I shall not be able to dispense with the files of the French General Staff either, for the reasons I have stated. It has been said that Documents 221 to 269 are irrelevant. They are not irrelevant, because we had neutrality pacts with those countries, and in the neutrality pacts it was agreed that Germany would respect their neutrality as long as the other side also respected it. As it would now be possible here to prove that the other side did not respect this neutrality, the proof of whether a war of aggression against these countries by Germany...
THE PRESIDENT: The point that M. Champetier de Ribes was making was that France was out of the war by 1940. Therefore documents which were drawn up by the French General Staff in 1940 had no relevance in 1941. Isn’t that so? That is the point that he was making.
DR. HORN: You mean the French Prosecutor?
THE PRESIDENT: Yes, the French Prosecutor.
DR. HORN: Yes. However, the fact that breaches of neutrality were committed by France and were known to the German Government at the time alters the legal situation completely. You cannot say that Germany waged an aggressive war against these countries when we knew through our intelligence service that our opponents intended to occupy these countries, and did in fact do so, by sending out General Staff officers. Thus it was the other side which was guilty of violation, and the files which have been found have only confirmed the intelligence reports submitted to us at the time; I say, at the time.
Therefore, you cannot accuse Germany of violating the neutrality pact in these cases. I would like to ask the Tribunal, therefore, to admit those files as relevant for the reasons stated. With reference to the other documents, I ask to be permitted to make my statement when I submit the documents to the Tribunal in the presentation of evidence.
THE PRESIDENT: You see, Dr. Horn, we want to rule upon it when we have heard your arguments; we do not want to have to rule again over every document. We want you to take them in groups, in the way the Prosecution has, so that we may make up our minds and rule.
DR. HORN: These are the main objections which I have to make to the arguments of the Prosecution. I ask the Tribunal once more to differentiate between considerations of principle raised by Dr. Dix, and between the factual considerations raised by myself with regard to the individual groups.
THE PRESIDENT: Very well, we will adjourn now.