This problem cannot be solved without taking into consideration Germany’s military position. In judging the then Colonel Keitel another consideration enters the picture: how the special sphere to which he belonged was affected by this situation. Keitel considered the Treaty of Versailles, and especially the military clauses, as a humiliation for Germany. He considered it a duty toward his country to collaborate in putting an end to this situation. He was convinced that the Treaty of Versailles, because of its impossible military and territorial stipulations, would have to be revised some day. Such a revision appeared to him imperative, in the interest of justice as well as of reason, if a lasting world peace was to be preserved. On the basis of this conviction he believed that as a German and a soldier, he was entitled, in the official capacities in which he acted during this period, to interpret the military stipulations of the Versailles Treaty literally, even if this was in contradiction to the spirit of the stipulation. His justification for this was that the stipulations limited the possibilities of development in an unbearable manner, that is, in a manner altogether insufficient for an effective defense. Though he did not participate personally, he did not consider it wrong for Germany, under the given circumstances, to construct submarines in Finland, not for herself, but for the purpose of gathering experience and training specialists; or to maintain construction and designing offices in Amsterdam in order to observe the progress achieved in the field of aeronautics and to make use of it without actually building planes. Symptomatic of the way democratic Germany of that time thought—without consideration of position and party—was Dr. Brüning’s statement which on 15 February 1932 was broadcast over all U.S.A. radio stations on the occasion of the meeting of the disarmament conference. I am going to quote some passages from that speech:

“The inner-political fights in Germany are very bitter in their outward forms, to be sure; but this must not lead one to overlook the fact that despite many differences there exist indisputably many things in common also. On the two decisive foreign-political questions of today, the questions of disarmament and reparations, uniform opinions prevail among the German people. The demand for equal rights and equal security is shared by the entire German people. Every German Government will have to uphold these demands. That the fight of the parties as to the road which our politics must take is perhaps more bitter in Germany today than in some other countries, is a result of the deep misery which weighs heavily upon Germany and greatly burdens the people’s soul.”

In connection with this point I also refer to the testimony which the Codefendant Von Neurath gave on 22 June 1946. These words which Brüning spoke prove that there was a demand which was upheld by the entire people irrespective of the difference in parties: The demand for equal rights and equal security. The objection to that is: A demand, even if upheld by the entire people, does not in itself create the right to violate or circumvent established regulations. In principle, one can accept that. However, things were not as simple as that. I do not wish to harp upon a fundamental law applying to all countries and giving every nation the right to create for itself a certain state of defense. But even if one is not prepared to recognize such a fundamental law, one will still perhaps understand the state of emergency which actually exists when a country is so limited in its military potential that it is not only liable to military attack by any neighbor but also condemned to political impotency.

In the course of the hearing of evidence the Tribunal has had occasion to recognize that this was true with regard to the situation in which Germany found herself in the year 1933. I want to call your attention to the following passages of the Field Marshal’s report which was submitted to the Tribunal. The following passages, written by this outstanding soldier, summarize as follows the experience of a patriotic and military life as regards the point discussed here under the title “Rearmament”:

“Nature is inclined to pass over weak people. The law that only the strong survive is generally recognized...”

I quote further:

“The world does not take seriously the wishes of the weak. Weakness is too great a temptation for the strong.”

And finally I quote:

“Above all, it seems to me, we must correct the tragic misunderstanding that a policy directed at security is a war policy.”

The best witness with regard to this question, which is so important for the Defendant Keitel, is the book by a British Major General, A. C. Temperley, (Publishers Collins, 1938) The Whispering-Gallery of Europe, for which the British Foreign Secretary of the second World War, Mr. Anthony Eden, wrote a very friendly, concurring preface.