These documents emphatically show and with unmistakable clarity, that the German Nazis did present an ultimatum to the Austrian Government that they would send troops across the border if Schuschnigg did not resign and if Defendant Seyss-Inquart were not appointed Chancellor.
These documents also show that the impetus of the famous telegram came from Berlin and not from Vienna, that Göring composed the telegram and Seyss-Inquart did not even have to send it, but merely said “agreed.”
The transcript of Göring’s telephone call to Ribbentrop is indicated as Part W of that document. In it the formula was developed and recited for English consumption that there had been no ultimatum and that the German troops crossed the border in response only to the telegram.
And now in this document from which I have just read we find the same bogus formula coming from the pen of the Defendant Von Neurath. He was at the meeting of November 5, 1937, of which we have the Hossbach minutes, Exhibit USA-25. And so he knew very well the firmly held Nazi ideas with respect to Austria and Czechoslovakia. And yet in the period after March 10, 1938 when he was handling the foreign affairs for this conspiracy and particularly after the invasion of Austria, he played out his part in making false representations. He gave an assurance to Mr. Mastny regarding the continued independence of Austria. I refer to the document introduced by Sir David Maxwell-Fyfe, Document TC-27, Exhibit GB-21.
And we see him here still handling foreign affairs, although using the letterhead of the Secret Cabinet Council as the exhibit shows, reciting this diplomatic fable with respect to the Austrian situation, a story also encountered by us in the transcript of the Göring-Ribbentrop telephone call, all in furtherance of the aims of what we call the conspiracy.
Now, if the Tribunal please, it might have been fitting and appropriate for me to present the case on collaboration with Japan and the attack on the United States on this December 7, 1945, the fourth anniversary of the attack on Pearl Harbor. However, our plan was to proceed chronologically so that part of the case must wait its turn for the presentation next week.
We now come to the climax of this amazing story of wars of aggression, perhaps one of the most colossal mis-estimates in history, when Hitler’s intuition led him and his associates to launch an aggressive war against the Union of Soviet Socialist Republics.
In my last appearance before the Tribunal I presented an account of the aggression against Czechoslovakia. In the meantime our British colleagues have given you the evidence covering the formulation of the plan to attack Poland and the preparations and initiation of actual aggressive war. In addition they have laid before the Tribunal the story of the expansion of the war into a general war of aggression involving the planning and execution of attacks on Denmark, Norway, Belgium and the Netherlands, Luxembourg, Yugoslavia, Greece; and in doing so the British Prosecution has marshalled and presented to the Court various international treaties, agreements, and assurances, and the evidence establishing the breaching of those treaties and assurances.
I should like to present to the Tribunal now the account of the last but one of the defendants’ acts of aggression, the invasion of the U.S.S.R. The section of the Indictment in which this crime is charged is Count One, Section IV (F), Paragraph 6, German invasion on 22 June 1941 of the U.S.S.R. territory in violation of the Non-Aggression Pact of 23 August 1939. The first sentence of this paragraph is the one with which we shall be concerned today. It reads:
“On 22 June 1941 the Nazi conspirators deceitfully denounced the Non-Aggression Pact between Germany and the U.S.S.R. and without any declaration of war invaded Soviet territory thereby beginning a war of aggression against the U.S.S.R.”