International Military Tribunal - The Nuremberg Trials - Complete Tribunal Proceedings (V. 3)

Under the heading, “Attitude of the International Law Group”:

“According to Article 1 of the Fifth Hague Convention of 18 October 1907, the territory of neutral powers is not to be violated. A deliberate violation by flying over this territory is a breach of international law if the neutral powers have declared an air barrier for combat aircraft. If German planes fly over Polish territory this constitutes a violation of international law, provided that this action is not expressly permitted.”

Now, under the heading, “Justification by the Laws of War,” is this:

“An attempt at denials should first be made; if this is unsuccessful a request for pardon should be made (on the grounds of miscalculation of position) to the Polish Government and compensation for damage guaranteed.”

I had referred to an order issued by Hitler on 10 September 1938 from Nuremberg, bringing the German Labor Service under the OKW. This top-secret order, of which 25 copies were made, is Item 20 in the Schmundt file, Page 44. I will read that order:

“1. The whole RAD organization comes under the command of the Supreme Command of the Army effective 15 September.

“2. The Chief of OKW decides on the first commitments of this organization in conjunction with the Reich Labor Leader (Reichsarbeitsführer) and on assignments from time to time to the Supreme Commands of the Navy, Army, and Air Force. Where questions arise with regard to competency he will make a final decision in accordance with my instructions.

“3. For the time being this order is to be made known only to the departments and personnel immediately concerned.

“Signed, Adolf Hitler.”

Four days later, on 14 September, Defendant Keitel issued detailed instructions for the employment of specific RAD units. This order is Item 21 in the Schmundt file, at Page 45 in the English translation. I do not think I need read the order.

There is another order issued by the Defendant Jodl on 16 September, Item 24, at Page 48 in the Schmundt file. I think I need only read the heading or title of that:

“Subject: Employment of Reich Labor Service for maneuvers with Wehrmacht. Effective 15 September the following units will be trained militarily under direction of the Commander-in-Chief of the Army.”

Two further entries in the Defendant Jodl’s diary give further indications of the problems of the OKW in this period of mid-September, just 2 weeks before the anticipated X-Day.

I now read the answers for the 15th and 16th September, at Pages 5 and 6 of the English translation of the Jodl diary.

“15 September: In the morning, conference with Chief of Army High Command and Chief of General Staffs of Army and Air Force, the question was discussed as to what could be done if the Führer insists on advancement of the date, due to the rapid development of the situation.

“16 September: General Keitel returns from the Berghof at 1700 hours. He graphically describes the results of the conference between Chamberlain and the Führer. The next conference will take place on the 20th or 21st in Godesberg.

“With consent of the Führer, the order is given in the evening by the Armed Forces High Command, to the Army High Command, and to the Ministry of Finance, to line up the v.G.a.D. along the Czech border.”—That I understand to have reference to the reinforced border guard.

“In the same way, an order is issued to the railways to have empty rolling stock kept in readiness, clandestinely; for the strategic concentrations of the Army, so that it can be transported starting 28 September.”

The order to the railroads to make rolling stock available, to which General Jodl referred, appears as Item 22, at Page 47 of the Schmundt file. In this order the Defendant Keitel told the railroads to be ready by 28 September but to continue work on the Western fortifications even after 20 September in the interest of camouflage. I quote the first four paragraphs of this order:

“The Reichsbahn (the railroads) must provide trains of empty trucks in great numbers by September 28 for the carrying out of mobilization exercises. This task now takes precedence over all others.

“Therefore the trainloads for the limes job”—I understand the “limes job” to have reference to defense fortification in the West—“will have to be cut down after September 17 and those goods loaded previous to this date unloaded by September 20.

“The Supreme Command of the Army (Fifth Division of the Army General Staff) must issue further orders after consultation with the authorities concerned.

“However, in accordance with the Führer’s directive, every effort should be made to continue to supply the materials in as large quantities as feasible, even after 20 September 1938, and this for reasons of camouflage as well as in order to continue the important work on the limes.”

The penultimate stage of the aggression begins on 18 September. From that date until the 28th a series of orders was issued advancing preparations for the attack. These orders are included in the Schmundt file and I shall not take the time of the Tribunal by attempting to read all of it.

On the 18th the commitment scheduled for the five participating Armies, the 2d, 8th, 10th, 12th, and 14th, was set forth. That is Item 26 in the Schmundt file at Page 50 of the English translation. Hitler approved the secret mobilization of five divisions in the West to protect the German rear during Case Green, and I refer to Item 31 in the Schmundt file at Page 13—I beg your pardon, it is Page 55, I had a misprint. I might refer to that. It is a “most-secret” order, Berlin, 27 September 1938, 1920 hours; 45 copies of which this is the 16th:

“The Führer has approved the mobilization, without warning, of the five regular West divisions (26th, 34th, 36th, 33d, and 35th). The Führer and Supreme Commander of the Armed Forces has expressly reserved the right to issue the order for employment in the fortification zone and the evacuation of this zone by the workers of the Todt organization.

“It is left to the OKH to assemble as far as possible, first of all the sections ready to march and, subsequently, the remaining sections of the divisions in marshalling areas behind the Western fortifications.”—Signed—“Jodl.”

THE PRESIDENT: I think this would be a good time to adjourn.

We will meet again at 2 o’clock.

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MR. ALDERMAN: May it please the Tribunal, my attention has been called to the fact that I misread a signature on one of the documents to which I adverted this morning. It is Item 31 of the Schmundt minutes. I read the name “Jodl” as being the signature on that item. I should have read Keitel.

In the course of presenting details of the documents which are being offered in evidence, I think it would be well to pause for a moment, and recall the setting in which these facts took place. The world will never forget the Munich Pact, and the international crisis which led to it. As this crisis was developing in August and September of 1938, and frantic efforts were being made by the statesmen of the world to preserve the peace of the world, little did they know of the evil plans and designs in the hearts and the minds of these conspirators.

What is being presented to the Tribunal today is the inside story, in their own words, underlying the Pact of Munich. We are now able to spread upon the pages of history the truth concerning the fraud and deceit practiced by the Nazi conspirators in achieving for their own ends, the Pact of Munich as a stepping stone towards further aggression. One cannot think back without living again through the dread of war, the fear of war, the fear of world disaster, which seized all peace-loving persons. The hope for peace which came with the Munich Pact was, we now see, a snare and a deceit—a trap, carefully set by the defendants on trial. The evil character of these men who were fabricating this scheme for aggression and war is demonstrated by their own documents.