Morning Session
THE PRESIDENT: I call on the prosecutor for the United States.
SIDNEY S. ALDERMAN (Associate Trial Counsel for the United States): May it please the Tribunal, it occurs to me that perhaps the Tribunal might be interested in a very brief outline of what might be expected to occur within the next week or two weeks in this Trial.
I shall immediately proceed with the aggressive war case, to present the story of the rape of Czechoslovakia. I shall not perhaps be able to conclude that today.
Sir Hartley Shawcross, the British chief prosecutor, has asked that he be allowed to proceed tomorrow morning with his opening statement on Count Two and I shall be glad to yield for that purpose, with the understanding that we shall resume on Czechoslovakia after that.
Thereafter, the British prosecutor will proceed to present the aggressive warfare case as to Poland, which brought France and England into the war. Thereupon the British prosecutor will proceed with the expansion of aggressive war in Europe, the aggression against Norway and Denmark, against Holland, Belgium, and Luxembourg, against Yugoslavia and Greece. And in connection with those aggressions the British prosecutor will present to the Tribunal the various treaties involved and the various breaches of treaties involved in those aggressions.
That, as I understand it, will complete the British case under Count Two and will probably take the rest of this week.
Then it will be necessary for the American prosecuting staff to come back to Count One to cover certain portions which have not been covered, specifically, persecution of the Jews, concentration camps, spoliation in occupied territories, the High Command, and other alleged criminal organizations, particularly evidence dealing with individual responsibility of individual defendants.
Roughly, I would anticipate that that would carry through the following week—two weeks. However, that is a very rough estimate.
Thereupon, the French chief prosecutor will make his opening statement and will present the evidence as to Crimes against Humanity and War Crimes under Counts Three and Four as to Western Occupied countries.
Following that, the Russian chief prosecutor will make his opening statement and will present corresponding evidence regarding War Crimes and Crimes against Humanity in the Eastern countries.
That, in very rough outline, is what we have in mind to present.
I turn now to the third section in the detailed chronological presentation of the aggressive war case: Aggression against Czechoslovakia. The relevant portions of the Indictment are set forth in Subsection 3, under Section IV (F), appearing at Pages 7 and 8 of the printed English text of the Indictment.
This portion of the Indictment is divided into three parts:
(a) The 1936-38 phase of the plan; that is, the planning for the assault both on Austria and Czechoslovakia.
(b) The execution of the plan to invade Austria; November 1937 to March 1938.
(c) The execution of the plan to invade Czechoslovakia; April 1938 to March 1939.
On Thursday, last, I completed the presentation of the documents on the execution of the plan to invade Austria. Those documents are gathered together in a document book which was handed to the Tribunal at the beginning of the Austrian presentation.
The materials relating to the aggression against Czechoslovakia have been gathered in a separate document book, which I now submit to the Tribunal and which is marked “Document Book 0.”
The Tribunal will recall that in the period 1933 to 1936 the defendants had initiated a program of rearmament, designed to give the Third Reich military strength and political bargaining power to be used against other nations. You will recall also that beginning in the year 1936 they had embarked on a preliminary program of expansion which, as it turned out, was to last until March 1939. This was intended to shorten their frontiers, to increase their industrial and food reserve, and to place them in a position, both industrially and strategically, from which they could launch a more ambitious and more devastating campaign of aggression.
At the moment—in the early spring of 1938—when the Nazi conspirators began to lay concrete plans for the conquest of Czechoslovakia, they had reached approximately the half-way point in this preliminary program.
The preceding autumn, at the conference in the Reich Chancellery on November 5, 1937, covered by the Hossbach minutes, Hitler had set forth the program which Germany was to follow. Those Hossbach minutes, you will recall, are contained in Document 386-PS as United States Exhibit Number 25, which I read to the Tribunal in my introductory statement a week ago today.
“The question for Germany,” the Führer had informed his military commanders at that meeting, “is where the greatest possible conquest can be made at the lowest cost.”
At the top of his agenda stood two countries, Austria and Czechoslovakia.
On March 12, 1938 Austria was occupied by the German Army, and on the following day it was annexed to the Reich. The time had come for a redefinition of German intentions regarding Czechoslovakia. A little more than a month later two of the conspirators, Hitler and Keitel, met to discuss plans for the envelopment and conquest of the Czechoslovak State.
Among the selected handful of documents which I read to the Tribunal in my introduction a week ago to establish the corpus of the crime of aggressive war was the account of this meeting on 21 April 1938. This account is Item 2 in our Document Number 388-PS, as United States Exhibit Number 26.
The Tribunal will recall that Hitler and Keitel discussed the pretext which Germany might develop to serve as an excuse for a sudden and overwhelming attack. They considered the provocation of a period of diplomatic squabbling which, growing more serious, would lead to an excuse for war. In the alternative—and this alternative they found to be preferable—they planned to unleash a lightning attack as the result of an incident of their own creation.
Consideration, as we alleged in the Indictment and as the document proved, was given to the assassination of the German Minister at Prague to create the requisite incident.
The necessity of propaganda to guide the conduct of Germans in Czechoslovakia and to intimidate the Czechs was recognized. Problems of transport and tactics were discussed, with a view to overcoming all Czechoslovak resistance within 4 days, thus presenting the world with a fait accompli and forestalling outside interventions.
Thus, in mid-April 1938, the designs of the Nazi conspirators to conquer Czechoslovakia had already readied the stage of practical planning.
Now all of that occurred, if the Tribunal please, against a background of friendly diplomatic relations. This conspiracy must be viewed against that background. Although they had, in the fall of 1937, determined to destroy the Czechoslovak State, the leaders of the German Government were bound by a treaty of arbitration and assurances freely given, to observe the sovereignty of Czechoslovakia. By a formal treaty signed at Locarno on 16 October 1925—Document TC-14, which will be introduced by the British prosecutor—Germany and Czechoslovakia agreed, with certain exceptions, to refer to an arbitral tribunal or to the Permanent Court of International Justice matters of dispute. I quote, they would so refer:
“All disputes of every kind between Germany and Czechoslovakia with regard to which the parties are in conflict as to their respective rights, and which it may not be possible to settle amicably by the normal methods of diplomacy.”
And the preamble to this treaty stated:
“The President of the German Reich and the President of the Czechoslovak Republic equally resolved to maintain peace between Germany and Czechoslovakia by assuring the peaceful settlement of differences, which might arise between the two countries; declaring that respect for the rights established by treaty or resulting from the law of nations, is obligatory for international tribunals; agreeing to recognize that the rights of a state cannot be modified save with its consent, and considering that sincere observance of the methods of peaceful settlement of international disputes permits of resolving, without recourse to force, questions which may become the cause of divisions between states, have decided to embody in a treaty their common intention in this respect.”
That ends the quotation.
Formal and categoric assurances of their good will towards Czechoslovakia were both coming from the Nazi conspirators as late as March 1938. On March 11 and 12, 1938, at the time of the annexation of Austria, Germany had a considerable interest in inducing Czechoslovakia not to mobilize. At this time the Defendant Göring assured Masaryk, the Czechoslovak Minister in Berlin, on behalf of the German Government that German-Czech relations were not adversely affected by the development in Austria and that Germany had no hostile intentions towards Czechoslovakia. As a token of his sincerity, Defendant Göring accompanied his assurance with the statement, “Ich gebe Ihnen mein Ehrenwort (I give you my word of honor).”
At the same time, the Defendant Von Neurath, who was handling German foreign affairs during Ribbentrop’s stay in London, assured Masaryk, on behalf of Hitler and the German Government, that Germany still considered herself bound by the Arbitration Convention of 1925.
These assurances are contained in Document TC-27, another of the series of documents which will be presented to the Tribunal by the British prosecutor under Count Two of the Indictment.
Behind the screen of these assurances the Nazi conspirators proceeded with their military and political plans for aggression. Ever since the preceding fall it had been established that the immediate aim of German policy was the elimination both of Austria and of Czechoslovakia. In both countries the conspirators planned to undermine the will to resist by propaganda and by Fifth Column activities, while the actual military preparations were being developed.
The Austrian operation, which received priority for political and strategic reasons, was carried out in February and March 1938. Thenceforth the Wehrmacht planning was devoted to “Fall Grün” (Case Green), the designation given to the proposed operation against Czechoslovakia.
The military plans for Case Green had been drafted in outline from as early as June 1937. The OKW top-secret directive for the unified preparation of the Armed Forces for war—signed by Von Blomberg on June 24, 1937, and promulgated to the Army, Navy, and Luftwaffe for the year beginning July 1, 1937,—included, as a probable war-like eventuality for which a concentrated plan was to be drafted, Case Green, “War on two fronts, with the main struggle in the southeast.”
This document—our Number C-175, Exhibit USA-69—was introduced in evidence as part of the Austrian presentation and is an original carbon copy, signed in ink by Von Blomberg. The original section of this directive dealing with the probable war against Czechoslovakia—it was later revised—opens with this supposition. I read from the bottom of Page 3 of the English translation of this directive, following the heading II, and Subparagraph (1) headed “Suppositions”:
“The war in the East can begin with a surprise German operation against Czechoslovakia in order to parry the imminent attack of a superior enemy coalition. The necessary conditions to justify such an action politically, and in the eyes of international law must be created beforehand.”
After detailing possible enemies and neutrals in the event of such action, the directive continues as follows:
“(2) The task of the German Armed Forces”—and that much is underscored—“is to make their preparations in such a way that the bulk of all forces can break into Czechoslovakia quickly, by surprise, and with the greatest force, while in the West the minimum strength is provided as rear-cover for this attack.
“The aim and object of this surprise attack by the German Armed Forces should be to eliminate from the very beginning and for the duration of the war, the threat by Czechoslovakia to the rear of the operations in the West, and to take from the Russian Air Force the most substantial portion of its operational base in Czechoslovakia. This must be done by the defeat of the enemy armed forces and the occupation of Bohemia and Moravia.”
The introduction to this directive sets forth as one of its guiding principles the following statement—and I now read from Page 1 of the English translation, that is, the third paragraph following Figure 1:
“Nevertheless, the politically fluid world situation, which does not preclude surprising incidents, demands constant preparedness for war on the part of the German Armed Forces:”—and then—“(a) to counterattack at any time; (b) to make possible the military exploitation of politically favorable opportunities should they occur.”
This directive ordered further work on the plan for “mobilization without public announcement.” I quote:
“. . . in order to put the Armed Forces in a position to be able to begin a sudden war which will take the enemy by surprise, in regard to both strength and time of attack.”
This is, of course, a directive for staff planning, but the nature of the planning and the very tangible and ominous developments which resulted from it, give it a significance that it would not have in another setting.
Planning along the lines of this directive was carried forward during the fall of 1937 and the winter of 1937-38. On the political level, this planning for the conquest of Czechoslovakia received the approval and support of Hitler in the conference with his military commanders on 5 November 1937, reported in the Hossbach minutes, to which I have frequently heretofore referred.
In early March 1938, before the march into Austria, we find the Defendants Ribbentrop and Keitel concerned over the extent of the information about war aims against Czechoslovakia to be furnished to Hungary. On 4 March 1938, Ribbentrop wrote to Keitel, enclosing for General Keitel’s confidential cognizance the minutes of a conference with Sztojay, the local Hungarian Ambassador, who had suggested an interchange of views. This is Document 2786-PS, a photostat of the original captured letter, which I now offer in evidence as Exhibit USA-81. In his letter to Keitel, Ribbentrop said:
“I have many doubts about such negotiations. In case we should discuss with Hungary possible war aims against Czechoslovakia, the danger exists that other parties as well would be informed about this. I would greatly appreciate it if you would notify me briefly whether any commitments were made here in any respect. With best regards and Heil Hitler.”
At the 21 April meeting between Hitler and Keitel, the account of which I read last week and alluded to earlier this morning (Document 388-PS, Item 2), specific plans for the attack on Czechoslovakia were discussed for the first time. This meeting was followed, in the late spring and summer of 1938, by a series of memoranda and telegrams advancing Case Green (Fall Grün). Those notes and communications were carefully filed at Hitler’s headquarters by the very efficient Colonel Schmundt, the Führer’s military adjutant, and were captured by American troops in a cellar at Obersalzberg, near Berchtesgaden. This file, which is preserved intact, bears out Number 388-PS, and is United States Exhibit Number 26. We affectionately refer to it as “Big Schmundt”—a large file. The individual items in this file tell more graphically than any narrative the progress of the Nazi conspirators’ planning to launch an unprovoked and brutal war against Czechoslovakia. From the start the Nazi leaders displayed a lively interest in intelligence data concerning Czechoslovakian armament and defense. With the leave of the Tribunal I shall refer to some of these items in the Big Schmundt file without reading them. The documents to which I refer are Item 4 of the Schmundt file, a telegram from Colonel Zeitzler, in General Jodl’s office of the OKW, to Schmundt at Hitler’s headquarters.
THE PRESIDENT: Are you proposing not to read them?
MR. ALDERMAN: I hadn’t intended to read them in full, unless that may be necessary.
THE PRESIDENT: I am afraid we must adhere to our decision.
MR. ALDERMAN: If the Tribunal please, I should simply wish to refer to the title or heading of Item 12, which is headed, “Short Survey of Armament of the Czech Army,” dated Berlin, 9 June 1938, and initialed “Z” for Zeitzler, and Item 13, “Questions of the Führer,” dated Berlin, 9 June 1938, and classified “Most Secret.” I should like to read four of the questions which Hitler wanted authoritative information about, as shown by that document, and I read indicated questions on Pages 23, 24, 25, and 26 of Item 13 of Document 388-PS.
Question 1: Hitler asked about armament of the Czech Army. I don’t think it necessary to read the answers. They are detailed answers giving information in response to these questions posed by Hitler.
“Question 2: How many battalions, et cetera, are employed in the West for the construction of emplacements?
“Question 3: Are the fortifications of Czechoslovakia still occupied in unreduced strength?
“Question. 4: Frontier protection in the West.”
As I say, those questions were answered in detail by the OKW and initialed by Colonel Zeitzler of Jodl’s staff.
As a precaution against French and British action during the attack on Czechoslovakia, it was necessary for the Nazi conspirators to rush the preparation of fortification measures along the western frontier in Germany. I refer you to Item 8, at Page 12 of the Big Schmundt file, a telegram presumably sent from Schmundt in Berchtesgaden to Berlin, and I quote from this telegram. It is, as I say, Item 8 of the Schmundt file, Page 12 of Document 388-PS: “Inform Colonel General Von Brauchitsch and General Keitel.” And then, skipping a paragraph: “The Führer repeatedly emphasized the necessity of pressing forward greatly the fortification work in the West.”
In May, June, July, and August of 1938 conferences between Hitler and his political and military advisors resulted in the issuance of a series of constantly revised directives for the attack on Czechoslovakia. It was decided that preparations for X-Day, the day of the attack, should be completed no later than 1 October. I now invite the attention of the Tribunal to the more important of these conferences and directives.
On 28 May 1938 Hitler called a conference of his principal advisors. At this meeting he gave the necessary instructions to his fellow conspirators to prepare the attack on Czechoslovakia. This fact Hitler later publicly admitted. I now refer and invite the notice of the Tribunal to Document 2360-PS, a copy of the Völkischer Beobachter of 31 January 1939. In a speech before the Reichstag the preceding day, reported in this newspaper, reading now from Document 2360-PS, Hitler spoke as follows:
“On account of this intolerable provocation which had been aggravated by a truly infamous persecution and terrorization of our Germans there, I have determined to solve once and for all, and this time radically, the Sudeten-German question. On 28 May I ordered first: That preparation should be made for military action against this state by 2 October. I ordered second: The immense and accelerated expansion of our defensive front in the West.”
Two days after this conference, on 30 May 1938, Hitler issued the revised military directive for Case Green. This directive is Item 11 in the Big Schmundt file, Document 388-PS. It is entitled, “Two-front War, with Main Effort in the Southeast,” and this directive replaced the corresponding section, Part 2, Section II, of the previous quote, “Directive for Unified Preparation for War,” which had been promulgated by Von Blomberg on 26 June 1937, which I have already introduced in evidence as our Document C-175, United States Exhibit Number 69. This revised directive represented a further development of the ideas for political and military action discussed by Hitler and Keitel in their conference on 21 April. It is an expansion of the rough draft submitted by the Defendant Keitel to Hitler on 20 May, which may be found as Item 5 in the Schmundt file. It was signed by Hitler. Only five copies were made. Three copies were forwarded with a covering letter from Defendant Keitel to General Von Brauchitsch for the Army, to Defendant Raeder for the Navy, and to Defendant Göring for the Luftwaffe. In his covering memorandum Keitel noted that its execution must be assured—I quote: “As from 1 October 1938 at the latest.” I now read from this document, which is the basic directive under which the Wehrmacht carried out its planning for Case Green, a rather lengthy quotation from the first page of Item 11, Page 16 of the English version:
“1. Political prerequisites. It is my unalterable decision to smash Czechoslovakia by military action in the near future. It is the job of the political leaders to await or bring about the politically and militarily suitable moment.
“An inevitable development of conditions inside Czechoslovakia or other political events in Europe, creating a surprisingly favorable opportunity and one which may never come again, may cause me to take early action.
“The proper choice and determined and full utilization of a favorable moment is the surest guarantee of success. Accordingly the preparations are to be made at once.
“2. Political possibilities for the commencement of the action. The following are necessary prerequisites for the intended invasion:
“a. Suitable obvious cause and with it, b. sufficient political justification, c. action unexpected by the enemy, which will find him prepared in the least possible degree.
“From a military as well as a political standpoint the most favorable course is a lightning-swift action as the result of an incident through which Germany is provoked in an unbearable way for which at least part of world opinion will grant the moral justification of military action.
“But even a period of tension, more or less preceding a war, must terminate in sudden action on our part, which must have the elements of surprise as regards time and extent, before the enemy is so advanced in military preparedness that he cannot be surpassed.
“3. Conclusions for the preparation of Fall Grün.
“a. For the ‘armed war’ it is essential that the surprise element, as the most important factor contributing to success, be made full use of by appropriate preparatory measures, already in peacetime and by an unexpectedly rapid course of the action. Thus it is essential to create a situation within the first 2 or 3 days which plainly demonstrates to hostile nations, eager to intervene, the hopelessness of the Czechoslovakian military situation and which, at the same time, will give nations with territorial claims on Czechoslovakia an incentive to intervene immediately against Czechoslovakia. In such a case, intervention by Poland and Hungary against Czechoslovakia may be expected, especially if France—due to the obvious pro-German attitude of Italy—fears, or at least hesitates, to unleash a European war by intervening against Germany. Attempts by Russia to give military support to Czechoslovakia mainly by the Air Force are to be expected. If concrete successes are not achieved by the land operations within the first few days, a European crisis will certainly result. This knowledge must give commanders of all ranks the impetus to decided and bold action.
“b. The Propaganda War must on the one hand intimidate Czechoslovakia by threats and wear down her power of resistance; on the other hand issue directions to national groups for support in the ‘armed war’ and influence the neutrals into our way of thinking. I reserve further directions and determination of the date.
“4. Tasks of the Armed Forces. Armed Forces preparations are to be made on the following basis:
“a. The mass of all forces must be employed against Czechoslovakia.
“b. For the West, a minimum of forces are to be provided as rear cover which may be required, the other frontiers in the East against Poland and Lithuania are merely to be protected, the southern frontiers to be watched.
“c. The sections of the Army which can be rapidly employed must force the frontier fortifications with speed and decision and must break into Czechoslovakia with the greatest daring in the certainty that the bulk of the mobile army will follow them with the utmost speed. Preparations for this are to be made and timed in such a way that the sections of the army which can be rapidly employed cross the frontier at the appointed time, at the same time as the penetration by the Air Force, before the enemy can become aware of our mobilization. For this, a timetable between Army and Air Force is to be worked out in conjunction with OKW and submitted to me for approval.
“5. Missions for the branches of the Armed Forces.
“a. Army. The basic principle of the surprise attack against Czechoslovakia must not be endangered nor the initiative of the Air Force be wasted by the inevitable time required for transporting the bulk of the field forces by rail. Therefore it is first of all essential to the Army that as many assault columns as possible be employed at the same time as the surprise attack by the Air Force. These assault columns—the composition of each, according to their tasks at that time—must be formed with troops which can be employed rapidly owing to their proximity to the frontier or to motorization and to special measures of readiness. It must be the purpose of these thrusts to break into the Czechoslovakian fortification lines at numerous points and in a strategically favorable direction, to achieve a break-through, or to break them down from the rear. For the success of this operation, co-operation with the Sudeten-German frontier population, with deserters from the Czechoslovakian Army, with parachutists or airborne troops and with units of the sabotage service will be of importance. The bulk of the army has the task of frustrating the Czechoslovakian plan of defense, of preventing the Czechoslovakian army from escaping . . .”
THE PRESIDENT: Is it necessary to read all this detail?
MR. ALDERMAN: I was just worried about not getting it into the transcript.
THE PRESIDENT: It seems to me that this is all detail, that before you pass from the document you ought to read the document on Page 15, which introduces it and which gives the date of it.
MR. ALDERMAN: I think so. It is a letter dated:
“Berlin, 30 May 1938; copy of the fourth copy; Supreme Commander of the Armed Forces; most secret; access only through officer; written by an officer. Signed Keitel; distributed to C-in-C Army, C-in-C Navy, C-in-C Air Force.
“By order of the Supreme Commander of the Armed Forces, Part 2, Section II, of the directive on the unified preparations for war of the Armed Forces dated 24 June 1937, (Ob. d. W)”—with some symbols, including “Chefsache” (top secret)—“(two-front war with main effort on the Southeast—strategic concentration Green) is to be replaced by the attached version. Its execution must be assured as from 1 October 1938 at the latest. Alterations in other parts of the directives must be expected during the next week.
“By order of Chief of the Supreme Command of the Armed Forces, signed, Keitel.
“Certified a true copy, Zeitzler, Oberstleutnant on the General Staff.”
In line with the suggestion of the presiding Justice, I shall omit the detailed instructions which are set out for action by the Luftwaffe and by the Navy, and I turn next to the last paragraph of the directive, which will be found on Page 19 of the English version:
“In war economy it is essential that in the field of the armament industry a maximum deployment of forces is made possible through increased supplies. In the course of operations, it is of value to contribute to the reinforcement of the total war—economic strength—by rapidly reconnoitering and restarting important factories. For this reason the sparing of Czechoslovakian industrial and factory installations, insofar as military operations permit, can be of decisive importance to us.”
In other words, the Nazi conspirators, 4 months before the date of their planned attack, were already looking forward to the contribution which the Czech industrial plant would make to further Nazi war efforts and economy.
And the final paragraph of this directive, Paragraph 7, on Page 19:
“All preparations for sabotage and insurrection will be made by OKW. They will be made, in agreement with, and according to, the requirement of the branches of the Armed Forces, so that their effects accord with the operations of the Army and Air Force as to time and locality.
“Signed Adolf Hitler.
“Certified a true copy, Zeitzler, Oberstleutnant on the General Staff.”
Three weeks later, on 18 June 1938, a draft for a new directive was prepared and initialed by the Defendant Keitel. This is Item 14 at Pages 27 to 32 of the Big Schmundt file. It did not supersede the 30 May directive. I shall read the third and fifth paragraphs on Page 28 of the English translation, and the last paragraph on Page 29:
“The immediate aim is a solution of the Czech problem by my own free decision; this stands in the foreground of my political intentions. I am determined as from 1 October 1938 to use to the full every favorable political opportunity to realize this aim.”
Then skipping a paragraph:
“However, I will decide to take action against Czechoslovakia only if I am firmly convinced, as in the case of the occupation of the demilitarized zone and the entry into Austria, that France will not march and therefore England will not intervene.”
And then skipping to the last paragraph on the 29th page:
“The directives necessary for the prosecution of the war itself will be issued by me from time to time.”
“K”—initial of Keitel, and—“Z”—initial of Zeitzler.
The second and third parts of this directive contain general directions for the deployment of troops and for precautionary measures in view of the possibility that during the execution of the Fall Grün (or Case Green) France or England might declare war on Germany. Six pages of complicated schedules which follow this draft in the original have not been translated into English. These schedules, which constitute Item 15 in the Schmundt file, give a timetable of specific measures for the preparation of the Army, Navy, and Luftwaffe for the contemplated action.
Corroboration for the documents in the Schmundt file is found in General Jodl’s diary, our Document Number 1780-PS and United States Exhibit Number 72, from which I quoted portions during the Austrian presentation. I now quote from three entries in this diary written in the spring of 1938. Although the first entry is not dated it appears to have been written several months after the annexation of Austria, and here I read under the heading on Page 3 of the English translation:
“Later undated entry:
“After annexation of Austria the Führer mentions that there is no hurry to solve the Czech question, because Austria had to be digested first. Nevertheless, preparations for Case Green will have to be carried out energetically. They will have to be newly prepared on the basis of the changed strategic position because of the annexation of Austria. State of preparation, see Memorandum L-1-A of 19 April, reported to the Führer on 21 April.
“The intention of the Führer not to touch the Czech problem as yet will be changed because of the Czech strategic troop concentration of 21 May, which occurs without any German threat and without the slightest cause for it. Because of Germany’s self-restraint the consequences lead to a loss of prestige for the Führer, which he is not willing to take once more. Therefore, the new order is issued for Green on 30 May.”
And then the entry, 23 May:
“Major Schmundt reports ideas of the Führer. . . . Further conferences, which gradually reveal the exact intentions of the Führer, take place with the Chief of the Armed Forces High Command (OKW) on 28 May, 3 and 9 June,—see inclosures (War Diary).”
Then the entry of 30 May:
“The Führer signs directive Green, where he states his final decision to destroy Czechoslovakia soon and thereby initiates military preparation all along the line. The previous intentions of the Army must be changed considerably in the direction of an immediate break-through into Czechoslovakia right on D-Day”—X-Tag—“combined with aerial penetration by the Air Force.
“Further details are derived from directive for strategic concentration of the Army. The whole contrast becomes acute once more between the Führer’s intuition that we must do it this year, and the opinion of the Army that we cannot do it as yet, as most certainly the Western Powers will interfere and we are not as yet equal to them.”
During the spring and summer of 1938 the Luftwaffe was also engaged in planning in connection with the forthcoming Case Green and the further expansion of the Reich.
I now offer in evidence Document R-150, as United States Exhibit 82. This is a top-secret document dated 2 June 1938, issued by Air Group Command 3, and entitled “Plan Study 1938, Instruction for Deployment and Combat, ‘Case Red.’ ”
“Case Red” is the code name for action against the Western Powers if need be. Twenty-eight copies of this document were made, of which this is number 16. This is another staff plan, this time for mobilization and employment of the Luftwaffe in the event of war with France. It is given significance by the considerable progress by this date of the planning for the attack on Czechoslovakia.
I quote from the second paragraph on Page 3 of the English translation, referring to the various possibilities under which war with France may occur. You will note that they are all predicated on the assumption of a German-Czech conflict.
“France will either (a) interfere in the struggle between the Reich and Czechoslovakia in the course of Case Green, or (b) start hostilities simultaneously with Czechoslovakia. (c) It is possible but not likely that France will begin the fight while Czechoslovakia still remains aloof.”
And then, reading down lower on the page under the heading “Intention”:
“Regardless of whether France enters the war as a result of Case Green or whether she makes the opening move of the war simultaneously with Czechoslovakia, in any case the mass of the German offensive formations will, in conjunction with the Army, first deliver the decisive blow against Czechoslovakia.”
By mid-summer direct and detailed planning for Case Green was being carried out by the Luftwaffe. In early August, at the direction of the Luftwaffe General Staff, the German Air Attaché in Prague reconnoitered the Freudenthal area of Czechoslovakia south of Upper Silesia for suitable landing grounds.
I offer in evidence Document 1536-PS as Exhibit USA-83, a report of the Luftwaffe General Staff, Intelligence Division, dated 12 August 1938. This was a top-secret document for general officers only, of which only two copies were made.
Attached as an enclosure was the report of Major Moericke, the German Attaché in Prague, dated 4 August 1938. I quote the first four paragraphs of the enclosure:
“I was ordered by the General Staff of the Air Force to reconnoiter the land in the region Freudenthal-Freihermersdorf . . .”
THE PRESIDENT: Page 3 of the document?
MR. ALDERMAN: Yes. “. . . for landing possibilities.
“For this purpose I obtained private lodgings in Freudenthal with the manufacturer Macholdt, through one of my trusted men in Prague.
“I had specifically ordered this man to give no details about me to Macholdt, particularly about my official position.
“I used my official car (Dienst Pkw) for the journey to Freudenthal taking precautions against being observed.”
By 25 August the imminence of the attack on Czechoslovakia compelled the issuance by the Luftwaffe of a detailed intelligence memorandum, entitled “Extended Case Green”; in other words, an estimate of possible action by the Western Powers during the attack on Czechoslovakia.
I now offer this document in evidence, Number 375-PS as Exhibit USA-84. This is a top-secret memorandum of the Intelligence Section of the Luftwaffe, General Staff, dated Berlin, 25 August 1938. Based on the assumption that Great Britain and France would declare war on Germany during Case Green, this study contains an estimate of the strategy and air strength of the Western Powers as of 1 October 1938, the target date for Case Green. I quote the first two sentences of the document. That is under the heading “Initial Political Situation”:
“The basic assumption is that France will declare war during the Case Green. It is presumed that France will decide upon war only if active military assistance by Great Britain is definitely assured.”
Now, knowledge of the pending or impending action against Czechoslovakia was not confined to a close circle of high officials of the Reich and the Nazi Party. During the summer Germany’s allies, Italy and Hungary, were apprised by one means or another of the plans of the Nazi conspirators. I offer in evidence Document 2800-PS as Exhibit USA-85. This is a captured document from the German Foreign Office files, a confidential memorandum of a conversation with the Italian Ambassador Attolico, in Berlin on 18 July 1938. At the bottom is a handwritten note headed “For the Reichsminister only”, and the Reichsminister was the Defendant Ribbentrop. I now read this note. I read from the note the third and fourth paragraphs:
“Attolico added that we had made it unmistakably clear to the Italians what our intentions are regarding Czechoslovakia. He also knew the appointed time well enough so that he could take perhaps a 2 months’ holiday now which he could not do later on.
“Giving an idea of the attitude of other governments, Attolico mentioned that the Romanian Government had refused to grant application for leave to its Berlin Minister.”
THE PRESIDENT: Would this be a convenient time to break off for 10 minutes?
MR. ALDERMAN: Yes, Sir.
[A recess was taken.]
MR. ALDERMAN: May it please the Tribunal, a month later Mussolini sent a message to Berlin asking that he be told the date on which Case Green would take place. I offer in evidence Document Number 2791-PS as Exhibit USA-86, a German Foreign Office note on a conversation with Ambassador Attolico. This note is signed “R” for Ribbentrop and dated 23 August 1938. I now read two paragraphs from this memorandum:
“On the voyage of the Patria Ambassador Attolico explained to me that he had instructions to request the notification of a contemplated time for German action against Czechoslovakia from the German Government.
“In case the Czechs should again cause a provocation against Germany, Germany would march. This would be tomorrow, in 6 months, or perhaps in a year. However, I could promise him that the German Government, in case of an increasing gravity of the situation or as soon as the Führer made his decision, would notify the Italian Chief of Government as rapidly as possible. In any case, the Italian Government will be the first one who will receive such a notification.”
THE PRESIDENT: You did not tell us what the initial was, did you?
MR. ALDERMAN: The initial “R” for Ribbentrop, and the date 23 August 1938.
Four days later Attolico again asked to be notified of the date of the pending attack. I offer Document Number 2792-PS as Exhibit USA-87—another German Foreign Office memorandum, and from that document I read three paragraphs under the heading “R. M. 251.”
“Ambassador Attolico paid me a visit today at 12 o’clock to communicate the following:
“He had received another written instruction from Mussolini asking that Germany communicate in time the probable date of action against Czechoslovakia. Mussolini asked for such notification, as Mr. Attolico assured me, in order ‘to be able to take in due time the necessary measures on the French frontier.’ Berlin, 27 August 1938; ‘R’ ”—for Ribbentrop, and then:
“N. B. I replied to Ambassador Attolico, just as on his former démarche, that I could not impart any date to him; that, however, in any case Mussolini would be the first one to be informed of any decision. Berlin, 2 September 1938.”
Hungary, which borders Czechoslovakia to the southeast, was from the first considered to be a possible participant in Case Green. You will recall that in early March 1938 Defendants Keitel and Ribbentrop had exchanged letters on the question of bringing Hungary into the Nazi plan. At that time the decision was in the negative, but by mid-August 1938 the Nazi conspirators were attempting to persuade Hungary to join in the attack.
From August 21 to 26 Admiral Horthy and some of his ministers visited Germany. Inevitably there were discussions of the Czechoslovak question. I now offer Document 2796-PS as Exhibit USA-88. This is a captured German Foreign Office account signed by Von Weizsäcker of the conversations between Hitler and Ribbentrop and a Hungarian Delegation consisting of Horthy, Imredy, and Kanya aboard the S. S. Patria on 23 August 1938. In this conference Ribbentrop inquired about the Hungarian attitude in the event of a German attack on Czechoslovakia and suggested that such an attack would prove to be a good opportunity for Hungary.
The Hungarians, with the exception of Horthy, who wished to put the Hungarian intention to participate on record, proved reluctant to commit themselves. Thereupon Hitler emphasized Ribbentrop’s statement and said that whoever wanted to join the meal would have to participate in the cooking as well. I now quote from this document the first two paragraphs:
“While in the forenoon of the 23rd of August the Führer and the Regent of Hungary were engaged in a political discussion, the Hungarian Ministers Imredy and Kanya were in conference with Von Ribbentrop. Von Weizsäcker also attended the conference.
“Von Kanya introduced two subjects for discussion: Point 1, the negotiations between Hungary and the Little Entente; and 2, the Czechoslovakian problem.”
Then I skip two paragraphs and read the fifth paragraph:
“Von Ribbentrop inquired what Hungary’s attitude would be if the Führer would carry out his decision to answer a new Czech provocation by force. The reply of the Hungarians presented two kinds of obstacles: The Yugoslavian neutrality must be assured if Hungary marches towards the north and perhaps the east; moreover, the Hungarian rearmament had only been started and one to two more years time for its development should be allowed.
“Von Ribbentrop then explained to the Hungarians that the Yugoslavs would not dare to march while they were between the pincers of the Axis Powers. Romania alone would therefore not move. England and France would also remain tranquil. England would not recklessly risk her empire. She knew our newly acquired power. In reference to time, however, for the above-mentioned situation, nothing definite could be predicted since it would depend on Czech provocation. Von Ribbentrop repeated that, ‘Whoever desires revision must exploit the good opportunity and participate.’
“The Hungarian reply thus remained a conditional one. Upon the question of Von Ribbentrop as to what purpose the desired General Staff conferences were to have, not much more was brought forward than the Hungarian desire of a mutual inventory of military material and preparedness for the Czech conflict. The clear political basis for such a conflict—the time of a Hungarian intervention—was not obtained.
“In the meantime, more positive language was used by Von Horthy in his talk with the Führer. He wished not to hide his doubts with regard to the English attitude, but he wished to put on record Hungary’s intention to participate. The Hungarian Ministers were, and remained even later, more skeptical since they feel more strongly about the immediate danger for Hungary with its unprotected flanks.
“When Von Imredy had a discussion with the Führer in the afternoon he was very relieved when the Führer explained to him that in regard to the situation in question he demanded nothing of Hungary. He himself would not know the time. Whoever wanted to join the meal would have to participate in the cooking as well. Should Hungary wish conferences of the General Staffs he would have no objections.”
I think perhaps that sentence, “Whoever wanted to join the meal would have to participate in the cooking as well,” is perhaps as cynical a statement as any statesman has ever been guilty of.
By the third day of the conference the Germans were able to note that, in the event of a German-Czech conflict, Hungary would be sufficiently armed for participation on 1 October. I now offer in evidence Document Number 2797-PS as Exhibit USA-89, another captured German Foreign Office memorandum of a conversation between Ribbentrop and Kanya on 25 August 1938. You will note that the English mimeographed translation bears the date 29 August. That is incorrect; it should read 25 August. I read the last paragraph from that document, or the last two:
“Concerning Hungary’s military preparedness in case of a German-Czech conflict Von Kanya mentioned several days ago that his country would need a period of one to two years in order to develop adequately the armed strength of Hungary.
“During today’s conversation Von Kanya corrected this remark and said that Hungary’s military situation was much better. His country would be ready, as far as armaments were concerned, to take part in the conflict by October 1 of this year.”—Signed with an illegible signature which probably is that of Weizsäcker.
The account of the German-Hungarian conference again finds its corroboration in General Jodl’s diary, Document Number 1780-PS, from which I have already several times read. The entry in that diary for 21 to 26 August on Page 4 of the English version of the document reads as follows:
“Visit to Germany of the Hungarian Regent. Accompanied by the Prime Minister, the Minister of Foreign Affairs, and the War Minister Von Raatz.
“They arrived with the idea that in the course of a great war after a few years, and with the help of German troops, the old State of Hungary can be re-established. They leave with the understanding that we have neither demands from them nor claims against them, but that Germany will not stand for a second provocation by Czechoslovakia, even if it should be tomorrow. If they want to participate at that moment, it is up to them.
“Germany, however, will never play the role of arbitrator between them and Poland. The Hungarians agree; but they believe that when the issue arises a period of 48 hours would be indispensable to them to find out Yugoslavia’s attitude.”
The upshot of the talks with the Hungarians proved to be a staff conference on 6 September.
I quote again from Jodl’s diary, the entry for 6 September, beginning at the end of that same page:
“Chief of General Staff, General of Artillery Halder, has a conference with the Hungarian Chief of General Staff Fischer. Before that he is briefed by me on the political attitude of the Führer, especially his order not to give any hint on the exact moment. The same with OAI, General Von Stülpnagel.”
It is somewhat interesting to find a high-ranking general giving a briefing on such political matters.
Then we come to final actual preparations for the attack. With a 1 October target date set for Case Green, there was a noticeable increase in the tempo of the military preparations in late August and September. Actual preparations for the attack on Czechoslovakia were well under way. The agenda of the Nazi conspirators was devoted to technical details, the timing of “X-days,” questions of mobilization, questions of transport and supplies.
On 26 August the Defendant Jodl initialed a memorandum entitled, “Timing of the X-Order and the Question of Advance Measures.” This is Item 17 at Pages 37 and 38 of the English translation of the Schmundt file on Case Green, our Number 388-PS.
I should like to invite the special attention of the Tribunal to this memorandum. It demonstrates beyond the slightest doubt the complicity of the OKW and of Defendant Keitel and Jodl in the shameful fabrication of an incident as an excuse for war. It reveals in bare outline the deceit, the barbarity, the completely criminal character of the attack that Germany was preparing to launch.
I ask leave to read this document in full:
“Chief Section L; for chiefs only; written by General Staff officer; top secret; note on progress of report; Berlin, 24 August 1938; access only through officer; 1 copy.
“Timing of the X-Order and the Question of Advance Measures.
“The Luftwaffe’s endeavor to take the enemy air forces by surprise at their peacetime airports justifiably leads them to oppose measures taken in advance of the X-Order and to demand that the X-Order itself be given sufficiently late on X minus 1 to prevent the fact of Germany’s mobilization becoming known to Czechoslovakia on that day.
“The Army’s efforts are tending in the opposite direction. It intends to let OKW initiate all advance measures between X minus 3 and X minus 1 which will contribute to the smooth and rapid working of the mobilization. With this in mind OKH also demands that the X-Order be given to the Army not later than 1400 on X minus 1.
“To this the following must be said:
“ ‘Operation Green’ ”—or Aktion Grün—“will be set in motion by means of an ‘incident’ in Czechoslovakia which will give Germany provocation for military intervention. The fixing of the exact time for this incident is of the utmost importance.”—I call special attention to that sentence—“The fixing of the exact time for this incident is of the utmost importance.
“It must come at a time when the over-all meteorological conditions are favorable for our superior air forces to go into action and at an hour which will enable authentic news of it”—news of this prepared incident—“to reach us on the afternoon of X minus 1.
“It can then be spontaneously answered by the giving of the X-Order at 1400 on X minus 1.
“On X minus 2 the Navy, Army, and Air Force will merely receive an advance warning.
“If the Führer intends to follow this plan of action, all further discussion is superfluous.
“For then no advance measures may be taken before X minus 1 for which there is not an innocent explanation as we shall otherwise appear to have manufactured the incident. Orders for absolutely essential advance measures must be given in good time and camouflaged with the help of numerous maneuvers and exercises.
“Also, the question raised by the Foreign Office as to whether all Germans should be called back in time from prospective enemy territories must in no way lead to the conspicuous departure from Czechoslovakia of any German subjects before the incident.
“Even a warning of diplomatic representatives in Prague is impossible before the first air attack, although the consequences could be very grave in the event of their becoming victims of such an attack (that is the death of representatives of friendly or confirmed neutral powers).
“If, for technical reasons, the evening hours should be considered desirable for the incident, then the following day cannot be X-Day, but it must be the day after that.
“In any case we must act on the principle that nothing must be done before the incident which might point to mobilization, and that the swiftest possible action must be taken after the incident (X-Fall).
“It is the purpose of these notes to point out what a great interest the Wehrmacht has in the incident and that it must be informed of the Führer’s intentions in good time—insofar as the Abwehr Section is not also charged with the organization of the incident.
“I request that the Führer’s decision be obtained on these points.”—Signed—“J”—(Jodl).
In handwriting, at the bottom of the page of that document, are the notes of the indefatigable Schmundt, Hitler’s adjutant. These reveal that the memorandum was submitted to Hitler on August 30; that Hitler agreed to act along these lines, and that Jodl was so notified on 31 August. There follows Jodl’s initials once more.
On 3 September Keitel and Von Brauchitsch met with Hitler at the Berghof. Again Schmundt kept notes of the conference. These will be found as Item 18 at Pages 39 and 40 of the Document Number 388-PS. I shall read the first three short paragraphs of these minutes:
“Colonel General Von Brauchitsch reports on the exact time of the transfer of the troops to ‘exercise areas’ for ‘Grün’. Field units to be transferred on 28 September. From here will then be ready for action. When X-Day becomes known field units carry out exercises in opposite directions.
“Führer has objection. Troops assemble field units a 2-day march away. Carry out camouflage exercises everywhere.”—Then there is a question mark.—“OKH must know when X-Day is by 1200 noon, 27 September.”
You will note that Von Brauchitsch reported that field troops would be transferred to the proper areas for Case Green on 28 September and would then be ready for action. You will also note that the OKH must know when X-Day is by 12 noon on 27 September.
During the remainder of the conference Hitler gave his views on the strategy the German armies should employ and the strength of the Czech defenses they would encounter. He spoke of the possibility, and I quote, “of drawing in the Henlein people.” The situation in the West still troubled him. Schmundt further noted, and here I read the final sentence from Page 40 of the English transcript:
“The Führer gives orders for the development of the Western fortifications: Improvement of advance positions around Aachen and Saarbrücken; construction of 300 to 400 battery positions (1600 artillery pieces). He emphasizes flanking action.”
Five days later General Stülpnagel asked Defendant Jodl for written assurance that the OKH would be informed 5 days in advance about the impending action. In the evening Jodl conferred with Luftwaffe generals about the co-ordination of ground and air operations at the start of the attack. I now read the 8 September entry in General Jodl’s diary, Page 5 of the English translation of Document 1780-PS.
“General Stülpnagel, OAI, asks for written assurance that the Army High Command will be informed 5 days in advance if the plan is to take place. I agree and add that the over-all meteorological situation can be estimated to some extent only for 2 days in advance and that therefore the plans may be changed up to this moment (X-Day minus 2)”—or as the German puts it—“X-2 Tag.”
“General Stülpnagel mentions that for the first time he wonders whether the previous basis of the plan is not being abandoned. It presupposed that the Western Powers would not interfere decisively. It gradually seems as if the Führer would stick to his decision, even though he may no longer be of this opinion. It must be added that Hungary is at least moody and that . . . Italy is reserved.”
Now, this is Jodl talking:
“I must admit that I am worrying, too, when comparing the change of opinion about political and military potentialities, according to directives of 24 June ’37, 5 November ’37, 7 December ’37, 30 May 1938, with the last statements. In spite of that, one must be aware of the fact that the other nations will do everything they can to apply pressure on us. We must pass this test of nerves, but because only very few people know the art of withstanding this pressure successfully, the only possible solution is to inform only a very small circle of officers of news that causes us anxiety, and not to have it circulate through anterooms as heretofore.
“1800 hours to 2100 hours: Conference with Chief of High Command of Armed Forces and Chief of General Staff of the Air Force. (Present were General Jeschonnek, Kammhuber, Sternburg, and myself). We agree about the promulgation of the X-Day order”—X-Befehl—“(X-1, 4 o’clock) and pre-announcement to the Air Force (X-Day minus 1”—X minus 1 day—“7 o’clock). The ‘Y’ time has yet to be examined; some formations have an approach flight of one hour.”
Late on the evening of the following day, 9 September, Hitler met with Defendant Keitel and Generals Von Brauchitsch and Halder at Nuremberg. Dr. Todt, the construction engineer, later joined this conference, which lasted from 10 in the evening until 3:30 the following morning. Schmundt’s minutes on this conference are Item 19 in the large Schmundt file, on Pages 41 to 43 of Document 388-PS.
In this meeting General Halder reviewed the missions assigned to four of the German armies being committed to the attack, the 2d, the 10th, the 12th and the 14th German Armies. With his characteristic enthusiasm for military planning, Hitler then delivered a soliloquy on strategic considerations, which should be taken into account as the attack developed. I shall quote only four paragraphs, beginning with the summary of General Von Brauchitsch’s remarks, on the bottom of Page 42:
“General Oberst Von Brauchitsch: ‘Employment of motorized divisions was based on the difficult rail situation in Austria and the difficulties in getting other divs’ ”—that is for divisions—“ ‘ready to march into the area at the right time. In the West vehicles will have to leave on the 20th of September, if X-Day remains as planned. Workers leave on the 23d, by relays. Specialist workers remain according to decision by Army Command II.’
“The Führer: ‘Does not see why workers have to return home as early as X-11. Other workers and people are also on the way on mobilization day. Also the railroad cars will stand around unnecessarily later on.’
“General Keitel: ‘Workers are not under the jurisdiction of district commands in the West. Trains must be assembled.’
“Von Brauchitsch: ‘235,000 men RAD (Labor Service) will be drafted, 96 construction battalions will be distributed (also in the East). 40,000 trained laborers stay in the West.’ ”
From this day forward the Nazi conspirators were occupied with the intricate planning which is required before such an attack. On 11 September Defendant Jodl conferred with a representative of the Propaganda Ministry about methods of refuting German violations of international law and of exploiting those of the Czechs. I read the 11 September entry in the Jodl diary at Page 5 of the English translation of 1780-PS:
“In the afternoon conference with Secretary of State Hahnke, for the Ministry of Public Enlightenment and Propaganda on imminent common tasks. These joint preparations for refutation”—Widerlegung—“of our own violations of international law, and the exploitation of its violations by the enemy, were considered particularly important.”
This discussion developed into a detailed study compiled by Section L, that is, Jodl’s section of the OKW.
I now offer in evidence Document C-2 as Exhibit USA-90, which is a carbon copy of the original, signed in pencil. Seven copies of this captured document, as it shows on its face, were prepared and distributed on 1 October 1938 to the OKH, the OKM, the Luftwaffe, and the Foreign Office.
In this study anticipated violations by Germany of international law in connection with the invasion of Czechoslovakia are listed and counterpropaganda suggested for the use of the propaganda agencies. It is a highly interesting top-secret document and with a glance at the original you can see the careful form in which the study of anticipated violations of international law and propagandists refutations thereof were set out.
The document is prepared in tabular form, in which the anticipated instances of violation of international law are listed in the left hand column. In the second column are given specific examples of the incidents. In the third and fourth column the position to be taken toward these incidents, in violation of international law and in violation of the laws of warfare, is set forth.
The fifth column, which in this document unfortunately is blank, was reserved for the explanations to be offered by the Propaganda Minister. I first quote from the covering letter:
“Enclosed is a list drawn up by Section L of the OKW, of the violations of international law which may be expected on the part of fighting troops.
“Owing to the short time allowed for the compilation, Columns c-1 and c-2 had to be filled in directly therefore, for the time being.
“The branches of the Armed Forces are requested to send in an opinion so that a final version may be drawn up.
“The same is requested of the Foreign Office.
“The Chief of the Supreme Command of the Armed Forces.
“By order”—signed—“Bürckner.”
I am sorry that I perhaps cannot take the time to read extensively from this document. I shall confine myself to reading the first 10 hypothetical incidents for which justification must be found from the second column, Column b of the table:
“First: In an air raid on Prague the British Embassy is destroyed.
“Second: Englishmen or Frenchmen are injured or killed.
“Third: The Hradschin is destroyed in an air raid on Prague.
“Fourth: On account of a report that the Czechs have used gas, the firing of gas projectiles is ordered.
“Fifth: Czech civilians, not recognizable as soldiers, are caught in the act of sabotage (destruction of an important bridge, destruction of foodstuffs and fodder) are discovered looting wounded or dead soldiers and thereupon shot.
“Sixth: Captured Czech soldiers or Czech civilians are detailed to do road work or to load munitions, and so forth.
“Seventh: For military reasons it is necessary to requisition billets, foodstuffs, and fodder from the Czech population. As a result, the latter suffer from want.
“Eighth: Czech population is, for military reasons, compulsorily evacuated to the rear area.
“Ninth: Churches are used for military accommodations.
“Tenth: In the course of their duty, German aircraft fly over Polish territory where they are involved in an air battle with Czech aircraft.”
From Nuremberg on the 10th of September, Hitler issued an order bringing the Reichsarbeitsdienst (the German Labor Service) under the OKW. This top-secret order . . .
THE PRESIDENT: Are you passing from that document now?
MR. ALDERMAN: Yes.
THE PRESIDENT: Would you read the classification with reference to gas?
MR. ALDERMAN: Perhaps I should, Sir.
THE PRESIDENT: It is number 4.
MR. ALDERMAN: Incident number 4?
THE PRESIDENT: Yes.
MR. ALDERMAN: Well, number 4 was the supposed incident. “On account of a report that the Czechs have used gas, the firing of gas projectiles is ordered.” Under the column, “Attitude of International Law Group”:
“According to the declaration agreed to in June 1925 by 40 states, including Czechoslovakia, the employment of poison gases, chemical warfare agents, and bacteriological substances is expressly forbidden. Quite a number of states made the reservation to this declaration on the prohibition of gas warfare.”
Then, under the column headed “Justification by the Laws of War”:
“If the assertion, that the opponent—in this case the Czechs—used a prohibited gas in warfare, is to be believed by the world, it must be possible to prove it. If that is possible, the firing of gas projectiles is justified, and it must be given out in public that it can be proved that the enemy was the first to violate the prohibition. It is therefore particularly important to furnish this proof. If the assertion is unfounded or only partially founded, the gas attack is to be represented only as the need for carrying out a justified reprisal, in the same way as the Italians did in the Abyssinian war. In this case, however, the justification for such harsh reprisals must also be proved.”
From Nuremberg on the 10th of September, Hitler issued an order bringing the Reichsarbeitsdienst (the German Labor Service) under the OKW . . .
THE PRESIDENT: There is another short passage which seems to be material.
MR. ALDERMAN: I was very much tempted to read the whole document.
THE PRESIDENT: The justification of number 10.
MR. ALDERMAN: Number 10 was, “In course of their duty, German aircraft fly over Polish territory where they are involved in an air battle with Czech aircraft.”
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.