These hopes and demands on the part of nations found their expression in a series of acts and documents which officially recognized aggression as an international crime.
On 27 August 1928, in Paris there was signed the Briand-Kellog Pact. "Persuaded", proclaimed the agreement, "that the time has come when a frank renunciation of war as an instrument of national policy should be made...... Convinced that all changes in their relations with one another should be sought only by pacific means.... The High Contracting Parties solemnly declare in the names of their respective peoples that they condemn recourse to war for the solution of international controversies, and renounce it as an instrument of national policy in their relations with one another."
In 1929, a year after the signing of the Paris Pact at the Congress of the International Association of Criminal Law at Bucharest was passed a resolution, which squarely raised the question of criminal responsibility for aggression. "Whereas war has been outlawed by the Paris Pact of 1928 and acknowledging the necessity of securing international order and harmony by means of effective sanctions...." the Congress considered imperative "the establishment of an international penal judicial system", as well as of the principle of criminal responsibility of states and single individuals for acts of aggression.
Thus, long ago was proclaimed the principle of penal responsibility for criminal aggression, the principle which found its clear legal expression in subparagraph (a) of Article 6 of the Charter of the International Military Tribunal, Consequently, the Fascist aggressors, the defendants, knew, that by their predatory attacks on other countries, they committed gravest crimes against peace.
They knew it, and they know it now, and that is reason why they attempted and are now attempting to camouflage their criminal aggression with lies about self-defense.
Furthermore, it has been repeatedly and authoritatively declared, that violations of laws and customs of war, established by international conventions, must entail criminal responsibility.
In this connection, quotes the law, it is necessary to note that the gravest outrages in violation of laws and customs of war, committed by the Hitlerites -- murder, violence, arson and plunder, are considered punishable criminal acts by all criminal codes throughout the world. Moreover, the international conventions signed especially for the purpose of establishing laws and rules of war stipulate criminal responsibility for violation of these laws and rules. Thus article 56 of the Hague Convention in 1907 declares: "The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property. All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and shall be made the subject of legal proceedings."
Thus, the Hague Convention not only forbids the violation of the rules of war, but also stipulates that these violations "should be made the subject of legal proceedings", i.e. must entail criminal responsibility.
Article 29 of the 1929 Geneva Convention states with still greater precision that "The Governments of the High Contracting Parties whose penal laws may not be adequate, shall likewise take or recommend to their legislatures the necessary measures to repress in time of war all acts in contravention of the provisions of the present convention."
Finally, the principle of criminal responsibility for all acts in violation of the laws and customs of war is expressed with the utmost precision in Article 3 of the provisions of the "Washington Conference for the Reduction of Armaments and for the Pacific and Far-Eastern Problems", which states that: "The Contracting Powers, wishing to ensure the execution of promulgated laws....
declare that any person in the service of any power who violates one of these rules, and independently of the fact whether he is subordinated to an official personality or not, will be considered a transgressor of the laws of war and will be liable to be tried by civilian or military authorities."
Consequently, according to the directives of the Hague and Geneva Conventions, and according to the provisions of the Washington Conference, the enforcing of criminal responsibility for the violation of the laws and customs of war is not only possible, but is actually compulsory.
Thus, sub-paragraph "B" of Article 6 of the Charter of the International Military Tribunal, concerning the war-crimes, defined with greater precision and generalized the principles and rules contained in the international conventions previously signed.
The defendants knew that cynical mockery at the laws and customs of war constituted a gravest crime. They knew it, but they hoped that the total war by bringing victory, would also secure their impunity. But victory did not arrive on the heels of the crimes. Instead came complete and unconditional surrender of Germany, and with it came the hour of grim reckoning for all the outrages they committed.
I myself, speaking on behalf of the Soviet Union, and my honoured colleagues the chief Prosecutors of the United States of America, Great Britain and France, we all accuse the defendants of having ruled over the entire German state and war machine through a criminal conspiracy, turning the machinery of the German State into a mechanism for the preparation and prosecution of criminal aggression, into a mechanism for the extermination of millions of innocent people.
When several criminals conspire to commit a murder, every one of them plays a definite part. One works out the plan of murder, another waits in the car, and the third actually fires at the victim. But whatever may be the part played by any individual participant, they all are murderers and any court of law in any country will reject any attempts to assert that the first two should not be considered murderers, since they themselves had not fired the bullet.
The more complicated and hazardous the conceived crime, the more complicated and less tangible the links connecting the individual participants.
When a gang of bandits commits an assault, responsibility for the raid is also shared by those members of the gang who did not actually take part in the assault. But when the size of the gang attains extraordinary proportions, when the gang happens to be at the helm of the ship of state, when the gang commits numerous and very grave international crimes, then of course, the ties and mutual relations among the members of the gang become entangled to the utmost. A highly ramified mechanism is here at work. It consisted of a whole system of links and blocks,(Zellenleiters, Blockleiters, Gauleiters, Reichsleiters etc.) extending from ministerial chairs to the hands of the executioners.
This is a consolidated and powerful mechanism, yet it is powerless to conceal the basic and decisive fact that at the core of the entire system operated a gang of conspirators who were setting in motion the whole organization which they had created.
When entire regions of flourishing countryside were turned into desert areas and the soil was drenched with the bllod of those executed, it was the work of their hands, of their organization, their instigation, their leadership. And just because the masses of the German people were made to participate in these outrages, because, prior to setting packs of dogs and executioners on millions of innocent people, the defendants for years had poisoned the conscience and the mind of an entire generation of Germans by developing in them the conceit of "the chosen", the morals of cannibals and the greed of burglars, can it be said that the guilt of the Hitlerite conspirators is any less great or grave?
Expressing the will of nations, the Charter of the International Military Tribunal has settled this question: "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 person in execution of such plan." (Art.6, Charter).
Ideological Preparation for Aggressive Wars For the purpose of successful execution of their criminal plans these conspirators, Goering, Hess, Rosenberg, Fritsche, Schirach and the other defendants developed a fiendish"theory of the superior or master race."
By means of this so-called theory they had in mind to justify the claims of German Fascism for the domination of other nations which were declared by their theory to be nations of inferior race.
It followed from this theory that Germans, since they belonged to the "master race", have the "right" to build their own welfare on the bones of other races and nations. This "Theory" proclaimed that German Fascist usurpers are not bound by any laws or commonly accepted rules of human morality. The "master race" is permitted to do anything. No matter how revolting and shameless, cruel and monstrous were the actions of those individuals they were based on the "idea" of the superiority of this race.
Said Hitler; "We want to make a selection for a class of new masters who will be deprived of moral pity, a class which will realize that because of its better race it has the right to dominate others, a class that will be able to establish and maintain without hesitation its domination over the masses."
This German Fascist racial theory had at the same time to serve as a "scientific" basis for the preparation by the Hitlerites of an attack against democratic nations, as a justification for aggressive wars for which the Hitlerites made feverish preparation during the whole time of their domination of Germany. In such manner, the function of racism was to justify the conspiracy to fulfil the predatory aims of the German imperialistic clique.
By order of the German fascist authorities, the "racial doctrine" was introduced into the educational plans as a most important and obligatory subject.
In the hands of German fascism, the schools and universities became dangerous centres of the intellectual and moral mutilation of the people and, as such, the greatest menace to civili zation. All branches of science were militarized. All aspects of art were subjected to the aims of aggression.
"We approach science unbiased by knowledge and scholarly education", declared the fascist revue "POLITISCHE WISSENSCHAFT" (No.3 for 1934). One reads further: "The student must come to college with the demand that science be as soldierly as his own bearing, and that the professor possess the qualities of a leader and soldierly attitude".
"Give us arms again", said Hitler, "For this, to be sure, from the child's primer down to the last newspaper, every theatre and every movie house, every advertising pillar and every billboard, must be pressed into the service of this one great mission....."
Geography became the instrument for propagating the "Pre-eminent importance of the Germans in the world", of their "Right to dominate" other peoples. A feeling of racial superiority, arrogance, hatred, contempt and cruelty towards other peoples was cultivated in the young.
These are the words of a German fascist song;
"If all the world lies in ruins," "What the devil do we care" "We still will go marching on" "For to-day Germany belongs to us" "And to-morrow the whole world."
The German fascist ideology set loose wildest and basest instincts. They made into a principle arbitrary actions, violence and debasement of people. They declared dangerous for the "Master Races" the ideas of freedom, the ideas of enlightenment and demands of humanity.
Said Hitler:- "I am freeing men from the restraints of an intelligence that has taken charge; from the dirty and degrading self-mortifications of a chimera called conscience and morality, and from the demands of a freedom and personal independence which only a very few can bear."
In the spirit of such principles the whole German fascist system of education was built up with a view to adapting and preparing them to unqualifie obedience to all predatory plans and aims put before Germany by the fascist leaders of Germany. As a result of fascist propaganda and the whole system of measures cultivated by the German State, the German mind was systematically poisoned by the fumes of chauvinism and hatred for mankind. The aggressive plans of German Fascism ripened with every year of their political power until they were brought to their fruition: - war. This war was projected, planned and begun by Fascist Germany and her satellites as a "lightning war" (blitzkrieg).
The criminal conspiracy aimed at the establishment of a predatory, "new order" in Europe. This "new order" was a regime of terror, by which, in the countries seized by the Hitlerites, all democratic institutions were abolished and civil rights of the population were abrogated and those countries themselves were plundered and rapaciously exploited. The population of these countries, and of Slav countries first of all, was subjected to merciless persecutions and mass extermination. Russians, Ukrainians, Belorussians, Poles, Czechs, Serbians, Slovenes suffered more than others.
The conspirators failed to achieve their objectives. The valiant struggle of the peoples of democratic countries, led by the coalition of the three Great Powers - Soviet Union, The United States of America, and Great Britain - resulted in liberation of the European countries from the Hitlerite yoke. The victory of the Soviet and of the allied armies destroyed the criminal plans of Hitlerite conspirators, and liberated the peoples of Europe from the terrible threat of Hitlerite domination.
We, the prosecutors, are obligated by law and by duty before the peoples of the democratic countries and the whole humanity to formulate and present to the International Military Tribunal evidence that proves the guilt of the defendants in committing the most grave crimes.
Permit me to perform my duty in conjunction with my colleagues, by presenting to the International Military Tribunal the evidence which, together with the materials already presented by the prosecution on behalf of the United States of America, Great Britain, and France will give a complete and exhaustive body of proof in this case.
Organization and execution of aggression against Czechoslovakia, Poland, and Yugoslavia.
The defendants Goering, Hess, Ribbentrop, Keitel, Raeder, Rosenberg, Kaltenbrunner, Frank, Frick, Doenitz, Fritzsche and others, are charged with the organization of a conspiracy to establish by force and to set up the fascist regime in all European countries, and later, throughout the world.
The core of this plan was the organization of aggressive wars and the rearrangement of the map of the whole world by use of force. In execution of this plan for aggression, the criminal Hitlerite government and the German General Staff prepared and executed the seizure of Austria, Czechoslovakia, Norway, Denmark, Belgium, Holland, France, Poland, Greece and Yugoslavia. They also prepared and undertook a predatory military campaign against the Soviet Union.
My colleagues of the American, British and French prosecution have already submitted to the Tribunal, weighty and irrefutable evidence which establishes the fact of German aggression against their own countries, as well as against Belgium, Holland, Greece and a number of other States which had become victims of the predatory Hitlerite imperialism.
May it please your Honors, I will now produce proofs of the monstrous crimes of the defendants in the preparation and initiation of aggressive wars against freedom-loving peoples.
1. The Attack on Czechoslovakia The document submitted in this case and known as "directive Gruen" contains a plan for an attack on the Czechoslovakian Republic.
This directive, signed by Hitler, was distributed, together with a covering note, bearing the signatures of Keitel. The directive begins with "political prerequisites", which read precisely as follows:
"My unshaken decision is that Czechoslovakia should be smashed in the nearest future by means of a single military operation.
To abide the time, and to create a suitable political and military situation - this is the task of political leadership. The inevitable development of conditions within Czechoslovakia or other political events in Europe, which might never again bring about a similar situation, may force my hand even before the designated date. The proper choice and the resolute exploitation of the opportune moment are the surest guaranties of success. Accordingly, all preparations should be made immediately."
Turning to the exposition of the political possibilities and prerequisites regarding the initiation of the attack, Hitler, cynically disclosed these prerequisites:
a) A suitable military pretext and in this connection
b) a satisfactory political justification,
c) a surprise action which should take the enemy, as far as possible, unawares.
It was Hitler's idea that the most propitious moment, both from the military and political point of view, would be a lightning, secretly prepared German attack under the pretext of some incident, which could morally justify the use of military force, at least in the eyes of a certain portion of the public opinion of the world.
The directive envisaged the actual preparation for an attack on Czechoslovakia to be executed by all the branches of the armed forces.
Thus the directive "Gruen" which bears as early a date as May 1938, clearly and definitely testifies to the fact of a carefully planned preparation for the seizure of Czechoslovakia.
The Soviet prosecution will submit documents taken from the files of German Ministry of Foreign Affairs, which reveal the criminal methods used by the Hitlerites in preparing for the seizure of Czechoslovakia.
You, your Honours, as well as the entire world, know how methodically and ruthlessly this criminal scheme was executed by the predatory Hitlerite Imperialism.
Having set up in occupied Czechoslovakia an insufferable regime of terrorism, the Hitlerites have deported to German slavery many thousands of Czechoslovak citizens, showing no mercy even to children who were sent to industrial plants, farms and mines.
The youth of Czechoslovakia was deprived of opportunities for education. When in 1942 a Czech delegation appealed to Frank for permission to reopen Czechoslovak educational institutions, he cynically replied: "Should the war be won by England, you will reopen your schools yourselves; should Germany win, then five-grade elementary schools will be enough for you."
Everyone remembers the sanguinary outrages of the Hitlerite hangmen, committed against the Czechoslovak population.
One of the numerous cases of such monstrous outrages against the peaceful population was made public in the German newspaper, "Der Neue Tag" of June 11, 1942.
"In the course of the search for the murderer of Obergruppen fuehrer of the SS, it has been incontestably proved that the inhabitants of the village of Lidice, near Kladno, were aiding and abetting the perpetrators of the crime.
This has been proven in spite of the fact that the population denies any such assistance.
The attitude of the population in regard to such crimes is also evidenced by other hostile acts against the Reich.
There were discovered, for instance, subversive literature, stores of arms and ammunition, as well as the existence of a radio transmitter and a large quantity of rationed goods held in unlawful possession.
The entire adult male population was executed by firing squads.
Women were deported to concentration camps and children were sent to proper places for their further upbringing.
All buildings in this village were levelled to the ground and the name of the village was done away with."
The Prosecution has at its disposal official data collected by the Czechoslovakian Government on the shocking crimes which were perpetrated by the Hitlerite invaders on the territory of Czechoslovakia.
In the report of the Czechoslovak Government, which to a large extent is devoted to the description of the regime established by the Hitlerites in Czechoslovakia during the occupation, are cited numerous cases of terrorism:
shooting of hostages, mass deportations to concentration camps, murder of women and children.
That is how directive "Gruen" worked.
2. Attack on Poland.
On 1 September, 1939, the Nazi aggressors invaded the Polish territory, in treacherous violation of existing treaties.
The Polish people were subjected to mass extermination, and their cities and villages were pitilessly destroyed.
Official documents, exposing this aggression have already been presented to the Tribunal by my colleagues.
Among such documents we must mention in the first place a top-secret report on a conference, presided over by Hitler, which took place on 23 May, 1939, and at which, besides Hitler and other persons, the Defendants Goering, Raeder and Keitel were present.
At this conference Hitler made a lengthy statement concerning the "present situation and the political aims."
Hitler said:
"The Pole is not an unexpected enemy. Poland will always be on the side of our opponents.
The matter does not concern only Danzig.
It is the question of 'Lebensraum' (living space) in the East and the safeguarding of our food supplies, and the solution of the Baltic problem.
"Thus," said Hitler, "sparing Poland is out of question, and it remains for us to attack her at the first opportunity.
We cannot expect the repetition of what we achieved in the case of Czechoslovakia.
This time it means war."
Hitler then said, "The important fact in the conflict with Poland, which will begin with an attack on Poland, is that it can only be successful for us if the West does not participate.
If this should be impossible, it would be better to attack the Western powers and at the same time destroy Poland."
The second part of Hitler's statement was especially devoted to a number of questions of military strategy, connected with his decision to attack Poland.
This is how the gangster assault of Hitler's Germany on Poland was prepared in advance.
It was put into execution in September 1939.
We shall present to the Tribunal documentary evidence of monstrous crimes committed by the Hitlerites in Poland.
3. Attack on Yugoslavia.
Yugoslavia was one of the other Slav states which was the subject of a sudden attack on the part of the Hitlerite Germany.
It is well known that, on numerous occasions, Hitler's Government had given false assurances to the effect that Germany had no aggressive intentions towards Yugoslavia.
Thus, on 28 April, 1939, Hitler, in his speech to the Reichstag, stated that Germany was ready to give assurances to a number of states, and, in particular, to Yugoslavia, that Germany wished to maintain with them relations of mutual understanding, as she was bound to them by alliances and by "close ties of friendship."
Even prior to this, on 28 April, 1938, the Berlin news agency (DNB) had announced, "Confidential representatives have informed the Yugoslav Government on Germany's behalf that Germany's intentions do not extend beyond Austria, and that the Yugoslav frontier will remain inviolate."
In spite of these repeated and categorical declarations, Hitler's armies invaded Yugoslavia on 6 April, 1941 and occupied this country.
This attack was unexpected only by the victims, for the Nazi clique had carefully planned this assault in advance as it had done in the above-mentioned cases.
In a top-secret directive issued from his headquarters on the 29 March, 1941, and intended for Higher Commanding Officers of the German Army only, the Fuehrer said:
"My intention is to invade Yugoslavia by powerful thrusts from the area of Fiume-Graz and Sophia in the general direction of Belgrade and further to the south, with the objective of inflicting on the Yugoslav army a decisive defeat as well as to cut off the southern part of Yugoslavia from the rest of the country and to turn it into a base for further operations of the German-Italian forces against Greece.
By promising the return of Macedonia and Bauat, attempts will be made to bring about the participation of Bulgaria and Hungary in the operations.
"The internal crisis in Yugoslavia will be aggravated by political guarantees promised to the Croats."
Further on the directive lays down a detailed strategic plan for the invasion of Yugoslavia and provides for actual participation in this aggression of German armed forces, including the 10th Air Corps, which had to be transferred from Italy in order to take part in these operations.
Consequently, on the basis of the evidence supplied by original documents of the Hitlerite Government and High Command of German Armed Forces, we can establish that all attacks by Hitlerite Germany on Slav states were based on a plan prepared in advance, a plan which was only a part of a common criminal conspirary of the predatory German imperialism against freedom-loving nations.
Yugoslavia as well as Poland became a victim of the German Fascist aggressors who covere this flourishing country with ruins and its fields, gardens and ploughed land with corpses of many thousands of Yugoslav patriots,who fell in the heroic struggle against the foreign invaders and enslavers, in the struggle for the freedom and independence of their native land.
THE PRESIDENT:Would that be a convenient time to break off for 10 minutes?
(A recess was taken from 11.15 to 11.30 hours.)
GENERAL RUDENKO: May it please the Tribunal, I will now describe thecrimes committed by the Hitlerite aggressors against my own country, against the Union of Soviet Socialisst Republics.
On June 22, 1941, USSR was perfidiously attacked by Hitlerite Germany. However, it is not this date, that should be considered as the actual beginning of the execution of Hitlerite Germany's plan of aggression against the Soviet Union. What took place on June 22, 1941 was conceived, prepared and planned long before that.
The Hitlerite conspirators pursued these preparations continuously. All Germany's aggressive action against a number of European states, during the period between 1938 and 1941, were, actually, only preliminary measures for the main blow in the East.
For fascist Germany had conceived the criminal design of seizing the territory of the Soviet Union in order to plunder and to exploit the peoples of the USSR.
We need not seek confirmation thereof in Hitler's "Mein Kampf" or in the writings of the Hitlerite ring-leaders, which, as is known, contained together with a direct menace to the USSR, indications that the aggression of German imperialism must be directed towards the East, in order to conquer the so-called "living space". This tendency of predatory German imperialism is expressed in the well-known formula: "Drang nach Osten."
I revert, for evidence, to the official documents of the Hitlerite government, which fully disclose the defendant's guilt in committing the criminal actions with which they are charged under the present Indictment.
I beg to be allowed to refer, in the first case, to the document entitled "Report concerning the conference of May 23rd 1939". As can be seen from this document, this conference took place in Hitler's study, at the new Reich Chancellery, and the minutes were taken down by Lieut. Col. Schmundt, of the German General Staff. There were present at this conference Hitler, Goering, Raeder, Brauchitsh, Keitel, Colonel-General Milch, General-of-the-Artillery Halder and other representatives of the German High Command. The report states that the subject of the conference was "Instructions concerning the present situation and the objects of our policy." Speaking at this conference, Hitler frequently broached the subject of the seizure of territory in the East.
He declared:
"......if fate forces us into a conflict with the West, it would be desirable that we by that tame possess more extensive space in the East." And further:
"Our problem is to extend our living space in the East, secure our food supplies and solve the Baltic problem. As regards food supplies, we can only rely upon the thinly populated areas. The thoroughness of German agriculture, together with the fertility of our sail, will show itself favorably in the manifold increase of food production."
In another document known as the "Minutes of the Fuehrer's conference with the Commander in Chief on November 23, 1939", Hitler stressed the necessity of solving the problem of the struggle for oil, rubber and useful minerals, And at that conference, Hitler formulated the main tasks as follows:
"....adapt the living space to the density of the population...".
"This is the eternal problem, to establish the necessary balance between the number of Germans and their territory, and to secure the necessary living space. Conceited modesty can be of no avail here. The problem can be solved only by the sword."
At this conference, Hitler with complete frankness disclosed his plans concerning the drive to the East, Boasting his successful seizures of Moravia, Bohemia and Poland he no longer kept secret his intentions of pursuing his aggression eastwards.
"I did not resurrect the armed forces", said Hitler, "For the purpose of keeping them inactive. The determination to act has always been alive in me. Sooner or later I always wanted to solve this problem."
Moreover, the Nazi government felt itself in no way restrained by the existence of a non-aggression pact, signed between Germany and the USSR, on August 23, 1939. However, Hitler's cynical declaration that treaties need only be respected as long as they serve immediate purposes, is now universally known.
My American colleague has already quoted in his address the speech made by the Defendant Jodl at the conference held by the Reich Gauleiters in Munich in January 1943.
In his speech, the Defendant Jodl said ...
"Hitler informed me, while we were still fighting in the West, of his plans of beginning a war against the USSR". In his turn, the Defendant Raeder at his preliminary examination, testified that the idea of a military campaign against the USSR had been in Hitler's mind long ago and it grew ever stronger with the decrease of the probability of an invasion of England in June 1940.
According to the Defendant Keitel's statement, Hitler prepared an attack against the USSR at the end of 1940. Already in the spring of 1940, a plan of assault had been worked out. Conferences on this subject had been held through the summer. In 1940, at a military conference in Reichenhall, the plan of attack on the USSR was examined. This is confirmed also by the statement of the Defendant Jodl, who at his preliminary examination, testified that the plans of attack on the USSR were actually worked out in the months of November - December 1940, and that during that period the first directives were given to the Army, to the Navy and to the Air Force. Speaking of these directives, Jodl refers to a document known as the "Case Barbarossa", This document is signed by Hitler, Jodl and Keitel.
This directive intended only for the High Command of the German Army, contained an elaborate and detailed plan for a sudden attack on the USSR.
I quote:
"The German Armed Forces must be prepared to crush Soviet Russia in a quick campaign before the end of the war against England."
"For this purpose the Army will have to employ all available units with the reservation that the occupied territories will have to be safeguarded againstany surprises."
Directive "Case Barbarossa" emphasizes that "Great caution has to be exercised that the intention of an attack will not be recognized."
The Directive further states, that if occasion arises, the order for attack against the Soviet Russia will be given, eight weeks in advance of the intended beginning of operations, and that "preparations requiring more time to start are - if this has not yet been done to begin presently and are to be completed by 15 May 1941."
And, finally, the same directive contains a detailed strategic plan of an attack on the USSR, which plan already contemplated the actual form of participation on the part of Rumania and Finalnd in this agression. In particular, the directive says bluntly:
"Probable Allies and their tasks 1. At the flanks of our operations the active participation in the war against Soviet Russia, of Rumania and Finland may be counted upon."
The directive also states that "the opportunity to make use of Swedish railroads and highways will become available for the deployment of the German Group North, from the start of actual operations, may be relied upon."
Thus, it is incontestable that at this time the Hitlerite Government had already secured the assent: of the Rumanian and Finnish Governments for the participation of these countries, together with Germany, in the aggression against the USSR.
This is apparent not only from the text of the directive, "Case Barbarossa", but also from other facts at our disposal. For example in a statement by the German General of the Infantry, Buschenhagen which we shall present to the Tribunal, the following appears:
"At the end of December 1940 (approximately on the 20th), I as the Chief of Staff of the German Forces in Norway with the rank of Colonel, was invited to take part in a conference of the Chiefs of Staffs of the Armies at the OKH, (High Command of the Army) at Zossen (near Berlin) which lasted several days. At this meeting the Chief of the General Staff, Col. Gen. Halder expounded the plan "Barbarossa", which envisaged the attack onthe Soviet Union. During that very time, the Chief of the General Staff of the Finnish Army, General Heinriks was present at Zossen where he was conferring with Col. Gen. Halder ....".
Buschenhagen further tells us how, in February 1941, he left for Helsinki, where together with the representatives ofthe Finnish Army, he worked but a definite plan for the attack on the USSR. On 2 or 3 March 1941, upon his return to Oslo, he compiled and submitted to the OKW a report on his mission.
'On the basis of these documents - states Buschenhagen - the operational plan "Blue Fox" was drawn up, envisaging an attack on the Murmansk railroad from the area of Kuusamo, Rovaniemi and Petsamo.
The plan of operations in the area of Kirkiness-Petsamo was called "Reindeer", that in the area of Rovaniemi "Silver Fox".
Further, as narrated by Buschenhagen, towards the end of April or the beginning of May 1941, he flew again to Helsinki where, "at the Finnish General Staff, negotiations took place with the Generals Heinrichs, Airo and Colonel Tapola, in the course of which we have ascertained that the Finnish General Staff was fully prepared to participate in the coming war against the Soviet Union."
In his personal written testimony given to the investigating authorities of the Soviet Union, which will be presented to the Tribunal, Marshal Jon Antonescu gives an account of his meetings with Hitler in November 1940, January 1941 and May 1941, at which the problems connected with the preparation of war against the Soviet Union were discussed.
During the first conference between Antonescu and Hitler, in which Ribbentrop and Hitler's personal interpreter, Schmidt took part, problems directly concerning the preparation of the German aggression against the USSR, and the Rumanian participation therein, were discussed.
In reply to the question put by the Soviet investigating authorities to Antonescu, whether his first conference with Hitler should be considered as his initial step towards an understanding with the Germans for the preparation of aggressive war against the Soviet Union, he stated:
"I reply in the affirmative. Hitler undoubtedly had this in mind when working out the plans for attacking the Soviet Union."
At the second meeting between Antonescu and Hitler, which took place in January 1941, the Defendants Ribbentrop, Keitel and Jodl, were present. Hitler requested Antonescu to permit the German armies concentrated on Hungarian territory, to pass through Rumania in order to enable then to assist the Italians in war against Greece.
Antonescu testifies: "I expressed my apprehension that the movement of German troops through Rumania might serve as a pretext for military action of the Soviet Union against Rumania, thus placing Rumania in a very difficult position as the Rumanian army was not mobilized: to this Hitler replied that he will give an order for part of the German troops intended for operations against Greece to remain in Rumania.
"Hitler also emphasized that according to the information at his disposal, the Soviet Union has no intention to fight either against Germany or Rumania.
" "Being satisfied with this statement of Hitler I have agreed to allow the German troops to pass through Rumanian territory."
"Lt. Colonel Jodl who was present at this conference described to me the strategic situation of the German Army emphasizing the necessity of an attack on Greece through Bulgaria."
Speaking of the third meeting with Hitler in May 1941 in the city of Munich, at which the defendant Ribbentrop was present, Antonescu declared:
"At this meeting .... we had already definitely agreed upon our joint assault on the Soviet Union.
"Hitler stated that he had decided to attack the Soviet Union. 'Having prepared this attack,' said Hitler, 'we must launch it unexpectedly along the entire frontier of the Soviet Union from the Black Sea to the Baltics.'
"'The suddenness of this military attack,' continued Hitler, 'will enable Germany and Rumania to overcome in a very short time one of our most dangerous opponents.'
"In connection with his war plans, Hitler asked me to place at his disposal Rumanian territory for the concentration of German troops and in conjunction with this to take a direct part in carrying out the attack on the Soviet Union."
By entering the conspiracy on the side of Germany and preparing to attack the Soviet Union, Roumania in her turn pursued aggressive aims.
Antonescu in the same statements spoke of Hitler's promises as follows:
"Hitler emphasized that Rumania should not remain out of this war, as in order to get back Bessarabia and northern Bukovine, she had no ether way but to fight on the side of Germany. He added to this that in return for our help in the war, Rumania could occupy and administer other Soviet territories up to the Dnieper."
Antonescu further testified:
"As Hitler's proposal to start jointly the war against USSR was in line with my aggressive intentions, I declared my readiness to participate in the assault on the Soviet Union, and undertook to prepare the required number of Rumanian troops and at the same time to increase the deliveries of oil and farm produce for the needs of Germany."