Afternoon Session
MR. ROBERTS: May it please the Tribunal, I had got to the commencement of the alleged aggression against Czechoslovakia; and the Tribunal will remember that the leading exhibit on that matter is the file 388-PS, Exhibit Number USA-26, the “Fall Grün” file. My Lords, that file, in my submission, contains copious evidence against both Keitel and Jodl, showing that they were taking the natural part of the Chief of the Supreme Command of the Armed Forces and the head of the Operations Staff.
May I remind the Tribunal of Item 2. I do not want to read any of these. I might just refer to the notes of a meeting on the 21st of April 1938. The important thing to notice is that Keitel and the Führer met alone, showing the intimate connection between Keitel and the Führer. And it was at that meeting that preliminary plans were discussed, including the possibility of an incident, namely, the murder of the German Ambassador at Prague.
Item 5 in that file, dated the 20th of May 1938, shows the plans for the political and the military campaign against Czechoslovakia, issued by Keitel.
Item 11, dated the 30th of May 1938, is the directive signed by Keitel for the invasion of Czechoslovakia, with the date given as the 1st of October 1938.
There are many items which are initialed by Jodl—Item 14 and Item 17, to mention only two.
Perhaps, for the purpose of the note, I should mention the others: Items 24, 36, and 37.
There is the directive, Items 31 and 32, dated the 27th of September 1938, signed by Keitel, enclosing orders for secret mobilization.
Jodl’s diary, Document 1780-PS, contains many references to the forthcoming aggression, particularly the 13th of May and the 8th of September; and there is a very revealing entry on the 11th of September in Jodl’s diary, 1780-PS, in which he says. . .
THE PRESIDENT: Will you give us the date?
MR. ROBERTS: I beg Your Lordship’s pardon; 11th of September 1938.
“In the afternoon conference with Secretary of State Hahnke, from the Ministry of Public Enlightenment and Propaganda, on the imminent common tasks. The joint preparations for refutation of our own violations of international law and the exploitation of its violations by the enemy were considered particularly important.”
I emphasize those words, “our own violations of international law.”
My Lords, as a result of that conference the Document C-2, which was referred to by my learned leader, Sir David, was prepared, which the Tribunal will remember has in parallel columns the possible breach of international law and the excuse which is then going to be given for it. It was referred to so recently that I need not refer to it again.
My Lords, I respectfully submit on that branch of the case that there is an overwhelming case that Keitel and Jodl played an important, indeed a vital part, in the aggression against Czechoslovakia which led up to the Pact of Munich.
My Lords, after the Pact of Munich was signed, as has been pointed out many times, the Nazi conspirators at once set about preparations for annexing the remainder of Czechoslovakia.
My Lords, at this point Jodl disappears from the scene for a time, because he goes to do some regimental soldiering as artillery general in Austria—artillery general of the 44th Division—and so it cannot be said that there is any evidence against him from the Munich Pact until the 23rd of August 1939, when he is recalled on the eve of the Polish invasion to take up his duties once more as chief of the operational staff of OKW.
So far as Keitel is concerned, on the 21st of October 1938, less than a month after the Munich Pact, he countersigned Hitler’s order to liquidate the rest of Czechoslovakia and to occupy Memel—Document C-136, Exhibit Number USA-104.
On the 24th of November 1938, Document C-137, Exhibit Number GB-33, Keitel issues a memorandum about the surprise occupation of Danzig.
On the 17th of December 1938, Document C-138, Exhibit Number USA-105, he signs an order to the lower formations: “Prepare for the liquidation of the rest of Czechoslovakia.” Those preparations were made.
On the 15th of March 1939 Keitel, who—I again repeat—was more than a mere soldier, was present at the midnight conference between the Führer and Hacha, President of Czechoslovakia, when, under a threat of bombing Prague, Hacha surrendered the rest of his country to the Germans. I refrain from referring to the contents of the minutes, which have been read many times already.
My Lords, so that milestone is past. And again I submit, in all that aggression it is clear that Keitel was playing a vital part as Hitler’s right-hand man, commanding all the armed forces under him.
I now pass to the Polish aggression. Keitel was present at the meeting at the chancellery on the 23rd of May 1939, Document L-79, Exhibit Number USA-27, when it was said—just a few words so familiar: Danzig was not the subject of the dispute; Poland was to be attacked at the first suitable opportunity; Dutch and Belgian air bases must be occupied; declarations of neutrality were to be ignored.
The directive for “Fall Weiss”, the invasion of Poland, is Document C-120(a), Exhibit GB-41. The date is the 3rd of April 1939. The Tribunal will remember the plans were to be submitted to OKW by the 1st of May, and the forces were to be ready for invasion by the 1st of September. And that directive is signed by Keitel.
Document C-126, Exhibit GB-45, is a follow-up of that previous directive. It is dated the 22d of June 1939. The need for camouflage is emphasized; and it is stated, “Do not disquiet the population.” That is signed by Keitel.
On the 17th of August 1939, Document 795-PS, Exhibit GB-54, Keitel has a conference with Admiral Canaris about the supplying of Polish uniforms to Heydrich; and it will be noticed in the last paragraph of the note that Admiral Canaris is against the war, and Keitel argues in favor of it. And Keitel made the prophecy that Great Britain would not enter the war.
I submit that Keitel’s vital part, again, in the preparation for the aggression against Poland is clearly established beyond possibility of dispute.
Jodl, as I have said to the Tribunal, was recalled on the 23rd of August, as seen in his diary entry, Document 1780-PS, where he says that he is recalled to take charge of the Operations Staff. He says:
“Received order from armed forces high command to proceed to Berlin and take over position of Chief of Armed Forces Executive Office.”—And then—“1100 hours to 1330 hours—discussion with Chief of Armed Forces High Command. X-Day has been announced for the 26th of August. Y-Time has been announced for 0430 hours.”
And I submit that the Tribunal can infer the importance of Jodl to this conspiracy from the fact that on the eve of the war he is recalled to Berlin to take his place at the head of the operational staff of the Supreme Command.
So Poland was invaded, and before I pass to the next aggression may I just point out that, according to the evidence of General Lahousen, if the Tribunal accepts it on this point, Keitel and Jodl were in the field with Hitler on the 10th of September 1939. That is in the shorthand notes, Pages 617 and 618 (Volume II, Pages 447 and 448). I don’t suppose there will be any dispute that the head of the High Command and the Chief of his Operational Staff were in the field.
My Lord, I pass now to Norway and Denmark. So far as both are concerned we see from Document C-64, Exhibit GB-86, that on the 12th of December 1939 Keitel and Jodl were both present at Hitler’s conference with Raeder when the invasion of Norway was discussed; and Keitel’s direct responsibility to those operations is shown in my submission by Document C-63, Exhibit GB-87, in which Keitel says that the operations against Norway will be “under my direct and personal guidance.” And he sets up a planning staff of OKW for the carrying out of those operations.
Jodl’s knowledge and complicity, in my submission, are clearly shown also from the entries in his own diary—Document 1809-PS. That is the second part of his diary. And the Tribunal will remember the entry of the 13th of March 1940, in which he records that the Führer was still looking for an excuse for the “Weser” operations. That is the 13th of March, My Lord, 1809-PS:
“The Führer does not give the order yet for Weser. He is still looking for an excuse.”
And then, on the 14th of March, “Führer has not yet decided what reason to give for Weser Exercise,” which, in my submission, if I may be allowed to make a short comment, shows up in a lurid light the code of honor of the military leaders of Germany—still looking for an excuse.
My Lord, then, as we know, Norway was attacked unawares; and then subsequently lying excuses were given.
My Lord, the invasion of the Low Countries and Luxembourg equally, in my submission, is clearly shown by the documents to have been controlled and directed by Keitel with Jodl’s assistance. The Tribunal already have a note of the conference in May of the lands to be occupied—Document L-79. Document C-62, Exhibit GB-106, is a directive, signed “Hitler,” on the 9th of October 1939 and another directive, signed “Keitel,” on the 15th of October. C-62 comprises two documents, the 9th of October and 15th of October—two directives, one signed “Hitler” and one signed “Keitel”—both giving orders for the occupation of Holland and Belgium.
My Lord, Document C-10, Exhibit GB-108, dated the 8th of November, is Keitel’s operation orders for the 7th Parachute Division to make an airborne landing in the middle of Holland.
Document 440-PS, Exhibit GB-107, dated the 20th of November 1939, signed “Keitel,” is a further directive for the invasion of Holland and Belgium.
Document C-72, Exhibit GB-109, 7th of November 1939, the 10th of May 1940, 18 letters—11 signed by Keitel, 7 signed by Jodl: “The Führer is postponing A-Day because of the weather.”
My Lord, Jodl’s diary is also eloquent on that subject. That is Document 1809-PS. Several entries—perhaps I need not refer to them again—relating to these forthcoming operations, culminating with the one on the 8th of May, which perhaps the Tribunal will remember, when Jodl says, “Alarming information from Holland,” and he expresses righteous indignation that the wicked Dutchmen should erect roadblocks and make mobilization preparations.
My Lord, and so those three neutral countries were invaded, and I submit there is copious and overwhelming evidence that these men were in charge of the military organizations which made those invasions possible.
My Lord, I pass now to the planning for the aggression against Greece and Yugoslavia. Document PS-1541, Exhibit GB-117, dated 13th of December 1940, Hitler’s order for “Marita,” the operation against Greece, signed by Hitler, and a copy to Keitel, namely, OKW.
Document 448-PS, Exhibit GB-118, 11th of January 1941: Keitel initialed a Hitler order for the Greek operation.
Document C-134, Exhibit GB-119, 20th of January 1941: Both Keitel and Jodl are present at the conference with Hitler, Mussolini, and others when the operations against Greece and Yugoslavia are discussed.
Document C-59, Exhibit GB-121, 19th of February 1941: The dates of the operations against Marita are filled in by Keitel.
Document 1746-PS, Exhibit GB-120, 27th of March 1941: A conference with Hitler, Keitel, and Jodl present; the decision to attack and destroy Yugoslavia is announced, and the Führer said: “I am determined to destroy Yugoslavia. I shall use unmerciful harshness to frighten other neutrals”—and these two soldiers were present when that was said.
My Lord, I submit that on that the complicity of these two men for that aggression is amply proved.
My Lord, I pass to Barbarossa—Document 446-PS, Exhibit USA-131, dated 18th of December 1940—Hitler’s order for the Barbarossa operation, initialed by Keitel and Jodl. Hitler says, the Tribunal will remember, that he intends to overthrow Russia in a single rapid campaign.
Document 872-PS, Exhibit USA-134, 3rd of February 1941: A discussion with Hitler, Keitel, and Jodl re: Barbarossa and “Sonnenblume”—North African suggestions. Hitler said, “When Barbarossa commences, the world will hold its breath and make no comments.”
Then, Document 447-PS, Exhibit USA-135, dated 13th of March 1941: That is an operation order signed by Keitel re: the administration of the areas which were to be occupied; showing again that Keitel was more than a mere soldier; this is civil administration.
Document C-39, Exhibit USA-138, 6th of June 1941: Timetable for Barbarossa, signed by Keitel, and Jodl gets a sixth copy.
Document C-78, Exhibit USA-139, 9th of June 1941, is Hitler’s order to Keitel and Jodl to attend the pre-Barbarossa conference on the 14th of June 1941, 8 days before the operation.
My Lord, on those facts and documents on the position of these two defendants, again I respectfully submit their participation in this aggression is overwhelmingly proved.
My Lord, the last aggression is with regard to the provoked persuasion of Japan to commit an aggression against the United States of America. My Lord, there are two key documents; and both Keitel and Jodl are implicated by both of them. My Lord, the first is Document C-75, Exhibit USA-151, dated 5th of March 1941. It is an OKW order signed by Keitel, copy to Jodl. “Japan must be induced to take positive action as soon as possible” is a quotation from it.
Document C-152, Exhibit GB-122, 18th of March 1941: The meeting between Hitler, Raeder, Keitel, and Jodl—Japan to seize Singapore. That is the relevant extract on that.
My Lord, on those acts of aggression and those preparations for aggression, I submit that the case against these two men is overwhelming. It is clear, in my submission, that there could be no defense open to them except that they were obeying the orders of a superior. That defense is not open to them under this Charter. No doubt all these wicked schemes germinated in the wicked brain of Hitler, but he could not carry them out alone. He wanted men nearly as wicked and nearly as unscrupulous as himself.
My Lord, I now pass very rapidly to the question of War Crimes and Crimes against Humanity. My Lord, it has already been proved that Keitel signed the “Nacht und Nebel” decrees, committing persons to incarceration in Germany where all trace of them was lost. That is Document L-90, Exhibit USA-503.
There is one fresh document that I desire to put in. Colonel Telford Taylor put in Document C-50, Keitel’s order as to ruthless action in the Barbarossa campaign. There is one complementary document to that, Document C-51, which is Exhibit GB-162, Keitel’s order dated the 27th of July 1941:
“In accordance with the regulations concerning classified material the following offices will destroy all copies of the Führer’s decree of 13 May 1941”—that is C-50, the Barbarossa decree—“in the communication mentioned above:
“a) All offices up to the rank of ‘general commands’ inclusive;”—My Lord, that means that corps commanders and downwards should destroy copies—“b) group commands of the armored troops”—that again means offices of the armed corps below the rank of corps commanders should destroy the copies—“c) army commands and offices of equal rank, if there is an inevitable danger that they might fall into the hands of unauthorized persons.”
That is to say that even higher generals, if the war approaches closely to them, should destroy these documents rather than risking any chance of their being captured.
“The validity of the decree is not affected by the destruction of the copies. In accordance with Paragraph III, it remains the personal responsibility of the commanding officers to see to it that the offices and legal advisers are instructed in time and that only these sentences are confirmed which correspond to the political intentions of the Supreme Command.”
That was with regard to German soldiers not being tried by court-martial for offenses against Soviet troops: “This order will be destroyed together with the copies of the Führer’s decree.”
My Lord, I submit that the anxiety on the part of the OKW, presided over by Keitel, to destroy that—I suggest an illegal order; a barbarous order—is significant.
My Lord, I desire now to put in another document which is almost the last document in the bundle, UK-20. Your Lordship will find it flagged at the end of the bundle. It is from the Führer’s headquarters, 26th of May 1943. It says:
“Re: Treatment of supporters of De Gaulle who fight for the Russians.
“French airmen serving in the Soviet forces have been shot down on the Eastern Front for the first time. The Führer has ordered that employment of French troops in the Soviet forces is to be counteracted by the strongest means.
“It is therefore ordered:
“1) Supporters of De Gaulle who are taken prisoner on the Eastern Front will be handed over to the French Government for proceedings in accordance with OKW order. . . .”
And then I read Paragraph 3:
“Detailed investigations are to be made in appropriate cases against relatives of Frenchmen who fight for the Russians, if these relatives are resident in the occupied area of France. If the investigation reveals that relatives have given assistance to facilitate escape from France, then severe measures are to be taken.”
My Lord, I offer that as Exhibit GB-163.
My Lord, there is a document which I feel I should put in, which is the next document in the bundle. It is Document UK-57, Exhibit GB-164. This is the last document, I think, in the bundle. My Lord, it is from the Ausland Abwehr—I believe it is from the intelligence foreign department. It is to the OKW and it is signed the 4th of January 1944. My Lord, the heading is “Re: Counteraction to Kharkov ‘trial.’ ” Paragraph 2 is all that I read:
“The documents concerning ‘commandos’ have been asked for and thoroughly investigated by the Reich Security Main Office. In five cases members of the British Armed Forces were arrested as participants. Thereupon they were shot in compliance with the order from the Führer. It would be possible to attribute to them breaches of international law and to have them posthumously sentenced to death by a Tribunal. Up to the present no breaches of international law could be proved against commando participants.”
My Lord, I read no more, and I submit that that is clearly an admission of murder, not warfare at all.
My Lord, Keitel’s comments are to be found in the top left-hand corner of that document:
“We want documents on the basis of which we can institute similar proceedings. They are reprisals which have no connection with battle actions. Legal justifications are superfluous.”
THE PRESIDENT: Is that not at the top signed by Keitel?
MR. ROBERTS: It is typewritten in the office copy which is the original.
THE PRESIDENT: There is no actual signature?
MR. ROBERTS: No.
THE TRIBUNAL (Mr. Biddle): How does it connect with Keitel then?
MR. ROBERTS: “Vermerk Chef OKW”—that is “note of the Chief of OKW.”
Now, that is the first minute. My Lord, the second minute is on the same subject, and it is dated the 6th of January 1944; and there is a large red Keitel “K” initialed on the top of this letter, showing that he got it. My Lord, the first paragraph deals with two officers who were then at Eichstätt Camp in Bavaria. My Lord, there is no importance in that paragraph, because those two officers are still alive.
The second paragraph:
“Attempted attacks on the battleship Tirpitz.
“At the end of October ’42 a British commando that had come to Norway in a cutter had orders to carry out an attack on the battleship Tirpitz in Drontheim Fjord by means of a two-man torpedo. The action failed since both torpedoes which were attached to the cutter were lost in the stormy sea. From the crew consisting of six Englishmen and four Norwegians, a party of three Englishmen and two Norwegians were challenged on the Swedish border. However, only the British seaman Robert Paul Evans, born 14 January ’22 at London, could be arrested . . . the others escaped into Sweden.
“Evans had a pistol pouch in his possession such as are used to carry weapons under the armpit and also a knuckle-duster. Violence, representing a breach of international law, could not be proved. He has made extensive statements about the operation. In accordance with the Führer’s order he was shot on 19 January ’43.”
Again I submit, that is murder. Violence representing a breach of international law could not be proved.
My Lord, then the third paragraph:
“Blowing up of the Glomfjord power station.
“On 16 September ’42, 10 Englishmen and two Norwegians landed on the Norwegian coast dressed in the uniform of the British Mountain Rifle Regiment, heavily armed and equipped with explosives of every description. After negotiating difficult mountain country they blew up important installations in the power station Glomfjord on 21 September ’42. The German sentry was shot dead on that occasion. Norwegian workmen were threatened that they would be chloroformed should they resist. For this purpose the Englishmen were equipped with morphia syringes. Several of the participants have been arrested while the others escaped into Sweden.
“Those arrested are: Captain Graeme Black, born 9 May ’11 in Dresden; Captain Joseph Houghton, born 13 June ’11 at Bromborough; Sergeant-major Miller Smith, born 2 November ’15 at Middlesborough; Corporal William Chudley, born 10 May ’22 at Exeter; Rifleman Reginald Makeham, born 28 January ’14 at Ipswich; Rifleman Cyril Abram, born 20 August ’22 in London; Rifleman Eric Curtis, born 24 October ’21 in London. They were shot on 30 October ’42.”
Again there is no suggestion that there was any breach of international law. They were British seamen and they were in uniform.
Then Paragraph 4:
“The sabotage attack against German ships off Bordeaux.
“On 12 December ’42, a number of German ships off Bordeaux were seriously damaged by explosives below water-level. The adhesive mines had been fixed by five English sabotage gangs working from canoes. Of the 10 participants the following were arrested after a few days. . . .”
Then there followed six names, six British names—one an Irishman; a lieutenant, a petty officer, a sergeant, and three marines.
“A seventh soldier named Moffett was found drowned; the remainder apparently escaped into Spain.
“The participants proceeded in pairs from a submarine in canoes upstream into the mouth of the River Gironde. They were wearing olive grey special uniforms. After effecting the explosions they sank the boats, and attempted to escape into Spain in civilian clothes, with the assistance of the French civilian population. No special criminal actions during the flight have been discovered. All the arrested, in accordance with orders, were shot on 23 March 1943.”
Keitel initialed that document. That document, read by my learned leader Sir David Maxwell-Fyfe not so long ago, is Document Number 735-PS, quoting Keitel as saying, “I am against legal procedure. It does not work out.”
THE PRESIDENT: Would you read the Page 5 which follows that?
MR. ROBERTS: If it will please the Tribunal, that is what I shall do. Page 5:
“The Führer’s headquarters, 9 January 1944. The Chief of OKW has handed the Deputy Chief”—that ought to be WFSt, that is Jodl—“the enclosed letter with the following account:
“It is of no importance to establish documentary proof of breaches of international law. What is important, however, is the collection of material suitable for a propaganda presentation of a display trial. A display trial as such is therefore not meant actually to take place but merely to be a propaganda presentation of cases of breaches of international law by enemy soldiers, who will be mentioned by name and who have already either been punished with death or are awaiting the death penalty. The Chief of the OKW asks the Chief of the Foreign Department to bring with him pertinent documents for his next visit to the Führer’s headquarters.”
As the Tribunal heard from my learned friend, Sir David Maxwell-Fyfe, when he read Document 735-PS earlier today, Keitel said, “I am against legal procedure. It does not work out.”
One can agree with Keitel after having read that record of what, in my submission, is cold-blooded murder of brave men, brave soldiers and sailors who were fighting for their country; and although this Trial has a record of the death of brave men, of the murder of brave men, there are few cases which are more poignant than those shown in the documents to which I have just referred.
I have finished my presentation of the case against Keitel and against Jodl. So far as Jodl’s part in the War Crimes and Crimes against Humanity is concerned, he figures much less than Keitel. Of course, he had no power of giving orders or directives, but we see that he at any rate signed and circulated an infamous order of the Führer saying that commandos ought to be shot and are not to be treated as prisoners of war at all.
In my submission the evidence against these two men is overwhelming and their conviction is demanded by the civilized world.
Your Lordships, Mr. Walter W. Brudno of the American Delegation will present the case against Alfred Rosenberg.
MR. WALTER W. BRUDNO (Assistant Trial Counsel for the United States): May it please the Tribunal, in connection with the case against the Defendant Rosenberg, I wish to offer the document book designated as United States Exhibit EE. This book contains the English translation of all the documents which I will offer into evidence, as well as the English translation of those documents previously offered to which I will refer. The documents are arranged by series in the order of C, L, R, PS, and EC, and they are arranged numerically within each series.
Your Honors will note that on the first four pages of the document book there appears a descriptive list of documents. This list is a tabulation of all the documents directly implicating Rosenberg, including those previously offered, and those which I will offer into evidence. Those previously offered are keyed to the transcript page of the Record, and to their exhibit numbers. The list is included in the document books. The list is included in the document books made available to the Defense. This list will gather together in one place all references to the Defendant Rosenberg which are in the Record up to this point. In order to avoid repetition, I will not refer to a great many of the documents previously introduced.
The Indictment at Page 29 (Volume I, Page 70) charges the Defendant Rosenberg under all four Counts of the Indictment. In the presentation which follows, I will show that as charged in Count One, Section IV, Subparagraph D, Rosenberg played a particularly prominent role in developing and promoting the doctrinal techniques of the conspiracy, in developing and promoting beliefs and practices incompatible with Christian teaching, in subverting the influence of the churches over the German people, in pursuing the program of relentless persecution of the Jews, and in reshaping the educational system in order to make the German people amenable to the will of the conspirators and to prepare the people psychologically for waging an aggressive war.
I will also show that Rosenberg played an important role in preparing Germany for the waging of aggressive war through the direction of foreign trade, as charged in Count One, Subparagraph E, of the Indictment, and that his activities in the field of foreign policy contributed materially toward the preparation for the aggression charged in Subparagraph F in the Indictment and the Crimes against Peace, as charged in Count Two.
Finally I will show that Rosenberg participated in the planning and direction of the War Crimes and Crimes against Humanity, as specified in Paragraph G of Count One of the Indictment. Particularly, he participated in the planning and direction of the spoliation of art treasures in the western countries and in the numerous crimes committed in that part of the eastern countries formerly occupied by the U.S.S.R.
The political career of the Defendant Rosenberg embraced the entire history of National Socialism and permeated nearly every phase of the conspiracy with which we are concerned. In order to obtain a full conception of his influence upon and participation in the conspiracy, it is necessary to review briefly his political history, and to consider each of his political activities in their relation to the thread of the conspiracy which stretches from the inception of the Party in 1919 to the defeat of Germany in 1945.
It is both interesting and revealing to note that for Rosenberg the 30th of November 1918 marked the “beginning of political activities with a lecture about the ‘Jewish Problem.’ ” That statement is found at Line 2 of the translation of Document 2886-PS, which is an excerpt from a book entitled, The Work of Alfred Rosenberg, a biography, and I offer this book as Exhibit Number USA-591.
From the Document 3557-PS, which has excerpts from an official pamphlet entitled Dates in the History of the NSDAP, and which I offer as Exhibit Number USA-592, we learn that Rosenberg was a member of the German Labor Party, afterwards the National Socialist German Workers Party, in January 1919 and that Hitler joined forces with Rosenberg and his colleagues in October of the same year. Thus, Rosenberg was a member of the National Socialist movement even before Hitler himself.
Now I wish to offer Document 3530-PS, which is an extract from Das Deutsche Führer Lexikon, the year of 1934-35, and I offer it as Exhibit Number USA-593. In this document we obtain additional biographical data on Rosenberg as follows:
“From 1921 until the present he was editor of the Völkische Beobachter; editor of the N. S. Monatshefte; in 1930, he became member of the Reichstag and representative of the foreign policies for the Party . . . since April 1933 he was leader of the foreign political office of the NSDAP, then designated Reichsleiter; in January 1934, deputized by the Führer for the supervision of the ideological education of the NSDAP, the German labor front, and all related organizations.”
The Document 2886-PS, which I have just referred to, offered as Exhibit Number USA-591, adds that in July 1941 Rosenberg was appointed Reich Minister for the Occupied Eastern Territories.
With this general background information in mind the first phase of proof will deal with Rosenberg as official National Socialist ideologist. The proof which I will present will show the nature and scope of the ideological tenets he expounded, and the influence he exerted upon the unification of German thought, a unification which was an essential part of the conspirators’ program for the seizure of power and preparation for aggressive war.
Rosenberg wrote extensively on, and actively participated in, virtually every aspect of the National Socialist program. His first publication was the Nature, Basic Principles, and Aims of the NSDAP. This publication appeared in 1922. Rosenberg spoke of this book in a speech which we have seen and heard delivered in the motion picture previously introduced as Exhibit Number USA-167. On Page 2, Part 1, of the transcription of the speech, which is our Document Number 3054-PS, Rosenberg stated as follows:
“During this time”—that is, during the early phase of the Party—“I wrote a short thesis which nevertheless is significant in the history of the NSDAP.”—This is Rosenberg speaking.—“It was always being asked what points of program the NSDAP had and how they were to be interpreted. Therefore I wrote the Nature, Basic Principles, and Aims of the NSDAP, and this writing made the first permanent connection for Munich and local organizations being created and friends within the Reich.”
We thus see that the original draftsman of, and spokesman on, the Party program was the Defendant Rosenberg. Without attempting to survey the entire ideological program advanced by the Defendant Rosenberg in his various writings and speeches, which are very numerous, I wish to offer into evidence certain of his statements as an indication of the nature and broad scope of the ideological program which he championed. It will be seen that there was not a single basic tenet of the Nazi philosophy which was not given authoritative expression by Rosenberg. Rosenberg wrote the book entitled Myth of the Twentieth Century, published in 1930. This book has already been offered as Exhibit USA-352. At Page 479, which Your Honor will find on the second page of Document 3553-PS, Rosenberg wrote on the race question as follows:
“The essence of the contemporary world revolution lies in the awakening of the racial type; not in Europe alone but on the whole planet. This awakening is the organic counter movement against the last chaotic remnants of the liberal economic imperialism, whose objects of exploitation out of desperation have fallen into the snare of Bolshevik Marxism, in order to complete what democracy had begun, the extirpation of the racial and national consciousness.”
Rosenberg expounded the Lebensraum idea, which idea was the chief motivation, the dynamic impulse behind Germany’s waging of aggressive war. In his journal, the National Socialist Monatshefte, for May 1932, which I wish to offer as Exhibit Number USA-594, our Document Number 2777-PS, he wrote at Page 199:
“The understanding that the German nation, if it is not to perish in the truest sense of the word, needs ground and soil for itself and its future generations; and the second sober perception that this soil can no more be conquered in Africa, but in Europe and first of all in the East—these organically determine the German foreign policy for centuries.”
Rosenberg expressed his theory as to the place of religion in the National Socialist State in his Myth of the Twentieth Century, additional excerpts from which are cited in Document 2891-PS. At Page 215 of the “Myth” he wrote as follows:
“We now realize that the central supreme values of the Roman and the Protestant Churches being a negative Christianity do not respond to our soul, that they hinder the organic powers of the people designated as a Nordic race, that they must give way to them, that they have to be remodelled to conform to a Germanic Christianity. Therein lies the meaning of the present religious search.”
In the place of traditional Christianity, Rosenberg sought to implant the neo-pagan myth of the blood.
THE PRESIDENT: Do you want to break off here for a recess?
MR. BRUDNO: Yes, Your Honor.
[A recess was taken.]
THE PRESIDENT: I have an announcement to make to the defendants’ counsel. In view of the applications which were made to the Tribunal this morning, I immediately ordered on behalf of the Tribunal that an investigation should be made of the complaints made by defendants’ counsel about the delay in the delivery of the transcript of the shorthand notes and such delay will be remedied at once. The investigation shows that transcripts of the sessions up to and including the 20th of December can be completed by this afternoon. The transcripts for the sessions held since the resumption of the Trial will be distributed, up to and including the 8th of January, by tomorrow evening. Hereafter, the German transcripts will be regularly distributed to the Defense Counsel within a period of 48 hours after the session.
MR. BRUDNO: If Your Honors please, when the Court rose I had just read a quotation of Rosenberg, in which he expressed his views on Christianity.
In the place of traditional Christianity, Rosenberg sought to implant the neo-pagan myth of the blood. At Page 114 in the Myth of the Twentieth Century he stated as follows:
“Today, a new faith is awakening; the myth of the blood, the belief that the divine being of mankind generally is to be defended with the blood. The faith embodied by the fullest realization that the Nordic blood constitutes that mystery which has supplanted and overwhelmed the old sacraments.”
Rosenberg’s attitudes on religion were accepted as the only philosophy compatible with National Socialism. In 1940 the Defendant Bormann wrote to Rosenberg in Document 098-PS, which has been previously introduced as Exhibit Number USA-350; and I quote:
“The churches cannot be conquered by a compromise between National Socialism and Christian teachings but only through a new ideology, whose coming you, yourself, have announced in your writings.”
Rosenberg actively participated in the program for elimination of church influence. The Defendant Bormann frequently wrote Rosenberg in this regard, furnishing him information as to proposed action to be instituted against the churches; and, when necessary, requesting that action be taken by Rosenberg’s department. I refer to documents introduced in connection with the case against the Leadership Corps, such documents as 070-PS, Exhibit Number USA-349, which deals with abolition of religious services in the schools; Document 072-PS, Exhibit Number USA-357, dealing with confiscation of religious property; Document 064-PS, Exhibit Number USA-359, which deals with the inadequacy of anti-religious material being circulated to the soldiers; Document 089-PS, Exhibit Number USA-360, dealing with curtailment of the publication of Protestant periodicals; and Document 122-PS, which is Exhibit Number USA-362, dealing with the closing of theological faculties.
Rosenberg was particularly avid in his pursuit of what he called the “Jewish question.” On the 28th of March 1941, on the occasion of the opening of the Institute for the Exploration of the Jewish Question, he set the keynote for its activities and indicated the direction which the exploration was to take. I would like to quote from Document 2889-PS, which I offer as Exhibit Number USA-595. This is an excerpt from the Völkischer Beobachter, 29th of March 1941. This is a statement made by Rosenberg on the occasion of the opening of the institute.
“For Germany the Jewish question is only then solved when the last Jew has left the Greater German space.
“Since Germany with its blood and its folkdom has now broken for always this Jewish dictatorship for all Europe and has seen to it that Europe as a whole will become free from the Jewish parasitism once more, we may, I believe, also say for all Europeans: For Europe the Jewish question is only then solved when the last Jew has left the European continent.”
It has already been seen that Rosenberg did not overlook any opportunity to put these anti-Semitic beliefs into practice. Your Honors will recall that in Document 001-PS, which was introduced as Exhibit Number USA-282 in connection with the case on persecution of the Jews, Rosenberg recommended that instead of executing 100 Frenchmen as retaliation for attempts on lives of members of the Wehrmacht, there be executed 100 Jewish bankers, lawyers, et cetera. The recommendation was made with the avowed purpose of awakening the anti-Jewish sentiment.
Document 752-PS, which was introduced this morning by Sir David Maxwell-Fyfe as Exhibit GB-159, discloses that Rosenberg had called an anti-Semitic congress in June 1944, although this congress was cancelled due to military events.
In the realm of foreign policy, in addition to demanding Lebensraum, Rosenberg called for elimination of the Versailles Treaty and cast aside any thought of revision of that treaty. In his book The Nature, Basic Principles, and Aims of the NSDAP, written by Rosenberg in 1922, he expressed his opinions regarding the Treaty of Versailles. Excerpts from this book are translated in Document 2433-PS, and I offer the book as Exhibit Number USA-596. He stated as follows:
“The National Socialists reject the popular phrase of the ‘Revision of the Peace of Versailles’ as such a revision might perhaps bring a few numerical reductions in the so-called ‘obligations’; but the entire German people would still be, just as before, the slave of other nations.”
Then he goes on to expound the second point of the Party:
“We demand equality for the German people with other nations, the cancellation of the peace treaties of Versailles and St. Germain.”
Rosenberg conceived of the spread of National Socialism throughout the world and, as will be subsequently shown, took an active part in promoting the infection of other nations with his creed. In the Nature, Basic Principles, and Aims of the NSDAP he states:
“But National Socialism still believes that its principles and ideology—though in individual methods of fight according to various racial conditions—will be directives far beyond the borders of Germany for the inevitable fights for power in other countries of Europe and America. There too a clear line of thought must be drawn, and the racial-nationalistic fight against the everywhere-similar loan-capitalistic and Marxist-internationalism must be taken up. National Socialism believes that once the great world battle is concluded, after the defeat of the present epoch, there will be a time when the swastika will be woven into the different banners of the Germanic peoples as the Aryan symbol of rejuvenation.”
This statement was made in 1922. It is thus seen that the Defendant Rosenberg gave authoritative expression to the basic tenets upon which National Socialism was founded and through the exploitation of which the conspiracy was crystallized in action.
Rosenberg’s value to the conspiratorial program found official recognition with his appointment in 1934 as the Führer’s delegate for the entire spiritual and philosophical education and supervision of the NSDAP. His activities in this capacity were vast and varied.
I now offer in evidence the National Socialist Year Book for the year 1938 as Exhibit Number USA-597. At Page 180 of this book, which is our Document Number 3531-PS, the functions of Rosenberg’s office as the Führer’s delegate are described as follows:
“The sphere of activity of the Führer’s delegate for the entire spiritual and ideological instruction and education of the movement, its organizations, including the ‘Strength through Joy,’ extends to the uniform execution of all the educational work of the Party and of the affiliated organizations. The office set up by Reichsleiter Rosenberg has the task of preparing the ideological education material, of carrying out the teaching program, and is responsible for the education of those teachers suited to this educational and instructional work.”
As the Führer’s delegate, Rosenberg thus supervised all ideological education and training within the Party.
It was Rosenberg’s personal belief that upon the performance of his new functions as ideological delegate depended the future of National Socialism. I offer Document 3532-PS as Exhibit Number USA-598. This is an excerpt from an article by Rosenberg appearing in the March 1934 issue of The Educational Letter. At Page 9 of this publication Rosenberg states:
“The focus of all our educational work from now on is the service for this ideology; and it depends on the result of these efforts, whether National Socialism will die with our fighting generation or whether, as we believe, it really represents the beginning of a new era.”
In his capacity as the Führer’s delegate for the spiritual and ideological training, Rosenberg assisted in the preparation of the curriculum for the Adolf Hitler schools. These schools, it will be recalled, selected the most suitable candidates from the Hitler Jugend and trained them for leadership within the Party. They were the elite schools of National Socialism. The next document, entitled “Documents of German Politics” is already in evidence as Exhibit Number USA-365. Translations of excerpts from this document are found in 3529-PS, Page 389, and read as follows:
“As stated by Dr. Ley, Reich Organization Leader, on 23 November 1937 at Ordensburg Sonthofen, these Adolf Hitler Schools, as the first step of the principle of selecting a special elite, form an important branch in the educational system of the National Socialist training of future leaders. . . .
“ ‘The curriculum has been laid down by Reichsleiter Rosenberg, together with the Reich Organization Leader and the Reich Youth Leader.’ ”
Rosenberg exercised further influence in the education of Party members in the establishment of community schools for all organizations of the Party. Document 3528-PS is a translation of Page 297 of the 1934 edition of Das Dritte Reich, which I offer as Exhibit Number USA-599. It reads as follows:
“We support the request of the Führer’s delegate for the supervision of the entire spiritual and ideological education and instruction of the NSDAP, Party member Alfred Rosenberg, to organize community schools of all organizations of the NSDAP twice a year, in order to show by this common effort the ideological and political unity of the NSDAP and the steadfastness of the National Socialist will.”
This program was endorsed by the Defendant Schirach as well as by Himmler, Ley, and others.
THE PRESIDENT: Aren’t you dealing with this rather in a cumulative way? Isn’t it possible to summarize this evidence against Rosenberg more than you are doing?
MR. BRUDNO: I will try to, Your Honor. However, although the Indictment charges, and there is already substantial proof to show that the defendant conspirators used ideological training as an implement in achieving their rise to power and in consolidating their control, there seems to be little evidence as to Rosenberg’s position; and I am introducing this evidence in order to show that he played a dominant role in this connection. However, I will try to summarize these documents if I can.
THE PRESIDENT: Well, I’ve taken down about 20 documents that you have alluded to, all of which deal with Rosenberg’s ideological theories.
MR. BRUDNO: Yes, Your Honor. I was merely trying to show the scope of his activities.
THE PRESIDENT: Yes.
MR. BRUDNO: Your Honors will recall that it was in his capacity as Führer’s delegate that Rosenberg established the Institute for the Exploration of the Jewish Question in Frankfurt. This institute, commonly known as the “Hohe Schule,” has been referred to in connection with the exposition of art plunders. Into its library there flowed books, documents, and manuscripts which were looted from virtually every country of occupied Europe. Further evidence on this score will be introduced by the prosecutor of the Republic of France.
Your Honors will also recall, and the Record shows at Pages 1671 to 1687 (Volume IV, Pages 81 to 92), that it was as ideological delegate that Rosenberg conducted the fabulous art looting activities of the Einsatzstab Rosenberg, activities which extended to virtually every country occupied by the Germans. I will not attempt to summarize the extent of the plunder and merely refer the Tribunal to Document 1015(b)-PS, which has already been introduced as Exhibit Number USA-385, and Document L-188, which has been introduced as Exhibit Number USA-386. Document 1015(b)-PS details the looting of 21,000 objects of art; Document L-188, the looting of the contents of over 71,000 Jewish homes in the West. This subject, too, will be further developed by the French Prosecutor.
The importance of Rosenberg’s activities as official ideologist of the Nazi Party was not overlooked. In Document 3559-PS, which I wish to introduce as Exhibit Number USA-600—this document, incidentally, is the Hart biography of Rosenberg, entitled Alfred Rosenberg, The Man and His Work—it is stated that Rosenberg won the German National Prize in 1937. The creation of this prize, Your Honors will recall, was the Nazis’ petulant reply to the award of the Nobel Prize to Karl von Ossietzki, an inmate of a German concentration camp. The citation which accompanied the award to Rosenberg reads as follows:
“Alfred Rosenberg has helped with his publications to lay the scientific and intuitive foundation and to strengthen the ideology of National Socialism in the most excellent way. . . . The National Socialist movement, and beyond that, the entire German people will be deeply gratified that the Führer has distinguished Alfred Rosenberg as one of his oldest and most faithful fighting comrades by awarding him the German National Prize.”
The contribution which Rosenberg’s book, the Myth of the Twentieth Century, the foundation of all his ideological propaganda, made in the development of National Socialism, was appraised in a publication Bücher Kunde in 1942. This publication is our Document Number 3554-PS, dated November 1942. I offer it as Exhibit Number USA-601. The first page sets forth an appraisal of the Myth of the Twentieth Century.
THE PRESIDENT: Mr. Brudno, you referred us to the Myth of the Twentieth Century on several occasions.
MR. BRUDNO: Yes, Your Honor.
THE PRESIDENT: We really don’t want to hear any more about it.
MR. BRUDNO: I wish to show that this book is regarded as being one of the pillars of the movement and I wish to show also, Sir, that it had a circulation of over a million copies.
THE PRESIDENT: Well, I think it is absolutely clear from the evidence which has already been given that Rosenberg was enunciating doctrines of the ideology of the Nazi Party; and I don’t think that it is necessary to go any further into details about it.
MR. BRUDNO: Very well. If the Tribunal is satisfied that Rosenberg’s ideas formed the foundation for the National Socialist ideological movement, I will pass on.
THE PRESIDENT: Well, you have already brought out the fact that he was appointed the Führer’s deputy for that purpose; wasn’t he?
MR. BRUDNO: Yes, Your Honor. I shall pass on from that point. I would merely like to make reference, however, to Document 789-PS, which has already been introduced as Exhibit Number USA-23. This document records a meeting between Hitler and his supreme commanders, on which occasion Hitler said, “The building up of our Armed Forces was possible only in connection with the ideological education of the German people by the Party.”
We submit that the contribution which Rosenberg made through formulation and dissemination of National Socialist ideology was fundamental to the conspiracy. As the apostle of neo-paganism, the exponent of the drive for Lebensraum, and the glorifier of the myth of Nordic superiority and as one of the oldest and most energetic Nazi proponents of anti-Semitism, he contributed materially to the unification of the German people behind the swastika. He provided the impetus and the inspiration for the National Socialist movement. His doctrines were responsible for the sublimation of morality and the crystallization of the Nordic dream in the minds of the German people, thereby making them useful tools in the hands of the conspirators and willing collaborators in the prosecution of their criminal plan.
I now pass to the second phase of Rosenberg’s criminal activities—his active contribution toward the preparation for aggressive war through the international activities of the APA, the Foreign Policy Office of the Party.
As previously indicated in my quotation from Das Führer Lexikon, which is Exhibit Number USA-593, Rosenberg became a Reichsleiter, the highest level of rank in the Leadership Corps, and was made chief of the foreign policy office of the Party in April 1933. The organization manual of the Party, Document 2319-PS, which I offer as Exhibit Number USA-602, describes the functions of the APA as including the influencing of public opinion abroad so as to convince foreign nations that Germany desired peace. The far-flung activities of the APA are indicated at Page 14 of the translation of this document and are stated as follows:
“1. The APA is divided into three main offices:
“A. Office for Foreign Areas with its main sections: a) England and Far East; b) Near East; c) southeast; d) north; e) old Orient; f) controls, personnel questions, et cetera.
“B. Office of the German Academic Exchange Service. . . .
“C. Office of Foreign Commerce.
“2. Moreover, there is in the APA a main office for the press service and an educational office.”
The press activities of the APA were designed to influence world opinion in such a manner as to conceal the conspirators’ true purposes and thus facilitate the preparation for waging aggressive war. The activities were carried on, on an ambitious scale. I offer into evidence Document 003-PS, which is entitled A Short Report on the Activities of the APA of the NSDAP. It is Exhibit Number USA-603. The last paragraph on Page 5 of the translation describes the press activities as follows:
“The Press Division of the APA is staffed by persons conversant with all languages to be considered. They examine approximately 300 newspapers daily and deliver to the Führer, the Führer’s deputy, and all other interested offices the condensations of the important trends of the entire world press. . . . The Press Division furthermore maintains an exact record on the prestige of the most important papers and journalists of the world. Many embarrassments during conferences in Germany could have been avoided had one consulted these archives. . . . Further, the Press Division was able to arrange a host of interviews with me as well as conducting a great number of unobjectionable foreign journalists to the various official representatives of Germany.”
And then:
“Hearst then personally asked me to write often about the position of German foreign policy in his papers. This year five detailed articles have appeared under my name in Hearst papers all over the world. Since these articles, as Hearst personally let me know, presented well-founded arguments, he asked me to write further articles for his paper.”
Thus, Rosenberg used his foreign policy office to influence world opinion on behalf of National Socialism.
It is interesting to note in passing that Rosenberg states, at Page 4 of this document, that the Romanian anti-Semitic leader, Cuza, followed his suggestions as—in Rosenberg’s words—“he had recognized in me an unyielding anti-Semite.” We will hear more of this affair shortly.
The nature and extent of the activities of the APA are amply disclosed in a single document. This is the principal document to which I will refer in this phase of the case against Rosenberg. This document bears our Number 007-PS and is entitled, “Report on the Activities of the Foreign Affairs Bureau of the Party from 1933 to 1943.” It is signed by Rosenberg. Portions of Annex 1, attached to the report, have already been read into evidence as Exhibit GB-84. The body of the report and Annex 2 have not been referred to heretofore. As will be seen the document contains a recital of widespread activities in foreign countries. These activities range from the promotion of economic penetration to fomentation of anti-Semitism; from cultural and political infiltration to the instigation of treason. Activities were carried on throughout the world and extended to such widely separated points as the Middle East and Brazil.
Many of the APA’s achievements were brought about through the subtle exploitation of personal relationships. Reading from the middle of the first paragraph on Page 2 of the translation, which refers to activities in Hungary, we learn that:
“The first foreign state visit after the seizure of power took place through the mediation of the foreign policy office. Julius Gömbös, who in former years had himself pursued anti-Semitic and racial tendencies and with whom the office maintained a personal connection, had reached the Hungarian Premier’s chair. . . .”
The APA endeavored to strengthen the war economy by shifting the source of food imports to the Balkans, as stated in Paragraph 3 on Page 2 of the translation:
“Motivated by reasons of war economy, the office advocated the transfer of raw material purchases from overseas to the areas accessible by overland traffic routes.”
Then he goes on to point out that they had successfully shifted the source of food imports, particularly fruit and vegetable imports, to the Balkans as a result of the activities of the offices.
Activities in Belgium, Holland, and Luxembourg were confined, according to the report, to “observation of existing conditions”—a phrase which may have broad connotations—and “to the establishment of relations, especially of a commercial nature.”
In Iran the APA achieved a high degree of economic penetration, in addition to promoting cultural relations. I quote from the middle of the third paragraph on Page 3:
“The office’s initiative in developing, with the help of commercial circles, entirely new methods for the economic penetration of Iran found expression, in an extraordinarily favorable way, in reciprocal trade relations. Naturally, in Germany, too, this initiative encountered a completely negative attitude and resistance on the part of the competent State authorities, an attitude that at first had to be overcome. In the course of a few years, the volume of trade with Iran was multiplied five-fold and in 1939 Iran’s trade turnover with Germany had attained first place.”
In the last sentence on Page 3. . .
THE PRESIDENT: Well, now, Mr. Brudno, will you kindly explain to the Tribunal how the paragraph that you just read bears upon the guilt of Rosenberg in this Trial?
MR. BRUDNO: If Your Honor pleases, we submit that the conspirators used, as one of the tools of conspiracy, the economic penetration of those countries which they deemed strategically necessary to have within the Axis orbit. The activities of Rosenberg in the field of foreign trade contributed materially, we submit, to the advancement of the conspiracy, as charged in the Indictment.
THE PRESIDENT: Are you suggesting that it is a crime to try and stimulate trade in foreign countries?
MR. BRUDNO: If Your Honor pleases, the expression of ideological opinions or the advancement of foreign trade do not, in themselves, constitute a crime, we agree.
THE PRESIDENT: There is nothing here about ideological considerations. It is simply a question of trade.
MR. BRUDNO: Further on, Your Honor, he mentions the cultural activities.
THE PRESIDENT: I was confining myself, in order to try to get on, to the particular paragraph that you had just cited.
MR. BRUDNO: I see, Your Honor; we are merely trying to show, Sir, that the Germans used the foreign trade weapon as a material part of the conspiratorial program.
THE PRESIDENT: As I have said before, it is not possible for me or for any member of this Tribunal to conduct the case of the Prosecution for them. We can only tell them when we think they are being irrelevant and cumulative and ask them to try to cut down their presentation. It is for you to cut it down.
MR. BRUDNO: Rosenberg goes on to state, if Your Honor please, at Page 3 of the translation, that “Afghanistan’s neutral position today is largely due to the office’s activity.”
In connection with Arabia, he says:
“The Arab question, too, became part of the work of the office. In spite of England’s tutelage of Iraq, the office established a series of connections to a number of leading personalities of the Arab world, smoothing the way for strong bonds to Germany. In this connection, the growing influence of the Reich in Iran and Afghanistan did not fail to have repercussions in Arabia.”
Rosenberg concluded his report with the statement that, with the outbreak of war, he was entitled to consider his task as terminated, and then he says, “The exploitation of the many personal connections in many lands can be resumed under a different guise.”
I now turn to Annex 2 of the report, which is found at Page 9 of the translation. This annex deals with activities in Romania. Here the APA’s intrigue was more insidious, its interference in the internal affairs of a foreign nation more pronounced. After describing the failure of what Rosenberg terms a “basically sound anti-Semitic tendency,” due to dynastic squabbles and Party fights, Rosenberg describes the APA’s influence in the unification of conflicting elements. I quote, beginning with the ninth line of the translation:
“What was lacking was the guiding leadership of a political personality. After manifold groping trials the office believed such a personality to have been found in the former Minister and poet, Octavian Goga. It was not difficult to convince this poet, pervaded by instinctive inspiration, that a greater Romania, though it had to be created in opposition to Vienna, could be maintained only together with Berlin. Nor was it difficult to create in him the desire to link the fate of Romania with the future of the National Socialist German Reich in good time. By bringing continuing influence to bear, the office succeeded in inducing Octavian Goga as well as Professor Cuza to amalgamate the parties under their leadership on an anti-Semitic basis. Thus they could carry on with united strength the struggle for Romania’s renascence internally and her Anschluss with Germany externally. Through the office’s initiative both parties, which had heretofore been known by distinct names, were merged as the National Christian Party, under Goga’s leadership and with Cuza as Honorary President.”
Rosenberg’s man, Goga, was supported by two splinter parties, which had not joined the anti-Semitic trend, and Rosenberg states: “Through intermediaries, the office maintained constant contact with both tendencies.”
Goga, the man supported by Rosenberg, was appointed Prime Minister by the King in December 1937. The pernicious influence of Rosenberg’s ideology had achieved a major triumph, for he states:
“Thus a second government on racial and anti-Semitic foundations had appeared in Europe, in a country in which such an event had been considered completely impossible.”
I will not deal at any length with the details of the political turmoil that plagued Romania during the ensuing period.
THE PRESIDENT: Mr. Brudno, I think the Tribunal are satisfied that Rosenberg—I mean satisfied, subject to what Rosenberg himself or his counsel may say—that Rosenberg tried to spread his ideology abroad, and we don’t require any further detailed proof of that, and we are also satisfied that we have heard enough of the activities of the APA.
MR. BRUDNO: Certainly, Your Honor. We feel that if the Tribunal is satisfied, we can pass on.
THE PRESIDENT: Subject, as I said, to anything that Rosenberg may prove.
MR. BRUDNO: Surely. I would merely like to conclude with the statement that the activities of the APA were, as indicated in this Document 007-PS, primarily responsible for Romania’s joining the Axis. It was a vital link in Germany’s chain of military strategy.
I would further like to call to Your Honor’s attention the evidence which has already been submitted on the activities of the APA in Norway, activities which led to the treason of Quisling and Hagelin, for which they have been condemned.
I come now to the final phase of the case against the Defendant Rosenberg. We have seen how he aided the Nazi rise to power and directed the psychological preparation of the German people for waging of aggressive war. I will now offer proof of his responsibility for the planning and execution of War Crimes and Crimes against Humanity committed in the vast areas of the occupied East, which he administered for over 3 years. These areas included the Baltic States, White Ruthenia, the Ukraine, and the eastern portion of Poland.
I will not endeavor here to chronicle again the tale of mass murder, spoliation, and brutality. We feel that that has already been sufficiently evidenced, and further evidence on this point will be presented by the Prosecution for the U.S.S.R. and for the Republic of France.
We anticipate, however, that Rosenberg will contend that some of these crimes were committed against his wishes, and, indeed, there is some evidence that he protested on occasion—not out of humanitarian reasons but on grounds of political expediency.
We also anticipate that Rosenberg will attempt to place the blame for these crimes on other agencies and on other defendants. The evidence will prove, however, that he himself formulated the harsh policies, in the execution of which the crimes were committed; that the crimes were committed for the most part by persons and agencies within his jurisdiction and control; that any other agencies which participated in the commission of these crimes were invited by Rosenberg to co-operate in the administration of the East, although the brutal methods customarily employed by them were common knowledge; and, finally, his Ministry lent full co-operation to their activities, despite the criminal methods that were employed.
Rosenberg was actively participating in the affairs of the East as early as 20 April 1941, 2 months prior to the German attack upon the Soviet Union. On that date he was designated by Hitler as commissioner for the central control of questions connected with the East European region.
The Hitler order by virtue of which he received this appointment has been read into the record in its entirety as Exhibit Number USA-143, our Document Number 865-PS.
The initial preparations undertaken by Rosenberg for fulfillment of his task indicated the extent to which he co-operated in promoting the military plans for aggression. They also show that he understood his task at the inception as requiring the assistance of a multitude of Reich agencies and that he invited their co-operation.
Shortly after his appointment by Hitler, Rosenberg conducted a series of conferences with representatives of various Reich agencies, conferences which are summarized in Document 1039-PS, previously offered as Exhibit Number USA-146. This document indicated the co-operation of the following agencies. It indicated that the co-operation of these agencies was both contemplated and solicited by Rosenberg. The agencies are as follows: OKW, OKH, OKM, Ministry of Economics, Commissioner for the Four Year Plan, the Ministry of the Interior, Reich Youth Leadership, the German Labor Front, Ministry of Labor, the SS, the SA, and several others.
These arrangements, it should be noted, were made by Rosenberg in his capacity as commissioner on Eastern questions, before the attack on the Soviet Union, before he was appointed as Reich Minister for the occupied East, in fact, before there was any occupied East for Germany to administer.
I would like to refer briefly to some of Rosenberg’s basic attitudes regarding his new task and the directives which he knew he would be expected to follow.
Your Honor will recall that on 29 April 1941, in Document 1024-PS, previously introduced as Exhibit Number USA-278, Rosenberg stated that:
“A general treatment is required for the Jewish problem for which a temporary solution will have to be determined (forced labor for the Jews, creation of ghettos, et cetera).”
On May 8, 1941 he prepared instructions for all Reich commissioners in the Occupied Eastern Territories. These instructions are found in Document 1030-PS, previously introduced as Exhibit Number USA-144. The last paragraph, which has not been called to Your Honors’ attention, reads as follows:
“From the point of view of cultural policy, the German Reich is in a position to promote and direct national culture and science in many fields. It will be necessary that in some territories an uprooting and resettlement of various racial stocks will have to be effected.”
In Document 1029-PS, which has been introduced as Exhibit Number USA-145, Rosenberg directs that the Ostland be transformed into a part of the Greater German Reich by germanizing racially possible elements, colonizing Germanic races, and banishing undesirable elements.
In a speech which Rosenberg made on 20 June 1941, Your Honors will recall, he stated the job of feeding Germans was the top of Germany’s claim on the East; that there was no obligation to feed the Russian peoples; that this was a harsh necessity bare of any feelings; that a very extensive evacuation will be necessary; and that the future will hold many hard years in store for the Russians. This speech, Your Honors, is in the record as Document 1058-PS, Exhibit Number USA-147.
On July 4, 1941, still prior to Rosenberg’s appointment as Reich Minister for the occupied East, a representative of Rosenberg’s office attended a conference on the subject of utilization of labor, and especially of the labor of Soviet prisoners of war. Document 1199-PS is a memorandum of this conference, and I offer it into evidence as Exhibit Number USA-604. It states that the participants were, among others, representatives of the Commissioner for the Four Year Plan, of the Reich Labor Ministry, of the Reich Food Ministry, and of the Rosenberg office. The first sentence states, and I quote:
“After an introduction by Lieutenant Colonel Dr. Krull, Lieutenant Colonel Breyer of the PW Department explained that actually there was a prohibition in effect by the Führer against bringing Russian PW’s into the Reich for employment, but that one might count on this prohibition being relaxed a little.”
The last paragraph records that, and I quote:
“The chairman summarized the results of the discussion as indicating that all the bureaus concerned unqualifiedly advocated and supported the demand for utilization of PW’s because of manpower needs in the Reich.”
On 16 July 1941, the day before Rosenberg’s appointment as Minister of the occupied East, he attended a conference at the Führer’s headquarters, the minutes of which have been introduced as Document L-221, Exhibit Number USA-317. At that time Hitler stated, “The Crimea has to be evacuated by all foreigners and to be settled by Germans alone.”
He further stated that Germany’s objectives in the East were three-fold: first, to dominate it; second, to administer it; third, to exploit it.
Thus, the character of the administration which was contemplated for the occupied East was well established before Rosenberg took office as Minister. He knew of these plans and was in accord with them. Persecution of the Jews, forced labor of prisoners of war, Germanization and exploitation, were all basic points of policy which Rosenberg knew of at the time he assumed office.
On July 17, 1941, Rosenberg was appointed Reich Minister for the Occupied Eastern Territories. The decree by which he was appointed is in evidence as Document 1997-PS, Exhibit Number USA-319.
I would like now to examine the organizational structure and the chain of responsibility which existed within the Ministry for the occupied East.
The organizational structure of the East was such as we will show that Rosenberg was not merely a straw man. He was the supreme authority with full control.
Document 1056-PS is a mimeographed treatise entitled, “The Organization of the Administration of the Occupied Eastern Territories.” It is undated and unsigned, but we can obtain further information regarding it by reference to EC-347, which is Göring’s Green Folder, already in evidence as Exhibit Number USA-320.
It is noted that Part II, Subsection A, of Document EC-347 is entitled, and I quote: “Excerpts from the Directives of the Reich Minister for the Occupied Eastern Territories and for the Civil Administration,” and then in parenthesis, “Brown Folder, Part I, Pages 25 to 30.”
The two paragraphs which follow are identical to two paragraphs found at the top of Page 9 of the translation of Document 1056-PS. Thus Document 1056-PS is identified as being a mimeograph of Part I of the Brown Folder which was mentioned in the Green Folder, and was issued by the Reich Minister for the Occupied Eastern Territories.
I now offer Document 1056-PS as Exhibit Number USA-605. I offer this document for the purpose of proving, from the directives issued by the Rosenberg Ministry itself, the extent of Rosenberg’s authority; that he was the supreme civilian authority in the Eastern territories. The document will show that there was a continuous chain of command from Rosenberg down to the regional administrative officials, a chain of command which extended even to the local prison warden.
The document also will show the relationship which existed between the Rosenberg Ministry and other German agencies, a relationship which varied from full control by Rosenberg to full co-operation with them, made mandatory by his directives and by Hitler’s orders.
Finally, the document will show that the various subdivisions of the Ministry were required to submit periodic reports of the situation within their jurisdiction, so that the numerous reports of unspeakable brutality which Rosenberg received, and which are already in the record, were submitted to him pursuant to his orders.
The first paragraph of this significant document states as follows:
“The newly occupied Eastern territories are subordinated to the Reich Minister for the Occupied Eastern Territories. By direction of the Führer he establishes a civil administration there, upon withdrawal of the military administration. He heads and supervises the entire administration of this area and represents the sovereignty of the Reich in the Occupied Eastern Territories.”
At the top of Page 2 of the translation is stated, and I quote:
“To the Reich Ministry is assigned a deputy of the Reich Leader SS and Chief of the German Police in the Reich Ministry of the Interior.”
Roman numeral III on Page 2 of the translation defines the responsibility of the Reich commissioners as, and I quote:
“In the Reich commissariats, Reich commissioners are responsible for the entire civil administration under the supreme authority of the Reich Ministry for the Occupied Eastern Territories. According to the instructions of the Reich Minister for the Occupied Eastern Territories, the Reich Commissioner, as a functionary of the Reich, heads and supervises, within his precincts, the entire civil administration. Within the scope of these instructions he acts on his own responsibility.”
And then the chain of command is outlined: Subordinate offices, general commissariats, main commissariats, district commissariats, et cetera.
In the second last paragraph on Page 3 of the translation it is stated again:
“The Higher SS and Police Leader is directly subordinated to the Reich Commissioner. However, the Chief of Staff has the general right to secure information from him also. . . .
“Great stress is to be placed on close co-operation between him, the Chief of Staff, and the other main department heads of the office of the Reich Commissioner, particularly with the one for policies.”
To digress from this document a moment, I ask that the Court take judicial notice of the decree signed by Rosenberg, dated July 17, 1941, and found in the Verordnungsblatt of the Reich Minister for the occupied East, 1942, Number 2, Pages 7 and 8.
This decree provides for the creation of summary courts for decisions on crimes committed by non-Germans in the East. The courts are to be presided over by a police officer or an SS leader, who have authority to order the death sentence or confiscation of property, and those decisions are not subject to appeal. The general commissar is given the right to reject a decision. Thus, the determination of the SS, of these summary courts, is made subordinate to the authority of a representative of the Rosenberg Ministry.
At Page 4 of the translation of Document 1056-PS, the position of the Commissioner General is defined. It is stated here that: “The Commissioner General forms the administrative office of intermediate appeal.”
Three paragraphs down it is stated, and I quote:
“The SS and Police Leader assigned to the Commissioner General is directly subordinated to him. However, the Chief of Staff has the general right of requiring information from him.”
The document goes on to describe the function of the various subdivisions of the Ministry, concluding with regional commissioners who preside over the local administrative districts. They, too, have police units assigned to them and directly subordinated to them.
THE PRESIDENT: Well, Mr. Brudno, surely that could have been stated in a sentence without referring us to all these passages in this document. I mean, Rosenberg was the Minister for the Eastern Territories. He had under him Reich commissioners and SS units, who had the full administration—civil administration—of the Eastern Territories. If you had stated that, surely that would have been sufficient.
MR. BRUDNO: Very well, Your Honor.
I will proceed from that point, then, merely to point out that the economic exploitation of the territory was undertaken in the fullest co-operation with the Commissioner of the Four Year Plan, as shown by Paragraph 2 of Page 7 of the translation. It is stated there that the economic inspectorates of the Commissioner of the Four Year Plan will be substantially absorbed in the agencies of the civil administration after the establishment of the civil administration.
I also wish to call Your Honors’ attention to the first paragraph on Page 6, which reads as follows:
The various commissioners, it says, “are, aside from the military agencies, the only Reich authorities in the Occupied Eastern Territories. Other Reich authorities may not be established alongside them. They handle all questions of administration of the area which is subordinate to their sovereignty and all affairs which concern the organization and activity of the administration, including those of the police, in the supervision of the autonomous agencies and organizations and of the population.”
I now turn briefly to the second section of the document which is entitled, “Working Directives for the Civil Administration.” The first two paragraphs on Page 9 have been read into the record as part of Document EC-347, Exhibit Number USA-320. I call particular attention to the statement that the “Hague Rules of Land Warfare, which deal with the administration of a country occupied by a foreign armed power, are not valid.”
I continue quoting at the last paragraph on Page 9:
“The handling of cases of sabotage is a concern of the Higher SS and Police Leader, of the SS and Police Leader, or of the Police leaders of the lower echelon. Insofar as collective measures against the population appear appropriate, the decision about them rests with the competent commissar.
“To inflict penalties in cash or kind, as well as to order the seizure of hostages and the shooting of inhabitants of the territory in which the acts of sabotage have taken place, rests only with the Commissioner General, unless the Reich Commissioner himself intervenes.”
I conclude with this document by quoting the first sentence at the top of Page 13:
“The district commissioners are responsible for the supervision of all prisons, unless the Reich commissioners intervene.”
I will not take the time of the Tribunal, nor burden the Record, with a detailed account of the manner in which Rosenberg’s plenary authority and power were wielded. There is evidence in the Record, and there will be additional evidence presented by the Soviet prosecutor, as to the magnitude of the War Crimes and the Crimes against Humanity perpetrated against the peoples of the occupied East.
However, merely to illustrate the manner in which Rosenberg participated in the criminal activities conducted within his jurisdiction, I would like to refer briefly to a few examples.
I call your attention to the document numbered R-135, which was previously introduced as Exhibit Number USA-289. In this document the prison warden of Minsk reports that 516 German and Russian Jews had been killed, and called attention to the fact that valuable gold had been lost due to the failure to knock out the fillings of the victims’ teeth before they were done away with.
These activities took place in the prison at Minsk, a prison which, Your Honors will recall from Document 1056-PS, was directly under the supervision of the Ministry for the occupied East.
For my next illustration I wish to offer Document 018-PS. This document has already been introduced as Exhibit Number USA-186. I would like to read to the Tribunal the first paragraph of Document 018-PS, which has not yet been read into the Record. The document reveals that Rosenberg wrote Sauckel on 21 November 1942, in the following terms:
“I thank you very much for your report on the execution of the great task given to you; and I am glad to hear that in carrying out your mission you have always found the necessary support, even on the part of the civilian authorities in the Occupied Eastern Territories. For myself and the officials under my command, this collaboration was and is self-evident, especially since both you and I have, with regard to the solution of the labor problem in the East, represented the same points of view from the beginning.”
As late as 11 July 1944 the Rosenberg Ministry was actively concerned with the continuation of the forced labor program, in spite of the retreat from the East.
THE TRIBUNAL (Mr. Biddle): After making this generality, Rosenberg goes on to object, at the last here, to the methods used. You haven’t mentioned that.
MR. BRUDNO: Quite right, Your Honor. Those objections are already in the record, Sir, and I was merely referring to this document to show that Rosenberg favored recruitment from the East, that his civilian administrators co-operated with the recruitment in spite of the methods used, the methods which were known to Rosenberg as he reports in the letter himself.
DR. ALFRED THOMA (Counsel for Defendant Rosenberg): High Tribunal, in this connection I must protest that the Prosecutor did not finish reading this Paragraph 1 he has just quoted. For then comes the sentence in which he states that an agreement existed between Sauckel and Rosenberg regarding. . .
THE PRESIDENT: I don’t think you can have heard that the United States Member of the Tribunal has just made this very point, which you are now making to Counsel for the United States, and has pointed out to him that he ought to have read there, or drawn attention at any rate, to the other paragraphs in this document which showed that Rosenberg was objecting to the methods used.
DR. THOMA: High Tribunal, I would like to point out that the prosecutor quoted just the first two sentences of a specific paragraph. The same paragraph ends, however, where it is stated that “there was an agreement between Sauckel and me according to which workers were to be treated well in Germany, and for this purpose welfare organizations were to be created”. The presentation of the prosecutor creates the impression that the Defendants Sauckel and Rosenberg had agreed only on the use of forced labor without restraint and on the deportation of the workers from the East.
THE PRESIDENT: As Counsel for the United States pointed out, the other passages in the document have already been read. And, naturally, the whole document will be treated as being in evidence.
The Tribunal fully realizes the point you are making, that it is not fair to read one passage of a document when there are other passages in the document which show that the passage read is not a full or proper statement of the document.
MR. BRUDNO: If Your Honor pleases, I was not attempting to delude the Tribunal; it was merely in the interest of time that I did not read the balance. The rest is in the Record.
THE PRESIDENT: I realize that.
We will adjourn now.