What the Tribunal would like to know is whether a person who joins the conspiracy after it started would be responsible for acts committed by the conspirators before he joined.
SIR DAVID MAXWELL-FYFE: If I might deal with the questions in order, the position of the Prosecution on the question of time is as set out in Count One of the Indictment. The Prosecution say that the Nazi Party was the core of the conspiracy and that it was an essential part of the conspiracy that the Nazi Party should obtain political and economic control of Germany in order that they might carry out the aims set out in Articles 1 and 2 of the Nazi Party program. That part of the conspiracy started with the emergence of the Nazi Party as a force in German politics and was fully developed in January 1933. At that time it was the aim of the Nazi Party to secure the breaches of the Treaty of Versailles and the other matters set out in these articles, if necessary by force.
But, as is stated in the statement of offense under Count One of the Indictment, the conspiracy was not static; it was dynamic. And, in 1934, after Germany left the League of Nations and the Disarmament Conference, the aggressive war aspect of the conspiracy increased in momentum.
It is the case for the Prosecution that from 1935, when conscription was introduced and the Air Force came into being, through 1936 when the Rhineland was reoccupied, that the securing of Germany’s objectives—the objectives of the Nazi Party—if necessary by aggressive war, became a stronger, clearer, and more binding aim.
The position is crystallized by the meeting on the 5th of November 1937, when Hitler declared that Austria and Czechoslovakia would be conquered at the earliest opportunity. That was succeeded by the acquisition of Austria in March 1938, and the Fall Grün against Czechoslovakia, which originated in May 1938, to be carried out before October.
From that time the Prosecution say that the plan of aggressive war followed the well-known and clear technique of attacking one country or taking aggressive measures against one country, and giving assurances to the country that was next on the list to be attacked.
From that time the succession and procession of aggressive wars takes a clear course, which I have just mentioned in outlining the accusation of aggression against the Defendant Ribbentrop. I may summarize it by saying that the Prosecution submit that the Nazi Party was always engaged in this agreement and concerted action to get control of Germany and carry out its aims but that the aggression crystallized and became clear from 1934 and the beginning of 1935 onwards.
THE TRIBUNAL (Mr. Francis Biddle, Member for the United States): Sir David, I would like to ask you a few questions in connection with this.
First of all, you must know either the date when the conspiracy began, or you must not be able to give us the date. Now, is it the contention that the Prosecution don’t know when the conspiracy began? If you do know, would you tell us?
SIR DAVID MAXWELL-FYFE: The conspiracy began with the formation of the Nazi Party.