| Document | Description | Vol. | Page |
| Charter of the International Military Tribunal, Article 6 (a). | I | 5 | |
| International Military Tribunal, Indictment Number 1, Sections IV (F) 3 (a, b); V. | I | 23-24, 29 | |
| ————— | |||
| Note: A single asterisk (*) before a document indicates that the document was received in evidence at the Nurnberg trial. A double asterisk (**) before a document number indicates that the document was referred to during the trial but was not formally received in evidence, for the reason given in parentheses following the description of the document. The USA series number, given in parentheses following the description of the document, is the official exhibit number assigned by the court. | |||
| ————— | |||
| *386-PS | Notes on a conference with Hitler in the Reich Chancellery, Berlin, 5 November 1937, signed by Hitler’s adjutant, Hossbach, and dated 10 November 1937. (USA 25) | III | 295 |
| *812-PS | Letter from Rainer to Seyss-Inquart, 22 August 1939 and report from Gauleiter Rainer to Reichskommissar Gauleiter Buerckel, 6 July 1939 on events in the NSDAP of Austria from 1933 to 11 March 1938. (USA 61) | III | 586 |
| **1060-PS | Order pursuant to law concerning Reunion of Austria with German Reich, 16 March 1938. 1938 Reichsgesetzblatt, Part I, p. 249. (Referred to but not offered in evidence.) | III | 717 |
| *1544-PS | Von Papen’s notes, 26 February 1938, on his parting visit with Chancellor Schuschnigg. (USA 71) | IV | 103 |
| **1659-PS | Second Order concerning Plebiscite and Election for the Greater German Reichstag of 24 March 1938. 1938 Reichsgesetzblatt, Part I, p. 303. (Referred to but not offered in evidence.) | IV | 170 |
| 1660-PS | Decree for registration for active service in Austria in the year 1938 of 16 June 1938. 1938 Reichsgesetzblatt, Part I, p. 631. | IV | 171 |
| *1760-PS | Affidavit of George S. Messersmith, 28 August 1945. (USA 57) | IV | 305 |
| *1775-PS | Propositions to Hitler by OKW, 14 February 1938. (USA 73) | IV | 357 |
| *1780-PS | Excerpts from diary kept by General Jodl, January 1937 to August 1939. (USA 72) | IV | 360 |
| *2219-PS | Excerpt from letter from Seyss-Inquart to Goering, 14 July 1939. (USA 62) | IV | 854 |
| *2246-PS | Report of von Papen to Hitler, 1 September 1936, concerning Danube situation. (USA 67) | IV | 930 |
| *2247-PS | Letter from von Papen to Hitler, 17 May 1935, concerning intention of Austrian government to arm. (USA 64) | IV | 930 |
| *2248-PS | Report of von Papen to Hitler, 27 July 1935, concerning National Socialism in Austria. (USA 63) | IV | 932 |
| *2307-PS | Law concerning reunion of Austria with German Reich, 13 March 1938. 1938 Reichsgesetzblatt, Part I, p. 237. (GB 133) | IV | 997 |
| **2310-PS | First Decree of Fuehrer and Reich Chancellor concerning Introduction of German Reich Law into Austria, 15 March 1938. 1938 Reichsgesetzblatt, Part I, p. 247. (Referred to but not offered in evidence.) | IV | 1004 |
| **2311-PS | Decree of Fuehrer and Reich Chancellor concerning Administration of the Oath to Officials of Province of Austria, 15 March 1938. 1938 Reichsgesetzblatt, Part I, p. 245. (Referred to but not offered in evidence.) | IV | 1005 |
| **2313-PS | Order for Transfer of Austrian National Bank to Reichsbank, 17 March 1938. 1938 Reichsgesetzblatt, Part I, p. 254. (Referred to but not offered in evidence.) | IV | 1006 |
| **2367-PS | Hitler’s speech of 1 May 1936, published in Voelkischer Beobachter, Southern German edition, 2-3 May 1936. (Referred to but not offered in evidence.) | IV | 1101 |
| *2385-PS | Affidavit of George S. Messersmith, 30 August 1945. (USA 68) | V | 23 |
| *2461-PS | Official German communique of meeting of Hitler and Schuschnigg, 12 February 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (GB 132) | V | 206 |
| *2463-PS | Telegram from Seyss-Inquart to Hitler, 11 March 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (USA 703) | V | 207 |
| **2464-PS | Official Austrian communique of the reorganization of the Austrian Cabinet and general political amnesty, 16 February 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (Referred to but not offered in evidence.) | V | 208 |
| **2465-PS | Announcement of appointment of Seyss-Inquart as Federal Chancellor, 11 March 1938, published in Documents of German Politics, 1938, Vol. VI, Part 1. (Referred to but not offered in evidence.) | V | 209 |
| **2466-PS | Official communique of resignation of Austrian President Miklas, 13 March 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (Referred to but not offered in evidence.) | V | 209 |
| 2467-PS | Hitler’s telegram to Mussolini from Linz, 13 March 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. | V | 210 |
| **2469-PS | Official German and Austrian communique concerning equal rights of Austrian National Socialists in Austria, 18 February 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (Referred to but not offered in evidence.) | V | 210 |
| **2484-PS | Official German communique of visit of Austrian Minister Seyss-Inquart to Hitler, Berlin, 17 February 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (Referred to but not offered in evidence.) | V | 234 |
| **2485-PS | Address by Federal Chancellor Seyss-Inquart from Balcony of City Hall at Linz, 12 March 1938, published in Documents of German Politics, Vol. VI, Part 1, p. 144-145. (Referred to but not introduced in evidence.) | V | 234 |
| 2510-PS | Hitler letter to Mussolini, 11 March 1938, published in Documents of German Politics, Vol. VI, Part 1, pp. 135-7, No. 24. | V | 244 |
| **2799-PS | Letter from Hitler to von Papen, 26 July 1934, published in Documents of German Politics, Vol. II, p. 83, No. 38. (Referred to but not offered in evidence.) | V | 441 |
| 2831-PS | Letter from Office of Extraordinary and Plenipotentiary Ambassador of German Government to Reich Chancellery, inclosing report on Political situation in Austria, 14 January 1937. | V | 498 |
| *2832-PS | Entry for July 26, 1934 from Ambassador Dodd’s diary. (USA 58) | V | 500 |
| 2909-PS | Affidavit of August Eigruber, 9 November 1945. | V | 578 |
| **2935-PS | Order concerning establishment of Reich Propaganda Office in Vienna, 31 March 1938. 1938 Reichsgesetzblatt, Part I, p. 350. (Referred to but not offered in evidence.) | V | 604 |
| **2936-PS | Instruction of the Fuehrer and Reich Chancellor, concerning the Austrian Federal Army, 13 March 1938, published in Documents of German Politics, 1938, Vol. VI, Part 1, p. 150. (Referred to but not offered in evidence.) | V | 604 |
| *2949-PS | Transcripts of telephone calls from Air Ministry, 11-14 March 1938. (USA 76) | V | 628 |
| *2968-PS | Memorandum from U. S. Army officer concerning plaque erected in Austrian Chancellery in memoriam to killers of Dollfuss. (USA 60) | V | 677 |
| 2985-PS | Telephone message of Mr. Hadow, British Legation, Vienna, to Sir John Simon, 26 July 1934. | V | 687 |
| **2994-PS | Affidavit of Kurt von Schuschnigg, former Chancellor of Austria, concerning Austrian-German Treaty of 11 July 1936. (USA 66) (Objection to admission in evidence upheld) | V | 703 |
| 2995-PS | Affidavit of Kurt von Schuschnigg, former Chancellor of Austria, concerning his visit to Berchtesgaden on 12 February 1938. | V | 709 |
| 2996-PS | Affidavit of Kurt von Schuschnigg, former Chancellor of Austria, concerning events of 11 March 1938. | V | 713 |
| *3045-PS | Letter, 12 March 1938, to British Embassy enclosing letter from Henderson to Halifax, 11 March 1938. (USA 127) | V | 765 |
| *3054-PS | “The Nazi Plan”, script of a motion picture composed of captured German film. (USA 167) | V | 801 |
| 3062-PS | Memorandum found in Goering’s office, 19 November 1936, concerning Guido Schmidt, Foreign Minister of Austria under Schuschnigg. | V | 868 |
| *3254-PS | The Austrian Question, 1934-1938, by Seyss-Inquart, 9 September 1945. (USA 704) | V | 961 |
| *3270-PS | Goering’s speech on 27 March in Vienna, published in Documents of German Politics, Vol. VI, Part 1, p. 183. (USA 703) | V | 1047 |
| *3271-PS | Letter from Seyss-Inquart to Himmler, 19 August 1939. (USA 700) | V | 1047 |
| *3287-PS | Letter from von Neurath to Henderson, 12 March 1938. (USA 128) | V | 1090 |
| *3308-PS | Affidavit by Paul Otto Gustav Schmidt, 28 November 1945. (GB 288) | V | 1100 |
| 3390-PS | Letter from Seyss-Inquart to Keppler, 25 October 1937. | VI | 105 |
| 3392-PS | Letter from Seyss-Inquart to Keppler, 3 September 1937. | VI | 109 |
| 3395-PS | Letter from Seyss-Inquart to Keppler, 3 September 1937. | VI | 113 |
| *3396-PS | Letter from Seyss-Inquart to Dr. Jury. (USA 889) | VI | 114 |
| *3397-PS | Letter from Keppler to Seyss-Inquart, 8 January 1938. (USA 702) | VI | 115 |
| 3400-PS | Minutes of meeting of German Association, 28 December 1918, and Constitution and By-Laws thereof found in personal files of Seyss-Inquart for period of 1918 to 1943. | VI | 118 |
| *3425-PS | Voluntary statement made by Seyss-Inquart with advice of counsel, 10 December 1945. (USA 701) | VI | 124 |
| 3467-PS | Law on Limitation of travel to Republic Austria 29 May 1933. 1933 Reichsgesetzblatt, Part I, No. 57, p. 311. | VI | 169 |
| *3471-PS | Letter from Keppler to Bodenschatz, 21 February 1938, with enclosures noting activity of Leopold as leader of Austrian Nazis and possible appointment of Klausner as his successor. (USA 583) | VI | 195 |
| *3472-PS | Letter from Keppler to Goering, 9 February 1938, requesting that Leopold be forbidden to negotiate with Schuschnigg except with approval of Reich authorities. (USA 582) | VI | 196 |
| *3473-PS | Letter from Keppler to Goering, 6 January 1938, giving details of Nazi intrigue in Austria. (USA 581) | VI | 197 |
| 3574-PS | Filing notice regarding discussion between Chief of CI and Chief of Foreign CI on 31 January 1938, 2 February 1938, signed Canaris. | VI | 265 |
| 3576-PS | Letter from Keppler to Goering, 19 February 1938, with enclosure reporting on situation in Austria as of 18 February. | VI | 271 |
| 3577-PS | Letter presumably from Buerkel to Goering, dated Vienna, 26 March 1938, concerning Aryanization of Jewish-held business in Austria and disposition of resulting funds. | VI | 275 |
| *C-102 | Document signed by Hitler relating to operation “Otto”, 11 March 1938. (USA 74) | VI | 911 |
| *C-103 | Directive signed by Jodl, 11 March 1938, on conduct towards Czech or Italian troops in Austria. (USA 75) | VI | 913 |
| *C-175 | OKW Directive for Unified Preparation for War 1937-1938, with covering letter from von Blomberg, 24 June 1937. (USA 69) | VI | 1006 |
| *C-182 | Directive No. 2 from Supreme Commander Armed Forces, initialled Jodl, 11 March 1938. (USA 77) | VI | 1017 |
| *L-150 | Memorandum of conversation between Ambassador Bullitt and von Neurath, German Minister for Foreign Affairs, 18 May 1936. (USA 65) | VII | 890 |
| *L-151 | Report from Ambassador Bullitt to State Department, 23 November 1937, regarding his visit to Warsaw. (USA 70) | VII | 894 |
| *L-172 | “The Strategic Position at the Beginning of the 5th Year of War”, a lecture delivered by Jodl on 7 November 1943 at Munich to Reich and Gauleiters. (USA 34) | VII | 920 |
| *L-273 | Report of American Consul General in Vienna to Secretary of State, 26 July 1938, concerning anniversary of assassination of Chancellor Dollfuss. (USA 59) | VII | 1094 |
| L-281 | Text of Schuschnigg radio address of 11 March 1938, contained in telegram from American Legation in Vienna to the Secretary of State, 11 March 1938. | VII | 1096 |
| L-291 | Telegram from American Embassy Berlin to Secretary of State, 11 March 1938, concerning Austrian situation. | VII | 1097 |
| *L-292 | Telegram of American Consul General in Vienna to Secretary of State, 12 March 1938, concerning propaganda dropped over Vienna. (USA 78) | VII | 1098 |
| L-293 | Telegram from American Legation in Vienna to Secretary of State, 12 March 1938. | VII | 1098 |
| *TC-22 | Agreement between Austria and German Government and Government of Federal State of Austria, 11 July 1936. (GB 20) | VIII | 369 |
| *TC-26 | German assurance to Austria, 21 May 1935, from Documents of German Politics, Part III, p. 94. (GB 19) | VIII | 376 |
| TC-47 | Hitler’s Proclamation of Invasion of Austria, 12 March 1938. | VIII | 398 |
| Affidavit H | Affidavit of Franz Halder, 22 November 1945. | VIII | 643 |
| **Chart No. 11 | Aggressive Action 1938-39. (Enlargement displayed to Tribunal.) | VIII | 780 |
| **Chart No. 12 | German Aggression. (Enlargement displayed to Tribunal.) | VIII | 781 |
| **Chart No. 13 | Violations of Treaties, Agreements and Assurances. (Enlargement displayed to Tribunal.) | VIII | 782 |
4. THE EXECUTION OF THE PLAN TO INVADE CZECHOSLOVAKIA
A. Development of the Nazi Program of Aggression.
In the period 1933-1936 the conspirators had initiated a program of rearmament designed to give the Third Reich military strength and political bargaining power to be used against other nations. Furthermore, beginning in the year 1936 they had embarked on a preliminary program of expansion which, as it turned out, was to last until March 1939. This program was intended to shorten Germany’s frontiers, to increase its industrial and food-reserves, and to place it in a position, both industrially and strategically, from which the Nazis could launch a more ambitious and more devastating campaign of aggression. At the moment, in the early spring of 1938, when the Nazi conspirators first began to lay concrete plans for the conquest of Czechoslovakia they had reached approximately the halfway point in this preliminary program.
The preceding autumn, at the conference in the Reichs Chancellery on 5 November 1937, Hitler had set forth the program which Germany was to follow. The events of this conference are contained in the so-called Hossbach minutes. The question for Germany, as the Fuehrer had informed his military commanders at this meeting, is where the greatest possible conquest can be made at the lowest cost (386-PS). At the top of his agenda stood two countries: Austria and Czechoslovakia. On 12 March 1938 Austria was occupied by the German Army, and on the following day it was annexed to the Reich. The time had come for a redefinition of German intentions toward Czechoslovakia.
A little more than a month later Hitler and Keitel met to discuss plans for the envelopment and conquest of the Czechoslovak State. On 21 April 1938, Hitler and Keitel discussed the pretexts which Germany might develop to serve as an excuse for a sudden and overwhelming attack. They considered the provocation of a period of diplomatic squabbling which, growing more serious, would lead to the excuse for war. In the alternative, and this alternative they found to be preferable, they planned to unleash a lightning attack as the result of an “incident” of their own creation. Consideration was given to the assassination of the German Ambassador at Prague to create the requisite incident. The necessity of propaganda to guide the conduct of Germans in Czechoslovakia and to intimidate the Czechs was recognized. Problems of transport and tactics were discussed with a view to overcoming all Czechoslovak resistance within four days, thus presenting the world with a fait accompli and forestalling outside intervention. (388-PS, Item 2)
Thus in mid-April 1938 the designs of the Nazi conspirators to conquer Czechoslovakia had already reached the stage of practical planning.
B. The Background of Friendly Diplomatic Relations.
This conspiracy must be viewed against a background of amicable German-Czech diplomatic relations. Although they had in the fall of 1937 determined to destroy the Czechoslovak State, the leaders of the German government were bound by a treaty of arbitration and by assurances freely given to observe the sovereignty of Czechoslovakia. By a formal treaty signed at Locarno on 16 October 1925, Germany and Czechoslovakia agreed, with certain exceptions, to refer to an arbitral tribunal or to the Permanent Court of International Justice,
“* * * all disputes of every kind between Germany and Czechoslovakia with regard to which the parties are in conflict as to their respective rights, and which it may not be possible to settle amicably by the normal methods of diplomacy. * * *” (TC-14)