There is perhaps no need to recall in these pages that the Nurnberg trial represents the first time in history that legal proceedings have been instituted against leaders of an enemy nation. It is perhaps equal supererogation to state here that there are no exact precedents for the charges made by the American, British, French, and Russian prosecutors that to plot or wage a war of aggression is a crime for which individuals may be punished. Yet it was because of these very facts that in its indictment the prosecution presented a challenge to itself quite as great as to the defense. A heavy burden was laid on the accusing nations to make sure that their proof measured up to the magnitude of their accusations, and that the daring of their grand conception was matched by the industry of their research, lest the hard-bought opportunity to make International Law a guardian of peace should fail by default.
It is not surprising, therefore, that the American collecting and processing of documentary evidence, under the general direction of Col. Robert G. Storey, gradually developed into an operation of formidable scope. Although some pieces of evidence were secured in Washington and London, by far the greater part was obtained in the land of the enemy. As the American Armies had swept into Germany, military investigating teams had filled document centers with an increasing wealth of materials which were freely made available by the Army to OCC field investigators. Special assistance was given by the Document Section, G-2 Division, SHAEF, and by the Document Sections of the Army Groups and Armies operating in the European Theater. OCC investigators also made valuable discoveries while prospecting on their own. They soon found themselves embarrassed with riches. Perhaps foremost among the prize acquisitions was the neatly crated collection of all the personal and official correspondence of Alfred Rosenberg, together with a great quantity of Nazi Party correspondence. This cache was discovered behind a false wall in an old castle in Eastern Bavaria, where it had been sent for safekeeping. Another outstanding collection consisted of thirty-nine leather-bound volumes containing detailed inventories of the art treasures of Europe which had been looted by the Einsatzstab Rosenberg. These catalogues, together with much of the priceless plunder itself, were found hidden deep in an Austrian salt mine. An innocent-appearing castle near Marburg was found to contain some 485 tons of crated papers, which inspection revealed to be the records of the German Foreign Office from 1837 to 1944. Among other outstanding bulk acquisitions were more than 300 crates of German High Command files, 85 notebooks containing minutes of Hitler’s conferences, and the complete files of the German Navy.
The task was to screen thoroughly this abundance of material so as to overlook no relevant item, and yet at the same time to obtain the proof and to translate it in season, so as not to delay preparation of the Indictment or commencement of the trial. The procedures followed in this process are described in the affidavit of Maj. William H. Coogan (001-A-PS), which is listed numerically among the documents. As a result of those procedures, more than 100,000 documents were individually examined in order to segregate those of importance. Of these 100,000 documents, approximately 4,000 were found to be of clear or potential value. This group of 4,000 was further reduced through exacting standards of elimination to a total of some 2,000 documents which it was proposed to offer in evidence, and which make up the bulk of this publication. Thus, the documents presented in these volumes are the fittest survivors of a rigorous sifting. Each of them has met requirements designed to ensure the selection of only the most significant in bearing on the American case. Documents primarily concerned with the report of individual barbarities or perversions were excluded, in conformity with the emphasis placed upon those tending to prove elements in the Nazi Master Plan.
These documents consist, in the main, of official papers found in archives of the German Government and Nazi Party, diaries and letters of prominent Germans, and captured reports and orders. There are included, in addition, excerpts from governmental and Party decrees, from official newspapers and from authoritative German publications. The authenticity of all these materials is established by Maj. Coogan’s affidavit (001-A-PS). Considered together, they reveal a fairly comprehensive view of the inner workings and outward deeds of the German government and of the Nazi Party, which were always concealed from the world, and for which, the world will always hold the Hitler regime in horror and contempt.
II
It is important that it be clearly understood what this collection of documents is not. In the first place, it is neither an official record, nor an unofficial transcript of the trial proceedings. It is not designed to reproduce what has taken place in court. It is merely the documentary evidence prepared by the American and British prosecuting staffs, and is in no wise under the sponsorship of the Tribunal. It is presented in the belief that this collection containing the full text of the documents, classified under appropriate subjects, may be more useful to students of the Nurnberg trial than the official record, when prepared, may be.
The reason for this goes back to the first few days of the trial, when the Tribunal ruled that it would treat no written matter as in evidence unless it was read in full, word by word, in court. The purpose of the ruling was to enable the documentary material which the American and British staffs had translated from German into English to be further translated into Russian and French through the simultaneous interpreting system in the courtroom. The consequence, however, was to enforce upon the American and British prosecution the task of trimming their evidence drastically unless the trial was to be protracted to an unconscionable length. Counsel therefore had to content themselves in most instances with introducing, by reading verbatim, only the most vital parts of the documents relied upon. Only these evidentiary minima appear in the daily transcript, and presumably, since no more is officially in evidence under the Tribunal’s ruling, no more can properly be included in the official record. It has frequently been the case, furthermore, that different parts of certain documents were read in proof of different allegations, and hence are scattered throughout the transcript. American counsel, in several instances, read only sketchy portions of some documents, leaving other portions, at the request of the French and Soviet delegations, to be read later as a part of their case. Still other portions of the same document will undoubtedly be read later on by the defense. It is an unavoidable consequence that the transcript itself will be a thing of shreds and patches, and that any comprehensive and orderly notion of the documentary evidence must be obtained elsewhere. The documentary excerpts, when accompanied by the explanation of trial counsel, are of course sufficient for the trial and for the judgment of the Tribunal. But the purposes of historians and scholars will very likely lead them to wish to examine the documents in their entirety. It is to those long-range interests that these volumes are in the main addressed.
Secondly, this collection of documents is not the American case. It is at once more and less than that. It is less, because it of course cannot include the captured motion picture and still photographic evidence relied upon, and because it contains only a few of the organizational charts and visual presentation exhibits utilized at the trial. It is more, because although it does contain all the evidence introduced either in part or in whole by the American staff in proof of Count I, it also includes many documents not introduced into evidence at all. There were various reasons for not offering this material to the Tribunal: the documents were cumulative in nature, better documents were available on the same point, or the contents did not justify the time required for reading. (The document index at the end of Volume VIII is marked to indicate which documents were introduced, either in whole or in part, in evidence.) Of more than 800 American documents so far introduced in evidence, a small number were received through judicial notice or oral summarization, while some 500 were read, in part or in whole, in court. Approximately 200 more went into evidence in the first few days of the trial, under an earlier ruling of the Tribunal which admitted documents without reading, and merely on filing with the court after proof of authenticity. Of the documents not now in evidence and thus not before the Tribunal for consideration in reaching its decision, many have been turned over to the French and Soviet prosecuting staffs and, by the time these volumes are published, will have been introduced in the course of their cases. Others will have been put before the Tribunal by the American case in rebuttal or utilized in cross-examining witnesses called by the defense.
This publication includes a series of affidavits prepared under the direction of Col. John Harlan Amen, chief of the OCC Interrogation Division. Those which were introduced into evidence are listed among the documents in the PS series. A number of affidavits which were not offered to the Tribunal are printed in a separate section at the end of the document series. Affidavits of the latter type were prepared in an attempt to eliminate surprise by delineating clearly the testimony which the affiant might be expected to give in court, should it be decided to call him as a witness. In the case of the affiants who testified in court, their affidavits represent a substantially accurate outline of their testimony on direct examination. Others of the affiants may, by the time of publication, have been called as rebuttal witnesses for the prosecution. In addition, there are included selected statements of certain defendants and prisoners written to the prosecutors from prison. It should be mentioned in this connection that as a result of many months of exhaustive questioning of the defendants, prisoners of war, and other potential witnesses, the Interrogation Division has harvested approximately 15,000 typewritten pages of valuable and previously unavailable information on a variety of subjects. These extensive transcripts represent approximately 950 individual interrogations and are presently being edited and catalogued in Nurnberg so that the significant materials may be published in a useful form and within a manageable scope, as a supplement to these present volumes.
This collection also includes approximately 200 documents obtained and processed by the British prosecuting staff, known as the British War Crimes Executive, and presented in substantiation of Count II of the Indictment, which the British delegation assumed the responsibility of proving. It seems altogether fitting that these documents should be included in these volumes since, in proving illegal acts of aggression, they naturally supplement the American documents proving the illegal conspiracy to commit aggression. The American prosecuting staff is grateful to Sir David Maxwell-Fyfe, the British Deputy Chief Prosecutor, from whom and from the goodly company of whose associates there has ever been the most generous cooperation, for consent to the publication of the British documents by the United States Government.