“I first want to thank you for your last attempt at mediation. I would have been ready to accept, but only under condition, that there would be a possibility to give me certain guarantees that the conference would be successful. Because, for the last two days the German troops are engaged in an extraordinarily rapid advance in Poland. It would have been impossible to devaluate the bloody sacrifices made thereby by diplomatic intrigues. Nevertheless, I believe that a way could have been found, if England would not have been determined to wage war under all circumstances. I have not given in to the English, because, Duce, I do not believe that peace could have been maintained for more than one-half year or one year. Under these circumstances, I thought that, in spite of everything, the present moment was better for resistance. At present, the superiority of the German armed forces in Poland is so overwhelming in all fields that the Polish Army will collapse in a very short time. I doubt whether this fast success could be achieved in one or two years. England and France would have armed their allies, to such an extent that the crushing technical superiority of the German Armed Forces could not have become so apparent anymore. I am aware, Duce, that the fight which I enter, is one for life and death. My own fate does not play any role in it at all. But I am also aware that one cannot avoid such a struggle permanently and that one has to choose after cold deliberation the moment for resistance in such a way that the probability of the success is guaranteed and I believe in this success, Duce, with the firmness of a rock. Recently you have given me the kind assurance that you think you will be able to help me in a few fields. I acknowledge this in advance with, sincere thanks. But I believe also—even if we march now over different roads—that fate will finally join us. If the National Socialist Germany were destroyed by the Western democracies, the Fascist Italy would also have to face a grave future. I was personally always aware of this community of the future of our two governments and I know that you, Duce, think the same way. To the situation in Poland, I would like to make the brief remark that we lay aside, of course, all unimportant things, that we do not waste any man in unimportant tasks, but direct all on acts in the light of great operational considerations. The Northern Polish Army which is the Corridor, has already been completely encircled by our action. It will be either wiped out or will surrender. Otherwise, all operations proceed according to plan. The daily achievements of the troops are far beyond all expectations. The superiority of our air force is complete, although scarcely one-third of it is in Poland. In the West I will be on the defensive. France can here sacrifice its blood first. Then the moment will come when we can confront the enemy also there with the full power of the nation. Accept my thanks, Duce, for all your assistance which you have given to me in the past and I ask you not to deny it to me in the future.” (1831-PS)
LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO AGGRESSION AGAINST POLAND, DANZIG, ENGLAND AND FRANCE
| Document | Description | Vol. | Page |
| Charter of the International Military Tribunal, Article 6 (a). | I | 5 | |
| International Military Tribunal, Indictment Number 1, Sections IV (F) 4; V. | I | 26, 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 |
| *388-PS | File of papers on Case Green (the plan for the attack on Czechoslovakia), kept by Schmundt, Hitler’s adjutant, April-October 1938. (USA 26) | III | 305 |
| *699-PS | Letter from Funk to Hitler, 25 August 1939, reporting on economic affairs. (GB 49) | III | 509 |
| *789-PS | Speech of the Fuehrer at a conference, 23 November 1939, to which all Supreme Commanders were ordered. (USA 23) | III | 572 |
| *795-PS | Keitel’s conference, 17 August 1939, concerning giving Polish uniforms to Heydrich. (GB 54) | III | 580 |
| *798-PS | Hitler’s speech to Commanders-in-Chief, at Obersalzberg, 22 August 1939. (USA 29) | III | 581 |
| *1014-PS | Hitler’s speech to Commanders-in-Chief, 22 August 1939. (USA 30) | III | 665 |
| *1639-A-PS | Mobilization book for the Civil Administration, 1939 Edition, issued over signature of Keitel. (USA 777) | IV | 143 |
| *1780-PS | Excerpts from diary kept by General Jodl, January 1937 to August 1939. (USA 72) | IV | 360 |
| 1796-PS | Notes to the War Diary from March 1939 to January 1940. | IV | 370 |
| 1822-PS | Telegram from Minister of Foreign Affairs in Rome to Minister of Foreign Affairs in Berlin, 25 August 1939, concerning conference with Mussolini and Ciano. | IV | 459 |
| 1823-PS | Hitler reply to Mussolini, 27 August 1939, concerning attitude of Italy in conference of 25 August 1939. | IV | 462 |
| 1828-PS | Memorandum handed to German Foreign Office by Count Magistrate in Rome, 7 August 1939. | IV | 463 |
| *1831-PS | Correspondence between Hitler and Mussolini, September 1939. (GB 75) | IV | 463 |
| 1832-PS | Telephone report of Reich Minister for Foreign Affairs in Rome, 27 August 1939. | IV | 468 |
| 1889-PS | Account of conference of Fuehrer and Italian Ambassador Attolico, 31 August 1939. | IV | 528 |
| *2327-PS | Two top secret memoranda, 14 June 1939, concerning operation “Fall Weiss”. (USA 539) | IV | 1035 |
| *2357-PS | Speech by Hitler before Reichstag, 20 February 1938, published in Documents of German Politics, Part VI, 1, pp. 50-52. (GB 30) | IV | 1099 |
| *2368-PS | Hitler’s speech before Reichstag, 30 January 1937, published in Documents of German Politics, Part VI, 2, p. 42. (GB 26) | IV | 1102 |
| *2530-PS | Ribbentrop’s speech in Warsaw, 25 January 1939, published in Voelkischer Beobachter, 1 February 1939. (GB 36) | V | 267 |
| *2751-PS | Affidavit of Alfred Naujocks, 20 November 1945. (USA 482) | V | 390 |
| 2817-PS | Telegram from German Embassy, Rome, to Ribbentrop, concerning answer of Duce to Hitler’s second letter, 27 August 1939. | V | 452 |
| *2818-PS | Secret additional protocol to the Friendship and Alliance Pact between Germany and Italy. (GB 292) | V | 453 |
| 2834-PS | Letter from Mussolini to Fuehrer, 25 August 1939. | V | 502 |
| *2835-PS | German Foreign Office memorandum on conversation between Ribbentrop and the Duce, 10 March 1940. (GB 291) | V | 502 |
| *2846-PS | Affidavit of Edwin Lahousen, 13 November 1945. | V | 507 |
| *2897-PS | Telegram from German Ambassador in Tokyo, Ott, to Ribbentrop, 13 July 1941. (USA 156) | V | 566 |
| *3054-PS | “The Nazi Plan”, script of a motion picture composed of captured German film. (USA 167) | V | 801 |
| *C-23 | Unsigned documents found in official Navy files containing notes year by year from 1927 to 1940 on reconstruction of the German Navy, and dated 18 February 1938, 8 March 1938, September 1938. (USA 49) | VI | 827 |
| *C-30 | Air-Sea Forces Orders for Occupation Danzig, 27 July 1939. (GB 46) | VI | 831 |
| *C-120 | Directives for Armed Forces 1939-40 for “Fall Weiss”, operation against Poland. (GB 41) | VI | 916 |
| *C-126 | Preliminary Time Table for “Fall Weiss” and directions for secret mobilization. (GB 45) | VI | 932 |
| *C-137 | Keitel’s appendix of 24 November 1938 to Hitler Order of 21 October 1938. (GB 33) | VI | 949 |
| *C-142 | Intention of the Army High Command and Orders, signed by Brauchitsch. (USA 538) | VI | 956 |
| *C-172 | Order No. 1 for “Fall Weiss” signed by Doenitz. (GB 189) | VI | 1002 |
| *C-175 | OKW Directive for Unified Preparation for War 1937-1938, with covering letter from von Blomberg, 24 June 1937. (USA 69) | VI | 1006 |
| *D-738 | Memorandum on second conference between German Foreign Minister with Hungarian Prime and Foreign Minister on 1 May 1939. (GB 290) | VII | 193 |
| *L-43 | Air Force “Organizational Study 1950”, 2 May 1938. (GB 29) (See Chart No. 10.) | VII | 788 |
| *L-79 | Minutes of conference, 23 May 1939, “Indoctrination on the political situation and future aims”. (USA 27) | VII | 847 |
| *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) | VIII | 920 |
| *R-100 | Minutes of instructions given by Hitler to General von Brauchitsch on 25 March 1939. (USA 121) | VIII | 83 |
| *TC-2 | Hague Convention (1) for Pacific Settlement of International Disputes—1907. (GB 2) | VIII | 276 |
| *TC-3 | Hague Convention (3) Relative to opening of Hostilities. (GB 2) | VIII | 279 |
| *TC-9 | Versailles Treaty, Section XI, Article 100, Free City of Danzig. (GB 3) | VIII | 290 |
| *TC-15 | Arbitration Treaty between Germany and Poland at Locarno, 16 October 1925. (GB 16) | VIII | 331 |
| *TC-18 | Declaration concerning wars of aggression; resolution of 3rd Committee of League of Nations, 24 September 1927. (GB 17) | VIII | 357 |
| *TC-19 | Kellogg-Briand Pact at Paris. 1929 Reichsgesetzblatt, Part II, No. 9, pp. 97-101. (GB 18) | VIII | 359 |
| *TC-21 | German-Polish Declaration, 26 January 1934. (GB 24) | VIII | 368 |
| *TC-28 | German assurance to Czechoslovakia, 26 September 1938, from Documents of German Politics, Part VI, pp. 345-346. (GB 22) | VIII | 378 |
| *TC-29 | German assurances to Poland, 26 September 1938, from Documents of German Politics, Part VI, p. 336. (GB 32) | VIII | 378 |
| *TC-53-A | Marginal note to decree of final incorporation of Memel with German Reich, 23 March 1939, from Documents of German Politics, Part VII, p. 552. (GB 4) | VIII | 408 |
| *TC-54 | Proclamation of the Fuehrer to German Armed Forces, 1 September 1939. (GB 73) | VIII | 408 |
| *TC-70 | Hitler’s Reichstag speech concerning agreement with Poland, 30 January 1934, from Voelkischer Beobachter, 31 January 1934. (GB 25) | VIII | 433 |
| *TC-71 | Reports of British Consul in Danzig, July 1939. (GB 47) | VIII | 434 |
| *TC-72 No. 13 | British Blue Book. Hitler’s Reichstag speech, 28 April 1939. (GB 43) | VIII | 438 |
| *TC-72 No. 14 | British Blue Book. German memorandum renouncing 1934 agreement, 28 April 1939. (GB 42) | VIII | 441 |
| *TC-72 No. 16 | British Blue Book. Polish Government’s reply, 5 May 1939, to 28 April memo. (GB 44) | VIII | 445 |
| *TC-72 No. 17 | British Blue Book. British Prime Minister’s statement in House of Commons, 31 March 1939. (GB 39) | VIII | 450 |
| *TC-72 No. 18 | British Blue Book. Anglo-Polish communique issued 6 April 1939. (GB 40) | VIII | 450 |
| *TC-72 No. 53 | British Blue Book. Report of British Ambassador, Warsaw, 26 August 1939. (GB 51) | VIII | 451 |
| *TC-72 No. 54 | British Blue Book. Report of British Ambassador, Warsaw, 26 August 1939. (GB 52) | VIII | 452 |
| *TC-72 No. 55 | British Blue Book. Report of British Ambassador, Warsaw, 27 August 1939. (GB 53) | VIII | 452 |
| *TC-72 No. 56 | British Blue Book. British Prime Minister’s letter to Hitler, 22 August 1939. (GB 55) | VIII | 453 |
| *TC-72 No. 60 | British Blue Book. Hitler’s reply to British Prime Minister, 23 August 1939. (GB 56) | VIII | 455 |
| *TC-72 No. 62 | British Blue Book. Danzig Senate Decree appointing Forster Head of State, 23 August 1939. (GB 50) | VIII | 457 |
| *TC-72 No. 68 | British Blue Book. Hitler’s verbal communique to Sir Neville Henderson, 25 August 1939. (GB 65) | VIII | 458 |
| *TC-72 No. 74 | British Blue Book. British Government’s reply, 28 August 1939, to Hitler’s message of 25 August. (GB 66) | VIII | 460 |
| *TC-72 No. 75 | British Blue Book. Hitler and Sir N. Henderson conversation, 28 August 1939. (GB 67) | VIII | 463 |
| *TC-72 No. 78 | British Blue Book. Hitler’s reply to British Government, 29 August 1939. (GB 68) | VIII | 466 |
| *TC-72 No. 79 | British Blue Book. Hitler and Sir N. Henderson conversation, 29 August 1939. (GB 69) | VIII | 469 |
| *TC-72 No. 89 | British Blue Book. British Government’s reply, 30 August 1939, to German communication of 29 August. (GB 70) | VIII | 470 |
| *TC-72 No. 92 | British Blue Book. Ribbentrop and Sir N. Henderson conversation, midnight 30 August 1939. (GB 71) | VIII | 472 |
| *TC-72 No. 110 | British Blue Book. British Government’s ultimatum, 1 September 1939. (GB 74) | VIII | 473 |
| TC-72 No. 113 | British Blue Book. Copy German proposals handed to Sir N. Henderson 9:15 P.M., 31 August 1939. | VIII | 474 |
| TC-72 No. 118 | British Blue Book. British Government’s final ultimatum, 3 September 1939. | VIII | 474 |
| *TC-72 No. 124 | British Blue Book. President Roosevelt’s appeal to Hitler, 24 August 1939. (GB 59) | VIII | 475 |
| *TC-72 No. 126 | British Blue Book. President Moscicki’s | ||
| reply to President Roosevelt, | |||
| 25 August 1939. (GB 60) | VIII | 476 | |
| *TC-72 No. 127 | British Blue Book. President Roosevelt’s second appeal to Hitler, 25 August 1939. (GB 61) | VIII | 477 |
| *TC-72 No. 139 | British Blue Book. The Pope’s appeal, 24 August 1939. (GB 62) | VIII | 477 |
| *TC-72 No. 141 | British Blue Book. The Pope’s appeal, 31 August 1939. (GB 63) | VIII | 480 |
| *TC-73 No. 33 | Polish White Book. German-Polish communique, 5 November 1937. (GB 27) | VIII | 480 |
| *TC-73 No. 44 | Polish White Book. Lipski, Ribbentrop luncheon, conversation, 24 October 1938. (GB 27-A) | VIII | 483 |
| *TC-73 No. 45 | Polish White Book. Beck’s instructions to Lipski, 31 October 1938. (GB 27-B) | VIII | 484 |
| *TC-73 No. 48 | Polish White Book. Beck and Hitler conversation, 5 January 1939. (GB 34) | VIII | 486 |
| *TC-73 No. 49 | Polish White Book. Beck and Ribbentrop conversation, 6 January 1939. (GB 35) | VIII | 488 |
| *TC-73 No. 57 | Polish White Book. Hitler’s Reichstag speech, 30 January 1939. (GB 37) | VIII | 488 |
| *TC-73 No. 61 | Polish White Book. Ribbentrop and Lipski conversation, 21 March 1939. (GB 38) | VIII | 489 |
| *TC-73 No. 91 | Polish White Book. Anglo-Polish Agreement, 25 August 1939. (GB 57) | VIII | 492 |
| *TC-73 No. 112 | Polish White Book. Ribbentrop-Lipski conversation, 31 August 1939. (GB 72) | VIII | 494 |
| TC-73 No. 113 | Polish White Book. German broadcast 9 P.M. 31 August 1939. | VIII | 495 |
| *TC-75 | Memo for the Fuehrer, 2 January 1938, concerning Anglo-German relations. (GB 28) | VIII | 513 |
| *TC-76 | Note for Reichsminister, 26 August 1938. (GB 31) | VIII | 515 |
| *TC-77 | Memorandum of conversation between Hitler, Ribbentrop and Ciano, 12 August 1939. (GB 48) | VIII | 516 |
| *TC-78 | French Prime Minister’s letter to Hitler, 26 August 1939. (GB 58) | VIII | 529 |
| *TC-79 | Hitler’s reply to French Prime Minister, 27 August 1939. (GB 58) | VIII | 531 |
| *TC-90 | Goering’s interrogation, 29 August 1945. (GB 64) | VIII | 534 |
| *TC-91 | Ribbentrop’s interrogation, 29 August 1945. (GB 276) | VIII | 535 |
| Affidavit A | Affidavit of Erwin Lahousen, 21 January 1946, substantially the same as his testimony on direct examination before the International Military Tribunal at Nurnberg 30 November and 1 December 1945. | VIII | 587 |
| *Chart No. 10 | 1938 Proposals for Luftwaffe Expansion 1938-1950. (L-43; GB 29) | VIII | 779 |
| **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 |
9. AGGRESSION AGAINST NORWAY AND DENMARK
In the early hours of the morning of 9 April 1940 Nazi Germany invaded Norway and Denmark. Those invasions constituted wars of aggression, and also wars in violation of international treaties, agreements, and assurances.
A. Treaties and Assurances Violated.
The invasions constituted violations of the Hague Convention and of the Kellogg-Briand Pact. In addition there were specific agreements between Germany and Norway and Denmark. There was the Treaty of Arbitration and Conciliation between Germany and Denmark, which was signed at Berlin on 2 June, 1926 (TC-17). The first Article of that Treaty is in these terms:
“The Contracting Parties undertake to submit to the procedure of arbitration or conciliation, in conformity with the present Treaty, all disputes of any nature whatsoever which may arise between Germany and Denmark and which it has not been possible to settle within a reasonable period by diplomacy or to bring with the consent of both Parties before the Permanent Court of International Justice.
“Disputes for the solution of which a special procedure has been laid down in other Conventions in force between the Contracting Parties shall be settled in accordance with the provisions of such Conventions.” (TC-17)