Morning Session
COL. POKROVSKY: The Tribunal has at its disposal the diaries of the Defendant Frank.
In the one marked “Diary of the Year 1943, V,” we find on Pages 1070-1072 an important entry; in the Russian translation this passage is on Page 5 of the addenda to the “Excerpts from Frank’s Diaries,” and on Page 321 of your document book, marked in pencil. I quote this passage:
“Kraków, 23 October 1943.
“The Governor General makes a report at the Administrative Academy on ‘The Leadership Principle in Government.’ From the point of view of constitutional and international law, the Government General, as an appendage to Greater Germany, constitutes a part of the territory over which the power of Greater Germany in Europe extends. The sovereignty over this territory belongs to the Führer of Greater Germany and on his behalf it is exercised by the Governor General who, as the deputy of the Führer, possesses all his powers.”
I would like to inform you, Your Honors, of two more documents of a strictly official nature.
In the Reichsgesetzblatt for 1939, Part I, Page 2077—Page 333 of your document book presented by us as Exhibit Number USSR-296 (Document Number USSR-296)—is published the “Führer’s and Reich Chancellor’s Decree on the Administration of the Occupied Polish Territory,” dated 12 October 1939.
I shall read into the record Paragraph 2 of this decree. It consists of two subparagraphs:
“Paragraph 2:
“1. I appoint Reich Minister Dr. Frank as Governor General of the occupied Polish territories.
“2. I appoint Reich Minister Dr. Seyss-Inquart as Deputy Governor General.”
In the same Reichsgesetzblatt, but this time for 1940, Part I, Page 399, is published a decree regarding the power to grant pardons in the occupied Polish territories. It is registered with the Tribunal as Document USSR-289 (Exhibit Number USSR-289) and is on Page 336 of the document book. It reads:
“In the occupied Polish territories I delegate to the Governor General of occupied Polish territories the power to confirm death sentences as well as pardons or to reject applications for pardons, with the right further to delegate his powers.”
The power of life and death, the sovereign prerogative, was entrusted in a Poland occupied by the Hitlerites, to the Defendant Frank.
It would not be misplaced to recall that it was this same Hitler who had said that he would show, by the concrete example of a mutual relationship between the Polish and the German peoples, that such a form of intercourse had been found “which would usefully serve the cause of peace as well as the welfare of both nations.”
I have spoken of the kind of example that was intended, and what the welfare was to which reference had been made.
The 6 April 1941 was marked by a new crime planned and carefully prepared beforehand by the Hitlerite conspirators. Without any warning or declaration of war, they attacked Yugoslavia.
The attack on Yugoslavia was a gross breach of Article 3 of the Hague Convention of 18 October 1907, and of the Kellogg-Briand Pact of 27 August 1928. The Delegations of Great Britain and of the United States have already submitted to the Tribunal a considerable number of documents referring to the subject of the treacherous attack on Yugoslavia. I have only to submit a few new proofs and to establish a connection between these new documents and those already read into the record. Official German documents enable us to reconstitute events with exceptional vividness. In this case German pedantry turns against the authors of the criminal plan.
On 27 March 1941 Adolf Hitler held a special conference regarding the situation in Yugoslavia. On the same day he signed a top-secret Directive 025, for the High Command (Oberbefehlshaber) only. Both documents, filed under Document Number 1746-PS, are among the evidence already accepted by the Tribunal.
Subparagraph 2 of Directive 025 has already been quoted in full in the speech of the Chief Prosecutor for the U.S.S.R. The first subparagraph of this document was also read into the record on 7 December 1945. I should like to add a few more lines and read Paragraph 3 into the record. This passage is on Page 337 of the document book. It states as follows:
“In detail I order the following:
“a) As soon as the concentration of sufficient forces is concluded and meteorological conditions permit, all Yugoslav antiaircraft and Belgrade must be destroyed by continuous day and night air attacks.
“b) If possible, simultaneously, but under no circumstances sooner, Operation Marita must be started, with the primary limited objective to seize the harbor of Salonika.”
I believe that three points should be stressed here:
1) The intention of carrying out the total destruction of the capital of the state;
2) The correlation between the aggression against Yugoslavia and the aggression against another country, Greece—the aggression against Greece was coded, as the Tribunal knows, under the name of Operation Marita;
3) The necessity to complete the concentration of German forces as well as meteorological conditions were the factors that determined the time limits for the attack.
As in all previous cases of criminal fascist aggression, we see one and the same thing—the criminal intent of the predatory invader, treachery, and cold calculation.
Preparations for the successive acts which had been carried on over a very long period followed the customary Hitler routine, already disclosed by the prosecutors: Fifth Column activities, the use of the protection of the German minority as a slogan and the lying practice of peaceable declarations combined with unceasing preparations for invasion. As I have already stated, the preparation of the crime was carried on over a very long period and followed the customary Hitler routine already disclosed by the prosecutors.
On 27 March 1941, on the very day when Hitler signed Directive 025, he personally conducted, in Berlin, a special conference on the situation in Yugoslavia. The minutes of this conference were presented by the United States Prosecution on 4 December 1945 as Document Number 1746-PS.
Other documents relating to this conference have also been registered under the same number. At the conference, the objective was determined with absolute precision and a plan of action was presented. You will, Your Honors, find the passage I have quoted on Page 349.
Hitler declared:
“. . . we are not going to wait for any declarations of loyalty by the new government, but to carry out all preparations for the destruction of the Yugoslav armed forces and of Yugoslavia itself as a national unit.
“. . . it is especially important from the political point of view that the blow against Yugoslavia should be carried out with the utmost violence and that its military destruction should be effected with lightning speed.”
And a little further back in the document is stated:
“No diplomatic inquiries will be made and no ultimatum presented. . . . The attack will start as soon as the necessary supplies and troops are ready.”
Thus, Hitler was not in the least interested in the factual attitude of one or the other Yugoslav Government toward Germany, but in the factual destruction of Yugoslavia as a state; and he strove to accomplish this destruction with cruelty and lightning speed.
The operational staff of the OKW, meticulously following Hitler’s directive regarding a cruel and rapid destruction of Yugoslavia, speedily worked out a detailed plan for co-ordinated operations of the German and Italian Armies. It was issued as an official operational directive dated 28 March 1941. I consider it essential to reread three lines of this document, already submitted to the Tribunal under the same Document Number 1746-PS. You will find it on Page 352 of the document book. I read Paragraph 4 of this document into the record.
“. . . The German task is to attack Yugoslavia with the greatest possible concentration of forces, to smash its armed forces and destroy it as a state.”
I cannot but remind the Tribunal of the terminology used by Hitler and the other fascist conspirators. Hitler said, “There can be no question of sparing Poland.” He demanded, “Yugoslavia is to be eliminated as a state, ruthlessly and with lightning speed.” Mercilessness, ruthlessness, extermination of peoples and states: such was the style and meaning of the actions of the fascist conspirators.
The aggression against Czechoslovakia, the attack on Poland, the desire to destroy Yugoslavia, all these were links in the same chain. But the chain does not end with these links.
The task of the next representative of the U.S.S.R. Prosecution will be to show Your Honors that the fundamental purpose of these criminals, the main link in the center of all of the Hitlerite conspiracies, was the attack on the U.S.S.R.
The documents relating to the crimes against Yugoslavia will prove that, in attacking that country, the fascist conspirators strictly followed their customary methods. Even in detail they repeated their earlier crimes perpetrated against Poland, Austria, and Czechoslovakia. Even in case we did not know who actually organized the attack on Yugoslavia, the very nature of the facts, the sequence of events, the manner in which the crimes were perpetrated, would unmistakably indicate the culprits.
I turn to Document USSR-36, (Exhibit Number USSR-36) under which number I offer in evidence the Official Report of the Yugoslav Government.
The first section, entitled “The Systematic Preparation of the Conspiracy for the Enslavement and the Destruction of Yugoslavia,” contains a series of valuable information. I wish to cite that excerpt from this document which you will find on Page 355 of the document book, Paragraph 4 on Page 3 of the Russian text, 3rd paragraph from the top reads:
“The Government of the Third Reich and the Hitlerite Party secretly organized the German minority. Settled in Yugoslavia by the Austrian emperors over a century ago, the Germans enjoyed as brothers full rights and a cultural autonomy. They had their own schools and their representatives in parliaments as well as in the local government. They numbered half a million (that is about three percent of the total population). From 1920 they had their mass organization—the Swabian-German Cultural Union—‘Kulturbund’ for short. And out of this very organization and through it, as well as out of all the Germans in Yugoslavia, the Nazi Party created a political and military organ for the destruction of Yugoslavia.”
I believe I can skip several lines without loss and quote further:
“In Yugoslavia, the Nazi Gaue were secretly formed and Gauleiter appointed. Under the guise of various physical training and sport associations, Hitlerite units were organized half a million strong. Numerous ‘tourists,’ ‘travellers,’ ‘businessmen,’ and ‘relatives’ came from the Reich—in reality they were Nazi instructors and organizers.”
I skip a number of details which can be disregarded, and pass to the second paragraph of the same section on Page 4—that would be Page 356 in your document book—where the manner is described in which the Fifth Column was further strengthened. I now shall read into the record Paragraph 2, beginning with the second subparagraph:
“The Hitlerites drew into their orbit all the separatist and chauvinistic elements, as for instance, Pavelich’s Ustasha; the Zbor, a movement headed by Ljoteč; the MFRO (the Macedonian fascist movement), headed by Vanca Mihajlovič; and organized them as terrorist organizations with headquarters in Berlin. On the other hand, acting through their agents, Prince Paul, Stojadinovič, Cvetkovič, and Ćincar-Marcovič, they attracted the pan-Serbian centralists and turned them into a terrorist group which, from the vantage points of governmental authority, was ‘peacefully’ to deliver Yugoslavia into slavery by adhering to the Tripartite Pact.”
Further, the report emphasizes the fact that, while organizing numerous branches of the Fifth Column, the Hitlerites continually gave newer and more perfidious assurances about their ostensibly friendly intentions with regard to Yugoslavia. This is discussed in Paragraph 3 on Page 5 of the Russian text; our Document Number USSR-36. You will find this passage, Your Honors, on Page 357 of the document book:
“3. At the time when both the Hitlerite Government and the Party were so thoroughly and with such versatility preparing their conspiracy to invade and occupy Yugoslavia, Hitler seized every opportunity to declare to the whole world, on behalf of the same Government, the same Party, and the whole of Germany, that Yugoslavia could count on them as devoted friends.”
On 17 January 1938, that is, some weeks before the occupation of Austria, Hitler had a meeting with the then Prime Minister of Yugoslavia at which the Defendants Göring and Von Neurath were present. The original document from which I shall quote certain passages was submitted to the Tribunal as Document Number TC-92. The extract which I shall quote further on as documentary evidence, is dated 4 December 1945. You will find it on Page 411 of the document book.
On 4 December 1945 a printed collection of German documents dealing with the conflict with Yugoslavia and Greece was offered to you in evidence. In the listing of documentary evidence it is referred to as Document Number TC-92.
On Page 68—and you will find it as I have already stated on Page 411 in your document book, as Document Number 28 of that collection—we have a transcript of the conversations which took place during the conference of 17 January 1938. I consider there is no need to read the entire document into the record. I shall limit myself to the following three remarks made by Hitler on that occasion, “As regards Yugoslavia, Germany is highly interested in the existence of a strong Yugoslavia.” Somewhat later in the course of the same conversation Hitler spoke the second sentence, “Whatever may happen there, Yugoslavia’s present boundary will remain as inviolable as the border on the Brenner is today.” In addition Hitler, at this meeting, made the following statement, “. . . the German nationality group in Yugoslavia was loyal to the Yugoslav Government. . . .”
On 30 January 1939, some weeks before the occupation of the Czechoslovak Republic, Hitler made the following declaration about Yugoslavia in his speech before the Reichstag—this quotation is to be found on Page 412 in your document book:
“. . . a state which since the Great War has more and more attracted the attention of our people, in Yugoslavia. The respect which the German soldier felt for that valiant people in the past, has grown ever stronger and developed into sincere friendship. . . .”
The fascist conspirators considered it useful to include this speech as Document Number 32 in the book from which I just have quoted and presented to the Tribunal as Document Number TC-92.
On 1 June 1939, that is, before the fascist attack on Poland, Prince Paul of Yugoslavia, whom the official report of the Yugoslav Government calls a Hitlerite agent, paid a visit to Hitler. On this occasion, Hitler stated in Berlin—you will find the passage on Page 413 in your document book:
“. . . Germany’s friendship with the Yugoslav nation did not spring up suddenly. It was deepened and strengthened by the tragic complications of the World War.”
Then, after having made a few more statements which are of no interest to the Tribunal, he continued:
“I am all the more confident that now when, as a result of the historic events, we have become neighbors with common frontiers established forever, the friendly relations between Germany and Yugoslavia, trustful and steadfast, will not only secure lasting peace between both our peoples and countries, but moreover will serve as a calming element for our nervous, excitable continent.”
I repeat once more that I quote from the book, Document Number TC-92.
In his next customary speech after the defeat of Poland, before the Reichstag on 6 October, Hitler reassured Yugoslavia of his love of peace and of his friendly attitude in the following words:
“. . . after the annexation had taken place, I assured Yugoslavia in the same manner that her frontier with this country shall be regarded as inviolable by Germany from this moment on, and that we want to live in peace and friendship with her. . . .”
I am now going to read into the record a few paragraphs from Subparagraph 2 on the first section of the report of the Yugoslav State Commission for the investigation of the crimes perpetrated by the aggressors. The excerpts in question begin with Paragraph 3, on Page 6 of Exhibit Number USSR-36 (Document Number USSR-36). In your document book it is Volume I, Section I.
Thus, Hitler regularly gave assurances about friendly relations with Yugoslavia and about the inviolability of her boundaries while, at the same time, his band of conspirators and enslavers were already tightening the ring of war around Yugoslavia. When Yugoslavia was completely surrounded by Hitler’s Panzer divisions, and when the government of the Centralist Fifth Column of Prince Paul, Cvetovič, and Maček was ready to join the Tripartite Pact on 25 March 1941, that is, 10 days before the attack on Yugoslavia, the Defendant Ribbentrop stated as follows—on Page 413 of your document book you will find it, in Document Number 2450-PS:
“Germany herself—and I solemnly state this—has neither territorial nor political interests in this region.”
The Tribunal has already been handed a certified extract from Document Number 72 of the above-mentioned German book.
An official note from the Reich Government of the same date reads as follows—you will find this on Page 415 of the document book:
“Mr. Prime Minister: On behalf and on the direction of the German Government, I have the honor to report to Your Excellency as follows:
“In connection with today’s adherence of Yugoslavia to the Tripartite Pact, the German Government affirms its resolution to respect at all times the sovereignty and territorial integrity of Yugoslavia. . . .
“Signed, Joachim von Ribbentrop.”
The culminating point in the execution of the breach of faith so cunningly prepared by the fascists is the following statement made by Hitler on 6 April 1941, that is, at the moment when the perfidious and treacherous attack on Yugoslavia had already begun. It is under Document Number TC-92 in your book of documents, on Page 414:
“The German people feel no hatred towards the Serbian people. Above all, the German people see no reason to start a war against the Croats and Slovenes; they want nothing from these peoples.”
Certified excerpts have been handed to the Tribunal from the documents of the German book already quoted on Pages 1 and 4.
At the same time when he was speaking in this manner, the occupation, annexation, and dismemberment of the Yugoslav State was already taking place. Soon after began the bombing of undefended cities, towns, and settlements; forcible evictions; deportations to camps; punitive expeditions; and hundreds of other acts that were a part of the planned extermination of the Yugoslav people, which resulted in the death of 1,650,000 Yugoslav men, women, and children.
On the question of the preparation for the attack on Yugoslavia and the individuals who directly supervised this crime, we have at our disposal two very valuable pieces of evidence.
The first is the original affidavit of the German General Löhr. Prior to and at the time of the aggression against Yugoslavia, he was in command of the 4th Air Fleet. It was precisely his air units which carried out the raids on Belgrade. He is undoubtedly a man well acquainted with the course of operations and its leaders.
On 24 May 1945 General Löhr was taken prisoner by the Yugoslav forces. During interrogations to which he was subjected between 24 May and 6 June 1945 he states—you will find the respective excerpts on Page 416, as excerpts from our Document Number USSR-253 (Exhibit Number USSR-253). We submit the originals of these excerpts to the Tribunal:
“I and my staff went on March 26 to Sofia as the campaign against Greece was about to begin.
“On the following day, 27 March 1941, the coup d’état took place in Yugoslavia. I was called unexpectedly to Berlin, where I received orders from Reich Marshal Göring to prepare for air operations against Yugoslavia. . . .
“After this, preparations against Yugoslavia were begun. At my first meeting with Göring I was not told of the date of the beginning of the war against Yugoslavia. At Vienna, I received a written order in which the beginning of the operations was fixed for 6 April.”
Passing over the rest of the statement, I proceed to read into the record excerpts from the minutes of the interrogation of the former Field Marshal of the German Army, Friedrich Paulus. In accordance with the wish of the Tribunal, we submit the original of this interrogation.
Friedrich Paulus was interrogated on 12 January 1946 by the Chief Prosecutors of the U.S.S.R. His testimony is registered with us as Exhibit Number USSR-182 (Document Number USSR-182). You will find the passage quoted on Page 419 of your document book. My colleagues of the Soviet Delegation will probably revert to this document when dealing with subsequent matters. I shall therefore merely quote that part which refers to the preparations for the attack on Yugoslavia.
“It was clear to both German and Hungarian officers that these military preparations must have been based on the preparation of military collaboration between Germany and Hungary.”
THE PRESIDENT: Colonel Pokrovsky, the Tribunal understand that the first interrogatory to which you refer—General Löhr’s—which is contained in Document Number USSR-253, is an official document?
COL. POKROVSKY: Yes.
THE PRESIDENT: The official document of your Government. The other interrogatory to which you refer, of Field Marshal Paulus, is not an official document, is it?
COL. POKROVSKY: The minutes of the interrogation of Field Marshal Paulus have been compiled in compliance with all legal standards of procedure applying to such interrogations by judicial organizations in the U.S.S.R. He is interrogated as a witness with the warning that he must tell the truth, in accordance with Articles 95 and 92 of our penal code. These documents, in the U.S.S.R., are considered as absolutely official documents, of full probative value, to be submitted to the Tribunal when necessary.
THE PRESIDENT: Could you tell us where the interrogatory was made?
COL. POKROVSKY: Paulus was interrogated in person in Moscow, on 12 January 1946. This, Sir, must have been pointed out at the beginning of the interrogation.
THE PRESIDENT: The date is on the document, but not the place. Go on, Colonel.
COL. POKROVSKY: With your permission, I shall continue my quotation from the minutes of the interrogation of Field Marshal Paulus, submitted to you:
“It was clear to the Hungarians that Germany’s assistance was in order to prepare the Hungarian Army in good time and in advance for future combined military operations, thus incorporating an ally into its ranks.
“With the later attack on Yugoslavia, which followed this, there was no need for special explanations as to the object of these military preparations.
“It was clear that armed forces were being made ready for war with the U.S.S.R., as the attack on Yugoslavia was part of the operational plan for the attack on the U.S.S.R.
“With the defeat of Yugoslavia, the right flank, which was to be formed at the beginning of military operations against Russia, was secured.”
I shall leave out one paragraph which deals with another subject, and continue to quote:
“The preparation of the combined German-Hungarian attack on Yugoslavia was entrusted to me. On 27 or 28 March 1941 I was called before Hitler at the Reich Chancellery where, besides Hitler, Keitel, Jodl, Halder, and Brauchitsch were present. Halder met me with the following words:
“ ‘The Führer has decided to attack Yugoslavia in order to eliminate the threat to the flank during the offensive against Greece and to seize the main Belgrade-Nish railway line which runs in a southerly direction. But the main objective of the attack on Yugoslavia is to have our right flank secure when later on the Plan Barbarossa shall be carried out.
“ ‘Your task is to go to Vienna immediately in my special train, and to transmit the orders and explain the situation to Field Marshal List (12th Army Group), General Von Kleist (Panzer group), and Colonel Von Witzleben (Chief of Staff of the 2d Army), who have been called there.
“ ‘From Vienna, you are to proceed to Budapest and there to co-ordinate with the Hungarian General Staff the strategic employment of the German forces on Hungarian territory and the participation of the Hungarian forces in the invasion of Yugoslavia.’ ”
The participation of Hitlerite generals of the very highest rank in the treacherous attack on Yugoslavia simply does not fit, in any way at all, into the execution of purely military tasks only.
I shall read one more document into the records, Document Number 1195-PS. You will find it in your document book on Page 423.
On 9 January 1946 four lines were read here from the second section. The time has now come to read it in full:
“Copy. Supreme Command of the Armed Forces, Operational Staff, Section L, (IV/QU), Number 00630/41; top secret, commanders only; Führer’s headquarters, 12. 4. 1941.
“Reference: OKW/L, (IV/QU), Number 4434/41; top secret, commanders only, of 3 April 1941.
“Provisional Directives for the Partition of Yugoslavia.
“I. The Führer has issued the following directions for the partition of Yugoslavia:
“1) Former territory of Styria and Carniola.
“The territory of the former Styria, extended to the south by a strip of about 90 kilometers in breadth and 10 to 15 kilometers in depth, will go to Gau Styria.
“The northern part of Carniola, with a borderline running south only as far as the river Sava but north of Ljubljana, according to the attached OKH map, is to become part of Carinthia.
“The High Command of the Army (OKH) is to hand over the territory occupied by the German troops, to the competent Gauleiter, subarea by subarea, as soon as the pacification of the country permits.
“The handing over of the territory occupied by the Italians will be prepared by a letter from the Führer to the Duce and carried out under direct orders from the Foreign Office. Until that time no measures whatever are to be taken on the German side. (Teletype OKH-General Quartermaster, Abt. Kr. Verw., A., Ob. Kdo. 2 I, Number 801/41, top secret, is hereby executed.)
“2) The territory beyond the River Mur (Übermur-Gebiet).
“The territory beyond the River Mur borders closely upon Hungary, conforming with the historic boundary. A later colonization of the German population living in the northwestern part of this territory has been taken into consideration. The handing over of this territory to the Hungarians will be regulated by the High Command of the Army.
“3) Banat.
“The territory from the point where the River Drava cuts the Hungarian boundary to the confluence of the River Tisa with the Danube is to go to Hungary. The territory east of the Tisa will be at first under German protection, as will the territory south of the Danube and east of the general line: confluence of the River Morava and the Danube-Pozarevac-Petrovac-Boljavac-Knjazevac-Kalna. This territory includes the Bor copper mines and the adjoining coal district in the southeast. The above line is considered as the basis and provisional demarcation line. At first, German military government is to be established under the High Command of the Army.
“4) Southern Serbia.
“The territory inhabited by Bulgarian Macedonians goes to Bulgaria, in conformity with the ethnographical boundary. Preliminary delimitation of the frontier, from the military viewpoint, will be carried out by the Supreme Command of the Army, which will prepare the handing over to Bulgaria.
“5) Old Serbia.
“The territory of old Serbia will be placed under German military administration under the High Command of the Army.
“6) Croatia.
“Croatia becomes an independent state within its ethnographical boundaries. There will be no interference on the part of Germany with its internal policy.
“7) Remaining territories including Bosnia and Montenegro.
“The political organization of these territories will be left to Italy. Here also the restoration of an independent state of Montenegro can be considered.
“II. The Demarcation of Boundaries:
“1) As far as the demarcation of boundaries has not been laid down in Part I, it will be carried out through the Supreme Command of the Armed Forces in agreement with the Foreign Office, the Plenipotentiary for the Four Year Plan, and the Reich Minister of the Interior.
“The Operational Staff of the Supreme Command Armed Forces (L IV QU) is the executive organ for the Supreme Command of the Armed Forces.
“2) The High Command of the Army will forward as soon as possible to the Operational Staff, Supreme Command of the Armed Forces its military recommendations relative to the drawing up of boundaries outside the territory of the protectorate south of the Danube, where this has not been already laid down by the Führer.
“3) The War Economic and Armament Office of the OKW will forward as soon as possible to the Operational Staff (Section L) its recommendations regarding the boundaries of the territory of the protectorate south of the Danube (Part I, Paragraph 3).
“4) As far as the Italians are concerned, the tactical boundaries between the armies hold good in the meantime.
“Chief of the Supreme Command of the Armed Forces, signed, Keitel.”
This document, signed by the Defendant Keitel, smashes to pieces the mendacious statement of the nonparticipation of the OKW in the political side of the fascist plan or conspiracy. The German generals, as a body, were not merely an obedient tool in Hitler’s hands.
The OKW, the Ministry for Foreign Affairs, and the Gestapo were interwoven into one sole entity. This is also borne out by the next document.
General Nedič, ex-Prime Minister of the quisling Yugoslav Government, in his depositions gives some interesting information on this question.
Before reading into the record a few excerpts from his depositions, I must say a few words concerning four Germans, whom Nedič mentions by name. He speaks of Kraus, Turner, Kiesel, and Kronholz.
Dr. Kraus was chief of the Gestapo South East, with central offices in Belgrade. Dr. Turner was chief of staff of the civil administration department attached to the German Military Command in Serbia. Dr. Kiesel was Dr. Turner’s deputy. Kronholz held no official post. He had lived in Yugoslavia even before the war and was director of the German transport firm Schenker A.G. Subsequently he turned out to be an important German intelligence agent. This information is certified by the Yugoslav Extraordinary Commission for the investigation of German atrocities. After this explanation, I shall read into the record a short excerpt from the evidence of the Serbian quisling, General Nedič. A true copy of the interrogation or rather excerpts from his minutes are registered by us as Document Number USSR-288. I am able to submit to you now, for your perusal, the original of these minutes with Nedič’s signature. Unfortunately I am not in a position to leave it with you in its entirety because it refers to a case concerning Yugoslavia which has not yet been finished, but I can hand it to you for perusal by the Tribunal, while the certified excerpts remain with us as evidence.
THE PRESIDENT: Colonel Pokrovsky, the Tribunal understand that you wish to put this document in as evidence and then to withdraw it for the purpose of its being used in some other cases; is that right?
COL. POKROVSKY: I should like to submit to you as evidence in this case, the excerpts from the minutes, duly certified by the Yugoslav Extraordinary Commission, in order that the minutes now in your hands, that is—the original minutes—may be returned to Belgrade where they will be presented as a document needed in another case which is still under investigation. I would therefore request you to keep a copy for the Tribunal after you have satisfied yourselves that this copy tallies with the original.
THE PRESIDENT: Well then, if that is so, we must ask you to deposit with this Tribunal a photostatic copy of this document, because, of course, all the documents or photostatic copies which are put in evidence must be deposited with the General Secretary of this Tribunal. So, if you will undertake to have a photostatic copy made of this document and left with the General Secretary, I think the Tribunal is agreed that you may do so, that you may use this document.
COL. POKROVSKY: Will the Tribunal be satisfied with the certified photostatic copy, in addition to the certified excerpts and a photostatic copy of the part which I am about to quote?
THE PRESIDENT: Yes, certainly.
COL. POKROVSKY: Thank you.
“I came to know Kronholz during the occupation period, before I became Prime Minister. As far as I can remember, he was brought to me by the Chief of the Gestapo, Dr. Kraus. . . . Then Kronholz insisted that I should accept the proposed post.
“Turner received me in the presence of Dr. Kiesel and said that he authorized me, through General Dankelmann, the German military commander in Serbia, to form an authoritarian government. . . .
“Almost simultaneously with the creation of my government, the Germans established contact with a group of Chetniks under the command of Pečanač, who had until then been hiding in the forests. The contact was also established through the Chief of the Gestapo, Dr. Kraus. Shortly after this, Pečanač arrived in Belgrade, called to see me, and offered his services. That is how my government came to form its first armed units.”
A little farther on, in the same minutes, we find the following record of Nedič’s testimonies:
“As soon as the formation of my government had been proclaimed at the beginning of September 1941, a delegation with authority from Draga Michailovič called on me to start negotiations.”
Nedič enumerates the terms, which are of no interest to us, and then says:
“I, for my part, accepted all these terms and offers. Draga Michailovič received money and the Germans permitted this.”
This is the end of the quotation.
Still another part of this record seems of importance to me; it concerns Nedič’s visit to Hitler and the Defendant Ribbentrop. Nedič stated:
“I noticed that at the meeting with the Defendant Ribbentrop, a demand was made that I should place all the spiritual and material resources of Serbia at the disposal of the German Reich for the continuation of the war.”
Speaking of this meeting with Hitler, Nedič stated:
“He shouted at me, emphasizing that the order concerning 100 for one not only would have to be altered, but that it should have been increased to 1000 for one. He added also that he was prepared to exterminate the entire population if the Serbians continued to act like rebels.”
The head of fascist Germany wished to control the Slav countries as if they were his own patrimony. Here he was helped by generals, diplomats, industrialists, and intelligence officers. All the acts of aggression were prepared and realized with their direct participation.
I repeat: The German generals as a body were not merely an obedient tool in Hitler’s hands. The Defendants Keitel, Jodl, and Göring personally participated in the planning, preparation, and realization of crimes against peoples and states.
Document 1195-PS added yet another proof in the establishment of this fact. The above named defendants, together with Neurath, Frick, Schirach, Frank, Seyss-Inquart, and Ribbentrop, are directly guilty of the very grave crimes which I reported to the Tribunal.
National Socialism cannot be separated from the idea of war. This is acknowledged by the Hitler slaves themselves.
In other words, Hitlerism and aggressive war are one and the same thing. And if wars are not always planned by military leaders only, it is always they who conduct them. The responsibility for aggression, for aggressive war, for the death of millions, for bestialities, for the destruction of cultural treasures and material wealth, must be borne by all the major war criminals now sitting in the dock.
THE PRESIDENT: We will adjourn now.
[A recess was taken.]
DR. NELTE: Mr. President, I would like to ask the Tribunal for a ruling as to a general question of submission of evidence. The Russian Delegation has submitted books which contain statements by generals and statesmen, without these statements being accompanied by an official remark by the Soviet authorities.
The documents which have been given to me today—USSR-149, 150, and 294—are only photostats of handwritten manuscripts. They contain neither a remark which could qualify them as affidavits, nor do they represent testimonies taken before a Soviet official or officer, nor do they represent governmental or official declarations.
I should be grateful to the Tribunal if it would make a decision on this question in accordance with Article 21 of the Charter. The opinion of the Defense Counsel is that such statements have only the value of a personal presentation by the Prosecution but no probative value.
THE PRESIDENT: May I see the documents?
[The documents were presented to the Tribunal.]
The Tribunal have no objection to the course taken by Dr. Nelte in drawing their attention to these documents at this stage. But they think it will be better for them to wait until the documents are actually offered in evidence before they consider whether or not they will admit them. If and when the documents are offered in evidence, they will then consider whether they will admit them or not.
COL. POKROVSKY: With the permission of the Tribunal, I wish to present Major General Zorya, State Councillor of Justice of the 3rd Class, who will present the materials on the following theme of “Aggression against the Soviet Union.”
DR. LATERNSER: I should like to point out that the decision of the Tribunal, that every defendant’s counsel should receive, sufficiently in advance, a copy of all documents which are to be submitted as evidence in the course of the proceedings, has not been complied with. It is, therefore, difficult for the Defense to follow the proceedings because the documents submitted have not been distributed in sufficient quantity.
THE PRESIDENT: I don’t think the Tribunal have ever imposed upon the Prosecution the duty of supplying a copy of every document to every member of defendants’ counsel.
You no doubt have before you a copy of the Tribunal’s order upon the subject, and I believe that the order is posted upon the board in the defendants’ Information Center. If I remember correctly, it is that a certain number of originals or photostatic copies shall be deposited in the Information Center, and that a certain number of copies of the documents shall be supplied to the defendants’ counsel, and that, for the rest, the defendants’ counsel must rely upon the fact that every document or part of a document which is put in evidence is read in open court and, therefore, comes through the earphones to defendants’ counsel and will appear in the shorthand notes. We have provided that copies of the shorthand notes shall be supplied to defendants’ counsel as soon as possible after the day on which the evidence is given. Beyond that we have not thought it right to impose a duty upon the Prosecution to supply documents to the defendants’ counsel.
Is that not in accordance with your recollection?
DR. LATERNSER: Mr. President, the American Prosecution, the British Prosecution, and also the French Prosecution, in the course of the proceedings, handled this in such a way that enough copies of all documents were made available to the Defense for each defendant’s counsel to have one copy before him. I believe that what is possible for the other Prosecution should also be possible for the Soviet Prosecution, in order to facilitate the work.
THE PRESIDENT: That is a belief on your part which is not strictly in accordance with the Tribunal’s orders. The Tribunal has not made that order, and it may be that the United States and Great Britain have gone beyond the Tribunal’s orders, and have supplied a copy to each defendant’s counsel. But, as I say, the Tribunal has not as yet seen fit to impose that duty upon the Prosecution.
I suppose you don’t really know exactly how many copies of these Soviet documents have been deposited in the Information Center?
DR. LATERNSER: I don’t know the exact number. At any rate, there were not enough for each defendant’s counsel to get a copy of each document, as was the case, so far, with the other Prosecutions.
THE PRESIDENT: Well, you no doubt understand the very great difficulties of making translations and making copies. I am sure that the Soviet prosecutors will do everything in their power to assist defendants’ counsel, but, as I say, we have not imposed upon the Prosecution the duty of supplying one copy of a translation into German of each document for each defendants’ counsel. I can only express the hope that the Soviet prosecutors will do the best they can.
DR. LATERNSER: Mr. President, I remember, when the fact became known that the press had received 250 copies of the documents, you, Mr. President, expressed the opinion that it should then also be possible to distribute 25 copies to the defendants’ counsel. That was, at that time, the opinion of the Tribunal.
THE PRESIDENT: The Tribunal’s orders on this subject are in writing and you will find them in the defendants’ Information Center. I have stated my recollection of them; if I am wrong, you can bring me a copy of the document and I will withdraw my statement.
MAJOR GENERAL N. D. ZORYA (Assistant Prosecutor for the U.S.S.R.): May it please Your Honors, it is my task to present the documentary evidence dealing with the aggression against the Union of Soviet Socialist Republics, organized by the fascist war criminals now sitting in the dock.
This charge of the crime, mentioned in Subparagraph a, Article VI of the Charter of the International Military Tribunal, was formulated in Paragraph 6, Section 4, Count One of the Indictment in the present case, and in Section IV of the opening statement by the Chief Prosecutor from the U.S.S.R., General Rudenko.
Among the many criminal wars which German fascism, with predatory aim, waged against the freedom-loving nations, the attack on the Union of the Soviet Socialist Republics occupies a place by itself.
It can be safely said that the predatory war against the Soviet Union was the keynote of the entire fascist conspiracy against peace. The aggressive actions on the part of German fascism committed prior to the attack on the U.S.S.R., and in part the German aggression against Czechoslovakia, Poland, and Yugoslavia, were, as has been demonstrated by my colleague, Colonel Pokrovsky, merely stages on the road to the attack on the Soviet Union.
Ukrainian wheat and coal from the Don Basin, nickel from the Kola Peninsula, and oil from the Caucasus, the fertile steppes of the pre-Volga region and the forests of Bielorussia all played a decisive part in the criminal schemes of the fascist aggressors.
The war against the Union of the Soviet Socialist Republics was also waged by fascist Germany with the intent of enslaving and exploiting the Soviet peoples.
In the war of fascist Germany against the Soviet Union, the animal hatred of the Hitlerites against the Slav peoples found its full horrifying expression.
And finally, German imperialism, appearing in its fascist edition, saw in the seizure of the wealth of the Soviet Union and in its incalculable resources of food and raw materials a base for the realization of their far-reaching aggressive aims to achieve, first, ascendancy over Europe, and, later on, ascendancy over the whole world.
The well-known formula of German imperialism, “Drang nach Osten,” mentioned in the opening statement of the Chief Prosecutor of the U.S.S.R., was at different times and in many different ways disguised by the fascist criminals, but always, in all their aggressive plans, pride of place was given to the attack on the Soviet Union.
“If new territory is desired”—wrote Hitler in his book, Mein Kampf—“in substance it can be secured at the expense of Russia. The new empire must move along the paths trodden by the knights of old.” (Hitler, Adolf, Mein Kampf, Munich edition, 1930, Page 742.)
The fact that having definitely brought fascist aggression to a head in 1939, Hitler began the war in the West, did not substantially change anything in this basic conception of fascism.
Under Document Number 789-PS the United States Prosecution submitted to the Tribunal the transcript of the conference held on 23 November 1939 between Hitler and the members of the German Supreme Command.
At this conference, Hitler, according to his own expression, gave a “survey of the thoughts dominating him in connection with the events to come.”
In the course of this survey he declared—you will find the passage I am now reading on Page 3 in the document book lying on the table of the Tribunal, Page 2 of the Russian text:
“For a long time I hesitated whether I should not begin with an attack in the East, and only then with the one in the West. It came about by force of events that for the nearest future the East dropped out of the picture.”
This statement by Hitler bore witness to the fact that the attack on the Soviet Union remained within the plans of fascist aggression, and the whole question was reduced only to the problem of selecting the most favorable moment for this attack.
It should be noted that this western version of the start of fascist aggression was not considered as the most favorable version by the authors of the aggression.
This same Hitler, exactly 5 months prior to the above-mentioned conference, at another conference of 23 May 1939 (Document Number L-79), while briefing his accomplices on the present situation and political aims, had said—the passage I am now quoting is Page 6 of the document book, “If fate forces us into a conflict with the West, it would be desirable that we, by that time, possess more expanse in the East.”
The vast expanses in the East, according to the aspirations of Hitler’s conspirators, were to play a decisive part during the conflict in the West.
Therefore, when the fascist hordes were unable to force the Channel, stopped at its shores, and were obliged to find new ways of aggression, the conspirators immediately began to prepare for an attack on the Soviet Union. This attack was the basis of all their plans of aggression, without which they could not be realized.
I believe it is not necessary to refer to documents of an earlier period, and particularly to quote any further from Hitler’s book, Mein Kampf, where questions connected with the predatory attack on the Soviet Union were formulated long before 1939.
This book has already been presented to the Tribunal, and relevant passages from it were quoted as evidence by our United States and British colleagues.
The Soviet Prosecution desires to submit to the Tribunal a series of documents which bear witness to the fact that the aggression of fascist Germany against the Union of Soviet Socialist Republics was committed with malice aforethought.
Among these documents there are files from various archives captured by units of the advancing Red Army, statements by fascist leaders published in the press, including those by several of the defendants, and depositions by persons who were in possession of reliable information as to how the preparations for the attack on the Soviet Union were actually carried out.
The documents of the Soviet Prosecution are presented under the following sections:
1. Preparations for war in Germany itself. 2. Assuring the security of the preparations for war by the intelligence activities. 3. The securing by the fascist conspirators of the participation of the satellite countries in the aggression against the Soviet Union.
I shall begin with Section 1, which I shall call, “Preparations for War in Germany Herself.”
The statements of Hitler and his accomplices demonstrate that the idea of a criminal attack on the Union of Soviet Socialist Republics had for a long time been ripe in the minds of the fascist conspirators. But apart from this fact, we are also interested in the question as to when this intention began to take on the concrete form of direct military preparations for the predatory war against the Soviet Union.
On 18 December 1940 the directive known to the Tribunal as directive Number 21, Plan Barbarossa—the document of the United States Prosecution numbered 446-PS—was put into its official form. The moment when the signature of the Supreme Command appears on such a document is the moment which crowns long and intensive work by all who formed the links in the chain of military administration.
This work may not have been governed by written orders. The secrecy camouflaging this work often made it necessary to have recourse to verbal orders. And, on the other hand, many orders of a routine nature, on the strength of an already existing strategic project, became correlated, although outwardly they seemed to have no connection with it.
It therefore appears that, with regard to establishing the actual moment at which military plans for the attack on the Soviet Union began. . . .
THE PRESIDENT: General Zorya, the Tribunal observes that you are about to read a deposition of General Warlimont, who, the Tribunal understands, is in Nuremberg, and the Tribunal considers that, in accordance with the order that it made the other day in another case, in the case of another deposition, that if the defendants’ counsel desired, and you wish to use this deposition, you ought to be prepared to allow General Warlimont to be submitted to the defendants’ counsel for cross-examination.
GEN. ZORYA: I am about to read into the record an extract from the interrogation of General Warlimont. This interrogation was carried out by General Alexandrov of the Soviet Prosecution, and if the Defense desires to call General Warlimont for cross-examination here before the Tribunal, the Soviet Prosecution will do its utmost to satisfy this request.
THE PRESIDENT: That is, of course, on the supposition that I am right to saying that General Warlimont is in Nuremberg—available in Nuremberg. Go on.
GEN. ZORYA: I am definitely of the opinion that it would be useful, when establishing the actual moment of the beginning of military operations for the attack on the Soviet Union, to resort not to documents only—for not everything is always put down in writing—but to revert to the testimony of people who participated directly in the realization of these preparations.
I should now like to pass on to those depositions of Walter Warlimont which you, Mr. President, have just mentioned. These depositions were given by Warlimont on 13 November 1945. I am presenting them as evidence under Document Number USSR-263.
Walter Warlimont, as is known, was the Chief of the Department of National Defense in the OKW, and later Deputy Chief of the Operational Staff.
I shall read into the Record that part of his deposition which touches on the question before us. I ask you to turn to Page 2 of the Russian text of this document, which is on Page 20 in the bundle of documents presented by the Russian Prosecution on the question, and the answers to questions put to Warlimont:
“Personally, I first heard of this plan”—that is Plan Barbarossa—“on 29 July 1940. On that day General Jodl arrived in a special train at Bad Reichenhall, where Department ‘L’ of the Operational Staff was stationed. Hitler was in Berchtesgaden. This struck us immediately, because General Jodl had, till then, hardly ever, I believe, come to see us. Besides myself, the three other senior officers were ordered to be present.”
I now skip several lines and pass on to Page 3 of the minutes of Warlimont’s interrogation; this will be Page 21 in the bundle of documents:
“I cannot repeat his statements verbatim. The meaning was as follows: Jodl said that the Führer had decided to prepare for war against Russia. The Führer justified this by saying that war had to come one way or another, so that it would be better to prosecute this war in connection with the one already being fought, and, in any case, to start the necessary preparations for it.”
I skip several lines which are not relevant to the question we are dealing with and continue:
“Then or at a later date Jodl declared that Hitler intended to begin the war against the Soviet Union as early as the autumn of 1940, but later he gave up this idea. The reason was that the deployment of the troops at that time could not yet be executed. For this purpose the necessary conditions in Poland did not exist; railways, quarters, and bridges were not prepared for the advance of the tanks; communication lines and airdromes were not organized. . . . Therefore an order was given to establish all the conditions for the preparation and execution of such a campaign.”
To the question put by the Prosecution as to whether this order was issued on 9 August 1941 and called “Aufbau Ost,” Warlimont replied:
“Yes, this order was prepared by the staff leaders in accordance with the instructions of General Jodl. . . .
“In General Jodl’s opinion, the concentration could take place only after all the preparations indicated in this order had been made.”
Further on in his statement, Warlimont said that Plan Barbarossa, originally called “Fritz,” was presented to Hitler on 5 December 1940, after which it was re-edited and issued on 18 December.
I think that the testimony of a man like Friedrich Paulus, a former field marshal of the German Army, who, as is known, was directly concerned both in the preparations and in the execution of Plan Barbarossa, can give considerable help in investigating the preparation of this plan.
I present the testimony of Friedrich Paulus, dated 9 January 1946, given in a camp for prisoners of war, and marked Document Number USSR-156, and request that it be accepted as evidence.
DR. NELTE: Mr. President, I just wanted to remark that I do not possess a copy of the document concerning Paulus. But it seems to be the same statement which it has not yet been possible to give to the defendants’ counsel. If the Soviet Prosecution could give me the statement now, I would then decide if I could present my protest for decision now in the form in which I raised it at the beginning of this session.
[Copies of the document were submitted to Dr. Nelte.]
According to the original before me now, this is a similar statement by Field Marshal Paulus. Paulus has expressed his opinion in a letter to the Government of the Soviet Union and the Soviet Delegation has, I assume, now presented the original to you. This photostat bears no official certification by the Soviet authorities, nor is the statement an affidavit which could be admitted as evidence.
Therefore, I ask the Tribunal in this particular case to give a general decision on the question which I raised at the beginning of this session as well, so that in the future the Soviet Prosecution will be familiar with the treatment of such statements by the Tribunal.
THE PRESIDENT: Do you wish to make any answer to what Dr. Nelte has said?
GEN. ZORYA: Yes, I do.
In accordance with the wish of the Tribunal, as expressed in a previous session, the Soviet Prosecution has taken the necessary measures for originals of all the documents of the Soviet Prosecution, or else documents certifying the authenticity of these documents to be placed at the disposal of the Tribunal through the good offices of the General Secretary, with indications of the places where they are to be found.
Moreover, bearing in mind that certain witnesses, whose evidence will be presented in a forthcoming session by the Soviet Prosecution, are of considerable interest and that it is possible that the Defense may wish to cross-examine them, the Soviet Prosecution will take all necessary measures to bring some of these witnesses to Nuremberg in order to hear their verbal evidence. Special interest attaches to the deposition of Paulus, extracts from which I propose to quote in my report, and which must be checked no later than this evening, after which Friedrich Paulus will be brought to the courtroom.
THE PRESIDENT: Then I understood from what you said, General, that as far as the photostatic copy of Field Marshal Paulus’ statement is concerned, a certificate will be furnished—as we indicated the Tribunal wishes—that the photostatic copy is a true copy of the original, and so far as the question of producing witnesses of importance is concerned, Field Marshal Paulus will be produced as a witness for the defendants’ counsel to cross-examine.
That meets your objection, I think, Dr. Nelte.
DR. NELTE: The basic principle of this question, as it appears to me, lies in the fact that official proof should be given that the statements contained in the documents submitted really represent what the persons who made them meant to say. Written statements are never more than a dubious substitute for a personal examination of a witness.
The Defense is fully aware of the difficulties encountered, particularly by the Soviet Prosecution, in producing witnesses where, for instance, reports are to be found. The Defense realizes the fact, but in those cases in which the individuality of the witness and the importance of certain questions really do matter, the personal examination of witnesses should be preferred to any statement. Wherever this is impossible, for reasons which we are unable to judge, it would however, at any rate, be desirable that those people who have made these statements should make them in the form of an affidavit or an interrogatory.
If the Soviet Delegation should produce a certificate to the effect that these statements are corresponding to the original statements, it would not mean that the documents would acquire an increased value in our eyes. We do not doubt for one moment that statements of this kind are in the possession of the Soviet Delegation. The Defense is interested not so much in the formal confirmation of the statements as in the possibility of increasing the material evidence. If the Soviet Prosecution could assist us in this respect, we should be grateful.
THE PRESIDENT: You can go on, General.
GEN. ZORYA: I repeat, I believe that the testimony of Friedrich Paulus can be of great assistance to us in our investigation. I present the testimony of Friedrich Paulus to which I have just referred and shall now read into the Record that part of his testimony which refers to the history of the preparation of Plan Barbarossa.
I request you to open the bundle of documents submitted to the Tribunal on Page 27, and there, in the text of Paulus’ testimony, on Page 2, you will find the passages underlined in pencil, which I now intend reading into the Record. From 3 September. . . .
THE PRESIDENT: Perhaps, General, since it is now a quarter to one you had better not begin this document before the adjournment.
GEN. ZORYA: I obey, Mr. President.