is not to be supposed that the USSR would have taken part in any conversations at that time if it had been realized that on the very day orders were being given for preparations to be made for the invasion of Russia, the order for the operation, which was called the plan Barbarossa, was in active preparation. On the 16th of November the order was issued, and I quote:

"The German armed forces have to be ready to defeat Soviet Russia in a swift campaign before the end of the war against Great Britain."

And later, in the same instruction--and I quote again:

"All orders which shall be issued by the High Commanders in accordance with this instruction have to be clothed in such terms that they may be taken as measures of precaution in case Russia should change her present attitude towards ourselves."

Germany kept up the pretense of friendliness and, on the 10th of January 1941, well after the Plan Barbarossa for the invasion of Russia had been decided upon, Germany signed the German-Russo frontier treaty.

HLSL Seq. No. 896 - 04 December 1945 - Image [View] [Download] Page 887

Less than a month later, on the 3rd of February of 1941, Hitler held a conference, attended by the Defendants Keitel and Jodl, at which it was provided that the whole operation against Russia was to be camouflaged as if it was part of the preparation for the Seelowe, as the plan for the invasion of England was described.

By March of 1941 plans were sufficiently advanced to include provision for dividing the Russian territory into nine separate states to be administered under Reich Commissars, under the general control of the Defendant Rosenberg; and at the same time detailed plans for the economic exploitation of the country were made under the supervision of the Defendant Goering, to whom the responsibility in this matter--and it is a serious one--had been delegated by Hitler.

You will hear something of the details of these plans. I remind you of one document which has already been referred to in this connection.

It is significant that on the 2nd of May of 1941 a conference of State Secretaries took place in regard to the Plan Barbarossa, and in the course of that it was noted:

"1. The war can only be continued if all armed forces are fed out of Russia in the third year of the war.

"2. There is no doubt that as a result many millions of people will be starved to death if we take out of the country the things necessary for us".But that apparently caused no concern.

HLSL Seq. No. 897 - 04 December 1945 - Image [View] [Download] Page 888

The Plan Oldenberg, as the scheme for economic organization, went on.

By the 1st May 1941, the D-day of the operation had been fixed.

By the 1st June preparations were virtually complete and an elaborate time-table was issued.

It was estima ted that although there would be heavy frontier battles, lasting perhaps four weeks, after that no serious opposition was to be expected.

On the 22nd June, at 3.30 in the morning, the German armies marched again.

As Hitler said in his proclamation to them: "I have decided to give the fate of the German people and of the Reich and of Europe again into the hands of our soldiers."

The usual false pretexts were, of course, given. Ribbentrop stated on the 28th June that the step was taken because of the threatening of the German frontiers by the Red Army.

It was a lie, and the Defendant Ribbentrop knew it was a lie.

On the 7th June, 1941, Ribbentrop's own Ambassador in Moscow was reporting to him, and I quote, that "All obsertations show that Stalin and Molotov, who are alone responsible for Russian foreign policy, are doing everything to avoid a conflict with Germany."

The staff records which you will see make it clear that the Russians were making no military preparations and that they were continuing their deliveries under the Trade Agreement to the very last day.

The truth is, of course, that the elimination of Russia as a political opponent and the incorporation of the Soviet territory in the German Labenstraum had been one of the cardinal features of Nazi policy for a very long time, subordinated latterly for what the Defendant Jodl called diplomatic reasons.

And so, on the 22nd June, the Nazi armies were flung against the power with which Hitler had so recently sworn friendship, and Germany embarked upon that last act of aggression in Europe, which, after long and bitter fighting, was eventually to result in Germany's own collapse.

That, then, is the case against these Defendants, as amongst the rulers of Germany, under Count 2 of this Indictment.

HLSL Seq. No. 898 - 04 December 1945 - Image [View] [Download] Page 889

It may be said that many of the documents which have been referred to were in Hitler's name, and that the orders were Hitler's orders, and that these men were mere instruments of Hitler's will.

But they were the instruments without which Hitler's will could not be carried out; and they were more than that.

These men were no mere willing tools, although they would be guilty enough if that had been their role.

They are the men whose support had built Hitler up into the position of power he occupied; these are the men whose initiative and planning often conceived and certainly made possible the acts of aggression done in Hitler's name; and they are the men who enabled Hitler to build up the Army, the Navy, the Air Force, the War Economy, the political philosophy by which these treacherous attack were carried out, and by which he was able to lead his fanatical followers into peaceful countries to murder, to loot, and to destroy.

They are the men whose cooperation and support made the Nazi Government of Germany possible.

The Government of a totalitarian country may be carried on without representatives of the people, but it cannot be carried on without any assistance at all.

It is no use having a leader unless there are also people willing and ready to serve their personal greed and ambition by helping and following him.

The dictator who is set up in control of the destinies of his country does not depend upon himself alone either in acquiring newer or in maintaining it.

He depends upon the support and backing which lesser men, themselves lusting to share in dictatorial power, anxious to bask in the adulation of their leader, are prepared to give.

In the criminal courts of our countries, when men are put upon their trial for breaches of the municipal laws, it not infrequently happens that of a gang indicted together in the Dock, one has the master mind, the leading personality.

But it is no excuse for the common thief to say "I stole because I was told to steal", for the murderer to plead "I killed because I was asked to kill."

HLSL Seq. No. 899 - 04 December 1945 - Image [View] [Download] Page 890

And those men are in no different position for all that it was nations they sought to rob, and whole people which they tried to kill. "The warrant of no man excuseth the doing of an illegal act." Political loyalty, military obedience, are excellent things, but they neither require nor do they justify the commission of patently wicked acts. There comes a point whore a man must refuse to answer to his leader if he is also to answer to his conscience. Even the common soldier, serving in the ranks of his army, is not called upon to obey illegal orders. But these men were no common soldiers: they were the men whose skill and cunning, whose labor and activity, made it possible for the German Reich to tear up existing treaties, to enter into new ones and to flount them, to reduce international negotiations and diplomacy to a hollow mockery, to destroy all respect for and effect in international law, and finally, to march against the peoples of the world to secure that domination in which, as arrogant members of their self-styled master race, they professed their belief.

If these crimes were in once sense the crimes of Nazi Germany, they also are guilty as the individuals who aided, abetted, counselled, procured and made possible the commission of what was done.

The total sum of the crime these men have committed--so awful in its comprehension--has many aspects. Their lust and sadism, their deliberate slaughter and degradation of so many millions of their fellow creatures that the imagination reels, are but one side of this matter. Now that an end has been put to this nightmare, and we come to consider how the future is to be lived, perhaps their guilt as murderers and robbers is of less, importance and of less effect to future generations of mankind than their crime of fraud and deceipt--the fraud by which they placed themselves in a position to do their murder and their robbery. That is the other aspect of their guilt. The story of their "diplomacy", founded upon cunning, hypocrosy and bad faith, is a story less gruesom but no less evil and deliberate. And should it be taken as a precedent of behavior in the conduct of international relations, its consequences to mankind will no less certainly lead to the end of civilized society.

HLSL Seq. No. 900 - 04 December 1945 - Image [View] [Download] Page 891

Without trust and confidence between nations, without the faith that what is said is meant and what is undertaken will be observed, all hope of peace and security is dead. The Governments of the United Kingdom and the British Commonwealth, of the United States of America, of the Union of Soviet Socialist Republics and of France, backed by and on behalf of a very other peace-loving nation of the world, have therefore joined to bring the inventors and perpertrators of this Nazi conception of international relation before this Tribunal. They do so, so that these Defendants may be punished for their crimes. They do so, so that their conduct may be exposed in all of its naked wickedness and they do so in the hope that the conscience and good sense of all the world will see the consequences of such conduct and the end to which it must inevitably lead. Let us once again restore sanity and with it also the sanctity of our obligations towards each other.

THE PRESIDENT:Mr. Attorney, would it be convenience to the Prosecutors of Great Britain to continue?

MR. SHAWCROSS:The proposal was that my friend, Mr. Sidney Alderman, would continue with the presentation of the case with regard to the final acts of aggression against Czechoslovakia and that that being done, my British colleagues would continue. As the Tribunal will appreciate, Counts one and two are in many respects compelementary, and America and ourselves are working in closest cooperation in presenting the evidence affecting those counts.

THE PRESIDENT:Mr. Alderman, would it be convenient for you to go on until five o'clock?

MR. ALDERMAN:Yes. May it please the Tribunal, it is quite convenient for me to proceed. I can but feel that it will be quite an anti-climax after the address to which you have just listened.

When the Tribunal rose yesterday afternoon, I had just completed an outline of the plans laid by the Nazi conspirators in the weeks immediately following the Munich agreement. These plans called for what the German officials called the liquidation of the remainder of Czechoslovakia.

Harvard Law School Library Nuremberg Trials Project
The Nuremberg Trials Project is an open-access initiative to create and present digitized images or full-text versions of the Library's Nuremberg documents, descriptions of each document, and general information about the trials.
specialc@law.harvard.edu
Copyright 2020 © The President and Fellows of Harvard College. Last reviewed: March 2020.
  • About the Project
  • Trials
  • People
  • Documents
  • Advanced Search
  • Accessibility