“. . . that the authority to which the German people have so often and so disastrously responded was not in reality the German Emperor of yesterday, or the Hitler of today, but the German General Staff. Whether their ostensible ruler is the Kaiser, or Hindenburg, or Adolf Hitler, the continuing loyalty of the bulk of the population is given to that military force controlled and guided by the German General Staff.”
I think that this emphasizes the historical importance of the decision which this Tribunal is called on to make. But we are not now indicting the German General Staff at the bar of history, but on specific charges of crimes against international law and the dictates of the conscience of mankind, as embodied in the Charter which governs this Court.
The picture we have seen is that of a group of men with great power for good or evil, who chose the latter, who deliberately set out to arm Germany to the point where the German will could be imposed on the rest of the world, and who gladly joined forces with the most evil forces at work in Germany. “Hitler produced the results which all of us warmly desired,” we are told by Blomberg and Blaskowitz, and that is obviously the truth. The converse is no less clear; the military leaders furnished Hitler with the means and the might which were necessary to his survival, to say nothing of the accomplishment of those purposes which seemed to us so ludicrously impossible in 1932 and so fearfully imminent in 1942.
I have said that the German militarists were inept as well as persistent. Helpless as Hitler would have been without them, he succeeded in mastering them. The generals and the Nazis were allies in 1933. But it was not enough that the generals should be his voluntary allies; Hitler wanted them permanently and completely under his control. Devoid of political skill and principle, the generals lacked the mentality or morality to resist. On the day of the death of President Hindenburg, in August 1934, the German officers swore a new oath. Their previous oath had been to the Fatherland; now it was to a man—Adolf Hitler. Later the Nazi emblem became part of their uniform, the Nazi flag their standard. By a clever process of infiltration into key positions, Hitler seized control of the entire military machine.
We will no doubt hear the generals ask what they could have done about it. We will hear that they were helpless, and that to protect their jobs and families and lives, they had to follow Hitler’s decisions. No doubt this became true, but the generals were a key factor in Hitler’s rise to complete power and a partner in his criminal aggressive designs. It is always difficult and dangerous to withdraw from a criminal conspiracy. Never has it been suggested that a conspirator may claim mercy on the ground that his fellow conspirators threatened him with harm, should he withdraw from the plot.
In many respects the spectacle which the German General Staff and High Command group presents today is the most degrading of all the groups and organizations before this Court. They are the bearers of a tradition not devoid of valor and honor; but they emerge from this war stained both by criminality and ineptitude. Attracted by the militaristic and aggressive Nazi policies, the German generals found themselves drawn into adventures of a scope they had not foreseen. From crimes in which almost all of them participated willingly and approvingly were born others in which they participated partly because they were too ineffective to alter the governing Nazi policies and partly because they had to continue collaboration to save their own skins.
Having joined the partnership, the General Staff and High Command group planned and carried through manifold acts of aggression which turned Europe into a charnel house and caused the Armed Forces to be used for foul practices, foully executed, of terror, pillage, and wholesale slaughter. Let no one be heard to say that the military uniform shall be a cloak, or that they may find sanctuary by pleading membership in the profession to which their actions were a disgrace.
COL. STOREY: If the Tribunal pleases, the next subject will be the presentation of supplemental evidence concerning the persecution of the churches as presented by Colonel Wheeler.
COLONEL LEONARD WHEELER, JR. (Assistant Trial Counsel for the United States): Your Honors, the material now to be submitted comprises, first, supplemental proof on the suppression of the churches within Germany: the Evangelical churches, the Catholic Church, and the Bibelforscher (or Bible students); and second, acts of suppression in the annexed and occupied territories, Austria, Czechoslovakia, and Poland. A large part of this proof will be from the official files of the Vatican.
I now submit to the Court United States Trial Brief H (supplemental), on “Suppression of the Christian Churches in Germany and in the Occupied Territories,” and Document Book H (supplemental), containing English translations of all the documents referred to in the supplemental brief, or to be referred to in my oral presentation. I shall take up first the supplemental proof on the suppression of the churches in Germany.