International Military Tribunal - The Nuremberg Trials - Complete Tribunal Proceedings (V. 6)

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The Nuremberg trials were a series of military tribunals held after World War II by the Allied forces under international law and the laws of war. The trials were most notable for the prosecution of prominent members of the political, military, judicial, and economic leadership of Nazi Germany, who planned, carried out, or otherwise participated in the Holocaust and other war crimes. The trials were held in Nuremberg, Germany.
This volume contains trial proceedings from 22 January 1946 to4 February 1946.

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After the murder of Chancellor Dollfuss only 3 weeks later, on 25 July 1934, the situation was such as to call for the removal of the German Minister Rieth and for the prompt substitution of a man who was an enthusiast for the Anschluss with Germany, who could be tolerant of Nazi objectives and methods but who could lend an aura of respectability to official German representation in Vienna. This situation is described in the transcript at Pages 478 and 479 (Volume II, Pages 355, 356). Hitler’s reaction to the murder of Dollfuss was immediate. He chose his man as soon as he heard the news. The very next day, the 26th of July, he sent Von Papen a letter of appointment. This is on Page 37 of the English document book; it is document 2799-PS and it has already been judicially noticed by the Tribunal. Mr. Alderman read the letter, and I only wish to refer to the personal remarks toward the end. Hitler in this letter, after reciting his version of the Dollfuss affair and expressing his desire that Austrian-German relations should be brought again into normal and friendly channels, says in the third paragraph:

“For this reason I request you, dear Herr Von Papen, to take over this important task just because you have possessed and continue to possess my most complete and unlimited confidence ever since our collaboration in the Cabinet.”

And the last paragraph of the letter:

“Thanking you again today for all that you once have done for the co-ordination of the Government of the National Revolution and since then, together with us, for Germany . . . .”

THE PRESIDENT: This might be a good time to break off for 10 minutes.

[A recess was taken.]

MAJOR BARRINGTON: My Lord, I had just read from the letter of appointment as Minister in Vienna which Hitler sent to Von Papen on the 26th of July 1934. This letter, which, of course, was made public, naturally did not disclose the real intention of Von Papen’s appointment. The actual mission of Von Papen was frankly stated shortly after his arrival in Vienna in the course of a private conversation he had with the American Minister, Mr. Messersmith. I quote from Mr. Messersmith’s affidavit, which is Document 1760-PS, Exhibit USA-57, and it is on Page 22 of the document book, just about half way through the second paragraph. Mr. Messersmith said:

“When I did call on Von Papen in the German Legation, he greeted me with: ‘Now you are in my Legation and I can control the conversation.’ In the baldest and most cynical manner he then proceeded to tell me that all of southeastern Europe, to the borders of Turkey, was Germany’s natural hinterland and that he had been charged with the mission of facilitating German economic and political control over all this region for Germany. He blandly and directly said that getting control of Austria was to be the first step. He definitely stated that he was in Austria to undermine and weaken the Austrian Government and from Vienna to work towards the weakening of the governments in the other states to the south and southeast. He said that he intended to use his reputation as a good Catholic to gain influence with certain Austrians, such as Cardinal Innitzer, towards that end.”

Throughout the earlier period of his mission to Austria, Von Papen’s activity was characterized by the assiduous avoidance of any appearance of intervention. His true mission was re-affirmed with clarity several months after its commencement when he was instructed by Berlin that “during the next 2 years nothing can be undertaken which will give Germany external political difficulties,” and that every appearance of German intervention in Austrian affairs must be avoided; and Von Papen himself stated to Berger-Waldenegg, an Austrian Foreign Minister, “Yes, you have your French and English friends now, and you can have your independence a little longer.” All of that was told in detail by Mr. Alderman, again quoting from Mr. Messersmith’s affidavit, which is in the transcript at Pages 492 (Volume II, Page 354), 506, and 507 (Volume II, Pages 362-364).

Throughout this earlier period, the Nazi movement was gaining strength in Austria without openly admitted German intervention; and Germany needed more time to consolidate its diplomatic position. These reasons for German policy were frankly expressed by the German Foreign Minister Von Neurath in conversation with the American Ambassador to France; this was read into the transcript at Page 520 (Volume II, Page 381) by Mr. Alderman from Document L-150, Exhibit USA-65.

The Defendant Von Papen accordingly restricted his activities to the normal ambassadorial function of cultivating all respectable elements in Austria, and ingratiating himself in these circles. Despite his facade of strict nonintervention, Von Papen remained in contact with subversive elements in Austria. Thus in his report to Hitler, dated 17 May 1935, he advised concerning Austrian-Nazi strategy as proposed by Captain Leopold, leader of the illegal Austrian Nazis, the object of which was to trick Dr. Schuschnigg into establishing an Austrian coalition government with the Nazi Party. This is Document 2247-PS, Exhibit USA-64, and it is in the transcript at Pages 516 to 518 (Volume II, Pages 379, 380). It is on Page 34 of the English document book. I don’t want to read this letter again, but I would like to call the attention of the Tribunal to the first line of what appears as the second paragraph in the English text, where Von Papen, talking about this strategy of Captain Leopold, says, “I suggest that we take an active part in this game.”

I mention also in connection with the illegal organizations in Austria, Document 812-PS, Exhibit USA-61, which the Tribunal will remember was a report from Rainer to Bürckel, and which is dealt with in the transcript at Pages 498 to 505 (Volume II, Pages 367 to 376).

Eventually the agreement of 11 July 1936 between Germany and Austria was negotiated by Von Papen. This is already in evidence as Document TC-22, Exhibit GB-20. The public form of this agreement provides that while Austria in her policy should regard herself as a German state, yet Germany would recognize the full sovereignty of Austria and would not exercise direct or indirect influence on the inner political order of Austria. More interesting was the secret part of the agreement, revealed by Mr. Messersmith, which ensured the Nazis an influence in the Austrian Cabinet and participation in the political life of Austria. This has already been read into the transcript at Page 522 (Volume II, Page 383) by Mr. Alderman.

After the agreement the Defendant Von Papen continued to pursue his policy by maintaining contact with the illegal Nazis, by trying to influence appointments to strategic Cabinet positions, and by attempting to secure official recognition of Nazi front organizations. Reporting to Hitler on 1 September 1936, he summarized his program for normalizing Austrian-German relations in pursuance of the agreement of 11 July. This is Document 2246-PS, Exhibit USA-67, on Page 33 of the English document book.

The Tribunal will recall that he recommended “as a guiding principle, continued, patient, psychological manipulations with slowly intensified pressure directed at changing the regime.” Then he mentions his discussion with the illegal party and says that he is aiming at “cooperative representation of the movement in the Fatherland Front, but nevertheless is refraining from putting National Socialists in important positions for the time being.”

There is no need to go over again the events that led up to the meeting of Schuschnigg with Hitler in February 1938, which Von Papen arranged and which he attended, and to the final invasion of Austria in March 1938. It is enough if I quote from the biography again on Page 66 of the document book. It is about two-thirds of the way down the page:

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