You have before you to try the leaders of the German Government and the leaders of the German Armed Forces. One doesn’t have to prove, does one, that every one of those accused must have known perfectly well of that solemn undertaking given by his government? Every one of these accused in their various spheres of activity—some more actively than the others—were party to the shameless breaking of that treaty two and a half years afterwards, and I submit that on the ordinary laws of inference and justice all those men must be fixed as active participators in that disgraceful breach of faith which brought misery and death to so many millions.
Presumably it will be contended on the part, for instance, of Keitel and Jodl that they were merely honorable soldiers carrying out their duty. This Tribunal, no doubt, will inquire what code of honor they observe which permits them to violate the pledged word of their country.
That this declaration of October 1937 meant very little to the leaders and to the High Command of Germany can be seen by the next document, which is Document PS-375 in the bundle. It is already an exhibit, USA-84, and has been referred to many times already. May I just refer—or remind the Tribunal—to one sentence or two. The document comes into existence on the 25th of August 1938 at the time when the Czechoslovakian drama was unfolding, and it was uncertain at that time whether there would be war with the Western Powers. It is top secret, prepared by the 5th section of the General Staff of the German Air Force. The subject: “Extended Case Green—Estimate of the Situation.” Probably the more correct words would be: “Appreciation of the Situation with Special Consideration of the Enemy.” Apparently some staff officer had been asked to prepare this appreciation. In view of the fact that it has been read before, I think I need only read the last paragraph which is Paragraph H and it comes at the bottom of Page 6, the last page but one of the document. Now H, “Requests to Armed Forces Supreme Command, Army and Navy”. This, you see, was an appreciation addressed by an Air Force staff officer. So these are requests to the Army and Navy. And then if one turns over the page, Number 4:
“Belgium and the Netherlands would, in German hands, represent an extraordinary advantage in the prosecution of the air war against Great Britain as well as against France. Therefore it is held to be essential to obtain the opinion of the Army as to the conditions under which an occupation of this area could be carried out and how long it would take. And in this case it would be necessary to reassess the commitment against Great Britain.”
The point that the Prosecution desires to make on that document is that it is apparently assumed by the staff officer who prepared this, and assumed quite rightly, that the leaders of the German nation and the High Command would not pay the smallest attention to the fact that Germany had given her word not to invade Holland or Belgium. They are recommending it as a militarily advantageous thing to do, strong in the knowledge that if the commanders and the Führer agree with that view treaties are to be completely ignored. Such, I repeat, was the honor of the German Government and of their leaders.
Now in March of 1939 as has been proved, the remainder of Czechoslovakia was peacefully annexed; and then came the time for further guarantees in the next document, the assurances—TC-35 and 39—which were given to Belgium and the Netherlands on the 28th of April 1939.
Those have been read by my learned friend, Major Elwyn Jones. They bear the number GB-78. I need not read them again.
There is also a guarantee to Luxembourg, which is on the next page, TC-42 (a). That was given in the same speech by Hitler in the Reichstag where Hitler was dealing with a communication from Mr. Roosevelt who was feeling a little uneasy on the other side of the Atlantic as to Hitler’s intentions. May I, before I read this document, say that I believe the Tribunal will be seeing a film of the delivery by Hitler of this part of this speech; and you will have the privilege of seeing Hitler in one of his jocular moods, because this was greeted and was delivered in a jocular vein. And you will see in the film that the Defendant Göring who sits above Hitler in the Reichstag appreciates very much the joke, the joke being this: That it is an absurd suggestion to make that Germany could possibly go to war with any of its neighbors—and that was the point of the joke that everybody appears to have appreciated very much.
Now, if I may read this document:
“Finally Mr. Roosevelt demands the readiness to give him an assurance that the German fighting forces will not attack the territory or possessions of the following independent nations and above all that they will not march into them. And he goes on to name the following as the countries in question: