There is a substantial document book, Document Book Number 7, which is a joint document book dealing with both the defendants. Practically all the documents in that book have already been referred to. They nearly all, of course, have a German origin. I propose to read passages from only nine new documents and those nine documents, I think, are shown in Your Lordship’s bundle and in the bundles of your colleagues.
May I commence by referring, as shortly as may be, to the part of the Indictment which deals with the two defendants. That will be found on Page 33 (Volume I, Page 77) of the English translation. It begins with “Keitel” in the middle of the page, and it says, “The Defendant Keitel between 1938 and 1945” was the holder of various offices. I only want to point out there that although the commencing date is 1938 the Prosecution rely on certain activities of the Defendant Keitel before 1938, and we submit that we are entitled so to do because of the general words appearing on Page 28 of the Indictment (Volume I, Page 68) at the head of the appendix:
“The statements hereinafter set forth following the name of each individual defendant constitute matters upon which the Prosecution will rely inter alia as establishing the individual responsibility. . . .”
And then the Tribunal will see:
“. . . Keitel used the foregoing positions, his personal influence, and his intimate connection with the Führer in such a manner that: He promoted the military preparations for war set forth in Count One. . . .”
If I may read it shortly—he participated in the planning and preparation for wars of aggression and in violation of treaties, he executed the plans for wars of aggression and wars in violation of treaties, and he authorized and participated in War Crimes and Crimes against Humanity.
Then, “The Defendant Jodl between 1932 and 1945 was” the holder of various positions. He “used the foregoing positions, his personal influence, and his close connection with the Führer in such a manner”—and this is not to be found in the text relating to Keitel—“that: He promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany. . . .”
May I say, My Lords, here, that I know of no evidence at the moment to support that allegation that he promoted the Nazi rise to power before 1933. There is plenty of evidence that he was a devoted, almost a fanatical admirer of the Führer, but that, I apprehend, would not be enough.
And then it is alleged against Jodl that he promoted the preparations for war, that he participated in the planning and preparation of the war, and that he authorized and participated in War Crimes and Crimes against Humanity.
My Lords, with regard to the position of the Defendant Keitel, it is well-known that in February of 1938 he became Chief of the OKW, Supreme Commander of all the Armed Forces, and that Jodl became Chief of the Operations Staff; and that is copiously proved in the shorthand notes and in the documents. Perhaps I ought to refer to his position in 1935, at the time when the reoccupation of the Rhineland was first envisaged. Keitel was head of the Wehrmachtsamt in the Reich War Ministry, and that is proved by a Document 3019-PS, which is to be found in Das Archiv; and I ask the Court to take judicial notice of that. It is not in the bundle.