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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“The new regulations were stipulated in the Reich Defense Law of 21 May 1935, supposed to be promulgated only in case of war but already declared valid for carrying out war preparations. As this law . . . fixed the duties of the Armed Forces and the other Reich authorities in case of war, it was also the fundamental ruling for the development and activity of the war economy organization.”

The third point is the introduction of compulsory military service. On the 16th of March 1935 this defendant signed the law for the organization of the Armed Forces which provided for universal military service and anticipated a vastly expanded German army. This was described by the Defendant Keitel as the real start of the large scale rearmament program which followed. I will give the official reference in the Reichsgesetzblatt, year 1935, Volume I, Part 1, Page 369; and the references in the transcript are 411 (Volume II, Page 305), 454, and 455 (Volume II, Page 340).

The fourth point was the remilitarization of the Rhineland. The Rhineland was reoccupied on the 7th of March 1936. I remind the Tribunal of the two complementary documents: 2289-PS, Exhibit USA-56, the announcement of this action by Hitler; and C-139, Exhibit USA-53, which is the “Operation Schulung,” giving the military action which was to be given if necessary. Again the reference to the transcript is Page 458 to Page 464 (Volume II, Pages 342 to 347). These were the acts for which the defendant shared responsibility because of his position and because of the steps which he took; but a little later he summed up his views on the actions detailed above in a speech before Germans abroad made on the 29th of August 1937, of which I ask the Tribunal to take judicial notice, as it appears in Das Archiv, 1937, at Page 650. But I quote a short portion of it that appears on Page 72 of the document book:

“The unity of the racial and national will created through Nazism with unprecedented elan has made possible a foreign policy by which the fetters of the Versailles Treaty were forced, the freedom to arm regained, and the sovereignty of the whole nation re-established. We have really again become master in our own house and we have created the means of power to remain henceforth that way for all times. . . . The world should have seen from . . . Hitler’s deeds and words that his aims are not aggressive.”

The world, of course, had not the advantage of seeing these various complementary documents of military preparation which I have had the opportunity of putting before the Tribunal.

The next section—and the next point against this defendant—is that both as Minister of Foreign Affairs and as one of the inner circle of the Führer’s advisers on foreign political matters, this defendant participated in the political planning and preparation for acts of aggression against Austria, Czechoslovakia, and other nations.

If I might first put the defendant’s policy in a sentence, I would say that it can be summarized as breaking one treaty only at a time. He himself put it—if I may say so—slightly more pompously but to the same effect in a speech before the Academy of German Law on the 30th of October 1937, which appears in Das Archiv, October 1937, Page 921, and which the Tribunal will find in the document book on Page 73. The underlining (italics) is mine:

“In recognition of these elementary facts the Reich Cabinet has always interceded in favor of treating every concrete international problem within the scope of methods especially suited to it; not to complicate it unnecessarily by involvement with other problems; and, as long as problems between only two powers are concerned, to choose the direct way for an immediate understanding between these two powers. We are in a position to state that this method has fully proved itself good not only in the German interest, but also in the general interest.”

The only country whose interests are not mentioned are the other parties to the various treaties that were dealt with in that way; and the working out of that policy can readily be shown by looking at the tabulated form of the actions of this defendant when he was Foreign Minister or during the term of his immediate successor when the defendant still was purported to have influence.

In 1935 the action was directed against the Western Powers. That action was the rearmament of Germany. When that was going on another country had to be reassured. At that time it was Austria, with the support of Italy—which Austria still had up to 1935. And so you get the fraudulent assurance, the essence of the technique, in that case given by Hitler, on the 21st of May 1935. And that is shown clearly to be false, by the documents which Mr. Alderman put in—I give the general reference to the transcript on Pages 534 to 545 (Volume II, Pages 388 to 398). Then, in 1936, you still have the action necessary against the Western Powers in the occupation of the Rhineland. You still have a fraudulent assurance to Austria in the treaty of the 11th of July of that year; and that is shown to be fraudulent by the letters from the Defendant Von Papen, Exhibits USA-64 (Document 2247-PS) and 67 (Document 2246-PS), to one of which my friend Major Barrington has just referred.

Then in 1937 and 1938 you move on a step and the action is directed against Austria. We know what that action was. It was absorption, planned, at any rate finally, at the meeting on the 5th of November 1937; and action taken on the 11th of March 1938.

Reassurance had to be given to the Western Powers, so you have the assurance to Belgium on the 13th of October 1937, which was dealt with by my friend Mr. Roberts. The Tribunal will find the references in Pages 1100 to 1126 (Volume III, Pages 289 to 307) of the transcript.

We move forward a year and the object of the aggressive action becomes Czechoslovakia. Or I should say we move forward 6 months to a year. There you have the Sudetenland obtained in September; the absorption of the whole of Bohemia and Moravia on the 15th of March 1939.

Then it was necessary to reassure Poland; so an assurance to Poland is given by Hitler on the 20th of February 1938, and repeated up to the 26th of September 1938. The falsity of that assurance was shown over and over again in Colonel Griffith-Jones’ speech on Poland, which the Tribunal will find in the transcript at Pages 966 to 1060 (Volume II, Pages 195 to 261).

Then finally, when they want the action as directed against Poland in the next year for its conquest, assurance must be given to Russia, and so a non-aggression pact is entered into on the 23rd of August 1939, as shown by Mr. Alderman, at Pages 1160 to 1216 (Volume III, Pages 328 to 366).

With regard to that tabular presentation, one might say, in the Latin tag, res ipsa oquitur. But quite a frank statement from this defendant with regard to the earlier part of that can be found in the account of his conversation with the United States Ambassador, Mr. Bullitt, on the 18th of May 1936, which is on Page 74 of the document book, Document L-150, Exhibit USA-65; and if I might read the first paragraph after the introduction which says that he called on this defendant, Mr. Bullitt remarks:

“Von Neurath said that it was the policy of the German Government to do nothing active in foreign affairs until ‘the Rhineland had been digested.’ He explained that he meant that, until the German fortifications had been constructed on the French and Belgian frontiers, the German Government would do everything possible to prevent rather than encourage an outbreak by the Nazis in Austria and would pursue a quiet line with regard to Czechoslovakia. ‘As soon as our fortifications are constructed and the countries of Central Europe realize that France cannot enter German territory at will, all those countries will begin to feel very differently about their foreign policies and a new constellation will develop,’ he said.”

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