DR. SIEMERS: Now I shall deal with the groupings designated by Sir David.
Sir David made certain fundamental statements. Regarding Document Numbers Raeder-28 and 29, he pointed out specifically that in one case they were the thoughts of General Gamelin and in the other case those of General Weygand, and that these ideas were not known to the Germans at that time since these documents were not yet in our hands. The latter point is correct. The concept and the plan of occupying Greece, of destroying Romanian oil wells, those thoughts were known to the Germans—namely, through their intelligence service. The Prosecution did not present the data of the German High Command which show these reports. Since I do not have these documents, I believe it would be just if I am given the possibility of presenting the actual facts which were known to Germany and in this way prove them. I have no other proofs. That it is agreeable to the Prosecution to deprive me of the documents which I need for the defense, I can understand; but the Prosecution must also understand the fact that I consider it important that those documents which are definite proof of certain plans remain at my disposal.
The charge has been made against Admiral Raeder that it was an aggressive war—a criminal war of aggression—to formulate plans for the occupation of Greece. Document Raeder-29 shows that General Weygand and General Gamelin on 9 September 1939 concern themselves with planning the occupation of neutral Salonika. So if this is the case, I cannot understand how one can point an accusing finger at Admiral Raeder, on the German side, for having concerned himself with such plans a year and half later. I believe, therefore, that these and similar documents must be granted me, for only from them can the military planning and the value of the military planning, or the objectionable side—that is the criminal side of the planning, be understood. The strategic thinking of the defendant can be understood only if one knows approximately what strategic thinking prevailed at the same time with the enemy. The strategic reasoning of Admiral Raeder was shut up in an airtight compartment but depended on the reports received about the strategic planning of the opposition. It is a reciprocal activity. This reciprocal activity is necessary for an understanding. Therefore, in view of this very essential point, I ask to be granted this kind of document since, as I have recently stated, I do not know how I can carry on my defense at all in the face of these grave accusations regarding Greece and Norway if all of my documents are stricken. I believe that I am understood correctly when I do not assert that we were cognizant of these documents. But Germany knew the contents of these documents, and I believe that is sufficient.
May it please the Tribunal, we are once again at Document Raeder-66 in Group A. This Document Raeder-66 is the opinion of Dr. Mosler, an expert in international law, about the Norwegian operation as judged from the standpoint of international law.
Since we are always talking about saving time in this courtroom, I would have my doubts about rejecting this article, for a refusal would force me to set forth the trend of thought point by point in detail, and I believe that it is much easier for the Tribunal, for the Prosecution and for me, if I submit general legal arguments in this connection.
SIR DAVID MAXWELL-FYFE: My Lord, this is a document which is a matter of legal argument. If the Tribunal thinks it would be of any assistance to have the argument in documentary form, I willingly withdraw my objection to that. That is on quite a different project than the other one, and I want to help in any way I can.
While I am before the microphone: I did mention that there were two other documents that fall into the same group. Document Raeder-34 falls into Group B, and Document Raeder-48 into the Group E.
My Lord, I did mention 28 when I was addressing the Tribunal.
DR. SIEMERS: May it please the Tribunal, I do not wish to dispute Document Raeder-66, I have really done this just to ease the situation for everyone. The additional documents in this group are Raeder-101 to 107. I cannot say that this is a homogeneous group. One document deals with Norway, another deals with Belgium, a third deals with the Danube. The unity of this group escapes me. Basically these documents have this point in common: that, as I have already stated, a plan existed in the Allied General Staff, as well as in the German, and all were based on the tenet of international law regarding the right of self-preservation and vital interests.
In order to be brief at this point I should like to refer to Document Raeder-66 particularly, and to save time I ask that the quotations from this document be considered the basis for my remarks today on the right of self-preservation. I am referring to the quotations on Page 3 and Page 4 of this expert opinion. The legal situation is made very clear therein, and it is set forth very clearly in this expert opinion that, with regard to the question of the occupation of Norway, we are not concerned with whether the Allies had actually landed in Norway but only whether such a plan existed, that we are not concerned with the fact whether Norway agreed or did not agree. The danger of a change of neutrality according to international law gives one the right to use some compensating measure or to attack on one’s own accord; and this basic tenet has been maintained in the entire literature which is quoted in this document, and to which I shall refer later in my defense speech.