SIR DAVID MAXWELL-FYFE: Thank you.
MR. THOMAS J. DODD (Executive Trial Counsel for the United States): If Your Honors please, I have just one question.
[Turning to the defendant.] A few days ago, on the morning of the 3rd of April, when you were on direct examination, we understood you to say that you had the feeling that you must accept responsibility for orders issued in your name, orders which you passed on, which were issued by Hitler; and on Friday afternoon, when Sir David was examining you, we understood you to say that as an old professional soldier you, of course, understood the traditions and indeed the principles of that profession that oblige a soldier not to carry out any order which he recognizes to be criminal in character. Is that understanding on our part correct?
KEITEL: Yes, I understood that.
MR. DODD: So that it is fair to say to you that under the obligations of your oath as a professional soldier, you did acknowledge carrying out criminal orders?
KEITEL: One can hardly put it that way. What should be said is that the type of government we had at the time and the authority of the head of state permitted such legislative power that the executive organs were not conscious of carrying out illegal orders. Of course, I was also aware of the fact that deeds were committed which were incompatible with right and justice.
MR. DODD: I understand you to say you did, with knowledge, carry out and pass on criminal or illegal orders. Is that a fair statement?
KEITEL: I did not have any inner conviction of becoming criminal in doing so, since after all it was the head of the state who, as far as we were concerned, held all the legislative power. Consequently I did not consider that I was acting criminally.
MR. DODD: Well, I do not want to devote any more time to you except to say this, to suggest to you that I think your answer is not responsive.
You told us that some of these orders were violations of the existing international law. An order issued in that form and on that basis is a criminal order, is an illegal order, is it not?