DR. SEIDL: Gaus stated, under Paragraph 3 of his affidavit:
“The plane of the Reich Foreign Minister whom I had to accompany as legal adviser in the intended negotiations arrived in Moscow at noon on 23 August 1939. On the afternoon of the same day the first conversation between Herr Von Ribbentrop and Mr. Stalin took place at which, on the German side, besides the Reich Foreign Minister, only Embassy Counsellor Hilger, as interpreter, and perhaps also Ambassador Count Schulenburg, but not myself, were present.
“The Reich Foreign Minister returned very satisfied from this long conference and indicated that it was as good as certain that it would result in the conclusion of the agreements desired on the part of Germany. The continuation of the conference, at which the documents to be signed were to be discussed and completed, was scheduled for later in the evening. At this second conference I participated personally and so did Ambassador Count Schulenburg and Embassy Counsellor Hilger. On the Russian side the negotiations were conducted by Messrs. Stalin and Molotov, whose interpreter was Mr. Pavlov. An agreement on the text of the Soviet-German Non-aggression Pact was reached quickly and without difficulties.
“Herr Von Ribbentrop himself had inserted in the preamble to the agreement which I had drafted a rather far-reaching phrase concerning the formation of friendly German-Soviet relations to which Mr. Stalin objected with the remark that the Soviet Government could not suddenly present to the public German-Soviet assurances of friendship after they had been covered with pails of manure by the Nazi Government for 6 years. Thereupon this phrase in the preamble was deleted or rather changed.
“Besides the Non-aggression Pact there were negotiations for quite some time on a separate secret document, which according to my recollection was called a ‘secret agreement’ or ‘secret additional agreement’ and the terms of which were aimed at a demarcation of the mutual spheres of interest in the European territories situated between the two countries. Whether the expression ‘spheres of interest’ or other such expressions were used therein, I do not recall. In the document, Germany declared herself politically disinterested in Latvia, Estonia and Finland but considered Lithuania to be part of her sphere of influence.
“Regarding the political disinterest of Germany in the two Baltic countries mentioned, controversy arose when the Reich Foreign Minister, in accordance with his instructions, wanted to have a certain part of the Baltic territory exempted from this political disinterest; this, however, was rejected on the part of the Soviets, especially on account of the ice-free ports in this territory.
“Because of this point, which apparently had already been discussed in Ribbentrop’s first conversation, the Foreign Minister had put in a call to Hitler which came through only during the second discussion, and during which, in direct conversation with Hitler, he was authorized to accept the Soviet standpoint. A demarcation line was laid down for the Polish territory. I cannot remember whether it was drafted on a map which was to be attached to the document or only described in the document. Moreover, an agreement was reached in regard to Poland, stating approximately that the two powers would act in mutual agreement in the final settlement of questions concerning this country. It could, however, be possible that this last agreement regarding Poland was reached only when the change of the secret agreement mentioned later in Paragraph 5 was made.
“Regarding the Balkan States, it was confirmed that Germany had only economic interests there. The Non-aggression Pact and the secret agreement were signed rather late that same evening.”
Witness, in the affidavit of Gaus, a pact is mentioned whereby the two powers agree to act in mutual agreement with regard to the final settlement of the questions concerning Poland. Had such an agreement already been reached on 23 August 1939?
VON RIBBENTROP: Yes, that is true. At that time the serious German-Polish crisis was acute, and it goes without saying that this question was thoroughly discussed. I should like to emphasize that there was not the slightest doubt in either Stalin’s or Hitler’s mind that, if the negotiations with Poland came to naught, the territories that had been taken from the two great powers by force of arms could also be retaken by force of arms. In keeping with this understanding, the eastern territories were occupied by Soviet troops and the western territories by German troops after victory. There is no doubt that Stalin can never accuse Germany of an aggression or of an aggressive war for her action in Poland. If it is considered an aggression, then both sides are guilty of it.