DR. KAUFFMANN: Is it correct that in the absolute leadership state which existed in Germany any opposition by a human being to a superior order was impossible?
KESSELRING: In that form I would not deny that. One could certainly represent one’s own views against another view. But if one’s own views were rendered invalid by a decision, absolute obedience became necessary, and its execution was demanded and ensured under certain circumstances by the application of penal law. Resistance to that order, or an order, was, according to our knowledge of the personality and attitude of Adolf Hitler, out of the question and would have achieved nothing.
DR. KAUFFMANN: Would not a person attempting to resist a finally issued order have to consider whether he might not be risking his life?
KESSELRING: During the later years that was an absolute certainty.
DR. KAUFFMANN: Did you at any time think the war could not be won, and if so, when?
KESSELRING: In 1943, the possibility had to be considered that a victorious peace might not be achieved. I emphasize expressly that one had to consider that possibility, for by observing certain organizational or operational measures, the situation might still have been reversed.
DR. KAUFFMANN: Did you ever discuss this question with someone of importance—the misgivings which you may have had about the continuance of the war?
KESSELRING: At various times when I discussed my own military sector, I referred to certain difficulties which might influence the outcome of the war in general; however, as representative of one military sector, I considered myself in no way entitled to judge the entire military situation, since I could not, from my limited viewpoint, judge the situation regarding production and the organization of manpower reserves. And as I said before, I refused, as an amateur, to make any statement about a situation, which under certain circumstances might have been regarded as official as it would have had the signature of Field Marshal Kesselring.
THE PRESIDENT: Will you kindly explain to the Tribunal what relevancy the last two or three questions have to the case of Kaltenbrunner?
DR. KAUFFMANN: The same applies to Kaltenbrunner, that he could not, as he says, resist an order. It would have meant the loss of his life.