dtufail/nuremberg-trials-corpus huggingface dataset:
MR. ROBERTS: But the hollow falsity of that and the preceding guarantee is shown by the next document. May I put this document, TC-42 (a) in as Exhibit GB-101. The next document (L-79) which is Hitler's conference of the 23rd of May has been referred to many times and is Exhibit USA-27. Therefore I need only very shortly remind the Tribunal of two passages. First of all, on the first page it is interesting to see who was present: The Fuehrer, Goering, Admiral Raeder, Brauchitsch, Colonel General Keitel, and various others who are not accused. Colonel Warlimont was there. He, I understand, was Jodl's deputy. Wed now, the purpose of the conference was an analysis of the situation. Then may I refer to the third page down at the bottom. The stencil number is 819: "What will this struggle be like?" And then these words: "The Dutch and Belgian air bases must be occupied by armed force. Declarations of neutrality must be ignored." Then, at the bottom: "Therefore, if England intends to intervene in the Polish war, we must occupy Holland with lightning speed. We must aim at securing a new defense line on Dutch soil up to the Zuyder Zee." There is that decision made, "Declarations of neutrality must be ignored," and there is the Grand Admiral present, and there is the Air Minister and Chief of the German Air Force, and there is General Keitel present. They all appear, and all their subsequent actions show that they acquiesced in that: Give your word and then break it. That is their code of honor. And you will see that at the end of the meeting, the very last page-the stencil number is 823-Field Marshal Goering asked one or two questions. There was the decision of the 23rd of May. Is it overstating the matter to submit that any syllable of guarantee, any assurance given after that is just purely hypocrisy, is just the action-apart from the multiplicity of the crimes here-of the common criminal?
THE PRESIDENT: Mr. Roberts, I think we would like you so far as possible to confine yourself to the document.
MR. ROBERTS: Yes, My Lord, then we go to the 22d of August, 798-PS. That has already been put in and is Exhibit USA-29. My Lord, that was Hitler's speech of the 22d of August. It has been read and re-read. I, My Lord, refer only to one passage, and that is at the bottom of the second page: "Attack from the west from the Maginot Line: I consider this impossible. "Another possibility is the violation of Dutch, Belgian, and Swiss neutrality. I have no doubts that all these states as well as Scandinavia will defend their neutrality by all available means." My Lord, I desire to emphasize the next sentence: "England and France will not violate the neutrality of these countries." Then I desire to comment: I ask Your Lordship to bear that sentence in mind, that correct prophecy, when remembering the excuses given for the subsequent invasion of Belgium and the Netherlands. My Lord, the next documents are TC-36, 40, and 42. Those are three assurances. Number 36 is by the Ambassador of Germany to the Belgian Government: "In view of the gravity of the international situation, I am expressly instructed by the head of the German Reich to transmit to Your Majesty the following communication: "Though the German Government are at present doing everything in their power to arrive at a peaceful solution of the questions at issue between the Reich and Poland, they nevertheless desire to define clearly here and now the attitude which they propose to adopt towards Belgium should a conflict in Europe become inevitable. "The German Government are firmly determined to abide by the terms of the declaration contained in the German note of October 13, 1937. This provides in effect that Germany will in no circumstances impair the inviolability and integrity of Belgium and will at all times respect Belgian territory.
MR. ROBERTS: The German Government renew this undertaking, however, in the expectation that the Belgian Government for their part will observe an attitude of strict neutrality and that Belgium will tolerate no violations on the part of a third power, but that on the contrary, she will oppose it with all the forces at her disposal. It goes without saying that if the Belgian Government were to adopt a different attitude the German Government would naturally be compelled to defend their interests in conformity with the new situation thus created." My Lord, may I make one short comment on the last part of that document? I submit it is clear that the decision having been made to violate the neutrality, as we know, those last words were put in to afford some excuse in the future. That document will be Exhibit GB-102. My Lord, TC-40, the next document, is a similar document communicated to Her Majesty the Queen of the Netherlands on the same day, the 26th of August 1939. Subject to the Tribunal's direction, I don't think I need read it. It is a public document in the German document book, and it has exactly the same features. That will be Exhibit GB-103. Then My Lords, TC-42, the next document (Exhibit GB-104) is a similar document relating to Luxembourg. That is dated the 26th of August, the same day. I am not certain; it has two dates. I think it is the 26th of August. My Lords, that is in the same terms a complete guarantee with the sting in the tail as in the other two documents. Perhaps I need not read it. My Lords, as the Tribunal knows, Poland was occupied by means of the lightning victory; and in October German Armed Forces were free for other tasks. The first step that was taken so far as the Netherlands and Belgium are concerned is shown by the next document, which is, I think, in as GB-80; but the two central portions refer to Belgium and the Netherlands. It is the next document in Your Lordships' bundle: Number 4.
THE PRESIDENT: TC-32?
MR. ROBERTS: Yes. It begins with TC-32, and then if you go to the next one, My Lords will see TC-37 on the same page-and then TC-41; both 37 and 41 refer to this matter. Now, this is a German assurance on the 6th of October 1939: "Belgium. "Immediately after I had taken over the affairs of the state I tried to create friendly relations with Belgium. I renounced any revision or any desire for revision. The Reich has not made Any demands which would in any way be likely to be considered in Belgium as a threat." My Lord, there is a similar assurance to the Netherlands-the next part of the document: "The new Reich has endeavored to continue the traditional friendship with the Netherlands. It has not taken over any existing differences between the two countries and has not created any new ones." I submit it is impossible to overemphasize the importance of those assurances of Germany's good faith. My Lord, the value of that good faith is shown by the next document which is of the very next day, the 7th of October. Those two guarantees were the 6th of October. Now we come to Document 2329-PS dated the 7th of October. It is from the Commander-in-Chief of the Army, Van Brauchitsch, and it is addressed to his Army groups. He said, third paragraph: "The Dutch border between Ems and Rhine is to be observed orally. "At the same time Army Group B has to make all preparations according to special orders for immediate invasion of Dutch and Belgian territory if the political situation so demands." "If the political situation so demands"-the day after the guarantee! It is quite clear from the next document. I put in the last document; that bears an original typewritten signature of Von Brauchitsch, and it will be Exhibit GB-105. My Lord, the next document is in two parts. Both are numbered C-62. The first part is dated the 9th of October 1939, 2 days after the document I have read. My Lord, that was all read by the Attorney General in opening down to the bottom of Paragraph (b). Therefore, I won't read it again. May I remind the Tribunal just of one sentence.
MR. ROBERTS: "Preparations should be made for offensive action on the northern flank of the Western Front crossing the area of Luxembourg, Belgium, and the Netherlands. This attack must be carried out as soon and as forcefully possible." In the next paragraph, may I just read six words: "The object of this attack is . . . to acquire as great an area of Holland, Belgium, and northern France as possible." That document is signed by Hitler himself. It is addressed to the three accused: The Supreme Commander of the Army, Keitel; Navy, Raeder; and Air Minister, Commander-in-Chief of the Air Force, Goering. That appears from the distribution. I will hold that document over and will put that other one in with it. My Lord, the next document is the 15th of October 1939. It is from the Supreme Command of the Armed Forces. It is signed by Keitel in what is to some of us his familiar red pencil signature, and it is again addressed to Raeder and Goering and to the General Staff of the Army. Now that also has been read by the Attorney General; may I just remind the Tribunal that at the bottom of the page: "It must be the object of the Army's preparations to occupy - on receipt of a special order - the territory of Holland in the first instance as far as the Grebbe-Maes"-or Meuse- "line". The second paragraph deals with taking possession of the West Frisian Islands. It is clear, in my submission, beyond discussion that from that moment the decision to violate the neutrality of these three countries had been made. All that remained was to work out the details, to wait until the weather became favorable, and in the meantime, to give no hint that Germany's word was about to be broken again. Otherwise these small countries might have had some chance of combining among themselves and with their neighbors. It will be Exhibit GB-106. Well, the next document is a Keitel directive. It is Document 440-PS (Exhibit GB-107). It, again, is sent to the Supreme Command of the Army, the Navy, and the Air Force; and it gives details of how the attack is to be carried out.
MR. ROBERTS: I want to read only a very few selected passages. Paragraph 2) on the first page: "Contrary to previously issued instructions, all action intended against Holland may be carried out without a special order when the general attack will start. "The attitude of the Dutch Armed Forces cannot be anticipated ahead of time." And then may I comment here: Would Your Lordship note this as a German concession? "Wherever there is no resistance the entry should carry the character of a peaceful occupation." Then Paragraph (b) of the next paragraph: "At first the Dutch area including the West Frisian Islands . . .is to be occupied up to the Grebbe-Maas line." The next two paragraphs, I need not read them, deal with action against the Belgian harbor; and in Paragraph 5): "The 7th Airborne :Division"-they were parachutists-"will be committed for the airborne operation after the possession of bridges across the Albert Canal"-which is in Belgium as the Court knows-"is assured." And then in Paragraph 6) (b) Luxembourg is mentioned. It is mentioned in Paragraph 5) as well. The signature is "Keitel," but that is typed. It is authenticated by a staff officer.
THE PRESIDENT: Is that document in?
MR. ROBERTS: GB-107, My Lord. Then the next document is C-10 (Exhibit GB-108) and it is dated the 28th of November 1939. That is a signature of Keitel in his red pencil and it is addressed to the Army, Navy, and Air Force. It deals with the fact that if a quick break-through should fail north of Liege-I think, My Lord, only machinery for carrying out the attack. Paragraph 2} shows clearly that the Netherlands is to be violated. It speaks of "the occupation of Walcheren Island and thereby Flushing," and the "taking of one or more- of the Meuse crossings between Namur and Dinant." That will be 108. My Lord, the documents show that from November until March of 1940 the High Command and the Fuehrer were waiting for favorable weather before A-Day, as they called it. That was the attack on Luxembourg, Belgium, and the Netherlands. My Lord, the next document, C-72, consists of 18 documents which range in date from the 7th of November until the 9th of May 1940. They are certified photostats I put in and they are all signed either by Keitel personally or by Jodl personally, and I don't think it is necessary for me to read them. The Defense, I think, have all had copies of them, but they show that successively A-Day is being postponed for about a week, having regard to the weather reports. That will be Exhibit GB-109. My Lord, on the 10th of January 1940, as the Attorney General informed the Tribunal, a German airplane made a forced landing in Belgium. The occupants endeavored to burn the orders of which they were in possession, but they were only partially successful And the next document I offer is Document TC-58 (a); it will be Exhibit GB-110. The original is a photostat certified by the Belgian Government which, of course, came into possession of the original. My Lord, I can summarize it. They are orders to the Commander of the 2d Air Force Fleet (Luftflotte) clearly for offensive action against France, Holland, and Belgium. One looks at the bottom of the first page. It deals with the disposition of the Belgian Army.
MR. ROBERTS: The Belgian Army covers the Liege-Antwerp Line with its main force, its lighter forces in front of the Meuse-Schelde Canal. Then it deals with the disposition of the Dutch Army; and then if you turn over the page Number 3, you see that the German western army directs its attack between the North Sea and the Moselle with the strongest possible airforce support through the Belgian-Luxembourg region. My Lord, I think I need read no more. The rest are operational details as to the bombing of the various targets in Belgium and in Holland. My Lord, the next document I think is rather out of place for my purpose. My learned friend, Major Elwyn Jones, put in Jodl's diary, which is GB-88, and I desire to refer very, very briefly to some extracts which are printed first in bundle Number 4. If one looks at the entry for the 1st of February 1940 and then some lines down...
THE PRESIDENT: 1809-PS?
MR. ROBERTS: Yes, that's right, My Lord, and GB-88.
THE PRESIDENT: We haven't got the GB numbers on the documents.
MR. ROBERTS: I am sorry, My Lord, it's my mistake. If Your Lordship will look about eight lines down it says, "1700 hours General Jeschonnek"-and then: "1) Behavior of parachute units. In front of The Hague they have to be strong enough to break in if necessary by sheer brute force. The 7th Division intends to drop units near the town. "2) Political mission contrasts to some extent with violent action against the Dutch Air Force." My Lord, I think the rest I need not read; it is operational detail. "2d February" - I refer again to Jodl's entry under "a" as to "landings can be made in the center of The Hague." If Your Lordship will turn over the page - I omit February the 5th-you come to 26th February: "Fuehrer raises the question whether it is better to undertake the Weser Exercise before or after Case Yellow." And then on the 3rd of March, the last sentence: "Fuehrer decides to carry out Weser Exercise before Case Yellow with a few days' interval." And then My Lord, there is an entry to which I desire to all Your Lordship's attention, on May the 8th, that is, 2 days before the invasion-the top of the page: "Alarming news from Holland, cancelling of furloughs, evacuations, road-blocks, other mobilization measures. According to reports of the intelligence service the British have asked for permission to march in, but the Dutch have refused." My Lord, may I make two short comments on that? The first is that the Germans are rather objecting because the Dutch are actually making some preparations to resist their invasion: "Alarming news" as they wrote. The second point is that Jodl is there recording that the Dutch according to their intelligence reports are still adhering properly to their neutrality. But I need not read any more of the diary extracts. My Lord, that is the story except for the documents which were presented to Holland and to Belgium and to Luxembourg after the invasion was a fait accompli, because as history now knows at 4:30 a.m. on the 10th of May these three small countries were violently invaded with all the fury of modern warfare.
MR. ROBERTS: No warning was given to them by Germany and no complaint was made by Germany of any breaches of any neutrality before this action was taken.
THE PRESIDENT: Perhaps this will be a convenient place to break off until 2 o'clock.
MR. ROBERTS: If Your Lordship pleases. [A recess was taken until 1400 hours.] Afternoon Session
MR. ROBERTS: May it please the Tribunal, when the Court adjourned I had just come to the point at 4:30 a.m. on the 10th of May 1940 when the Germans invaded these three small countries without any warning - a violation which, the Prosecution submits, it is clear from the documents had been planned and decided upon months before. My Lord, before I close this part of the case, may I refer to three documents in conclusion. My Lord, the invasion having taken place at 4:30 in the morning in each of the three countries, the German Ambassadors called upon representatives of the three governments some hours later and handed in a document which was similar in each case and which is described as a memorandum or an ultimatum. My Lord, an account of what happened in Belgium is set out in our Document TC-58, which is about five documents from the end of the bundle. It as headed, "Extract from Belgium-The Official Account of What Happened 1939-1940," and I hand in an original copy, certified by the Belgian Government, which is Exhibit GB-111. My Lord, might I read short extracts? I read the third paragraph: "From 4:30 a.m. information was received which left no shadow of doubt: the hour had struck. Aircraft were first reported in the east. At 5 o'clock came news of the bombing of two Netherlands' airdromes, the violation of the Belgian frontier, the landing of German soldiers at the Eben-Emael Fort, the bombing of the Jemelle station." My Lord, then I think I can go to two paragraphs lower down: "At 8:30 a.m. the German Ambassador came to the Ministry of Foreign Affairs. When he entered the Minister's room, he began to take a paper from his pocket. M. Spaak"-that is the Belgian Minister-"stopped him: I beg your pardon, Mr. Ambassador. I will speak first.' And in an indignant voice, he read the Belgian Government's protest: Fir. Ambassador, the German Army has just attacked our country. This is the second time in 25 years that Germany has committed a criminal aggression against a neutral and loyal Belgium. What has just happened is perhaps even more odious than the aggression of 1914.
MR. ROBERTS: No ultimatum, no note, no protest of any kind has ever been placed before the Belgian Government. It is through the attack itself that Belgium has learned that Germany has violated the undertakings given by her on October 13th 1937 and renewed spontaneously at the beginning of the war. The act of aggression committed by Germany for which there is no justification whatever will deeply shock the conscience of the world. The German Reich will be held responsible by history. Belgium is resolved to defend herself. Her cause, which is the cause of Right, cannot be vanquished."' Then I think I shall omit the next paragraph: "The Ambassador read the note...." And in the last paragraph: In the middle of this communication M. Spaak, who had by his side the Secretary-General, interrupted the Ambassador: 'Hand me the document,' he said. I should like to spare you so painful a task.' After studying the note, M. Spaak confined himself to pointing out that he had already replied by the protest he had just made."
THE PRESIDENT: The Tribunal word like you to read what the Ambassador read.
MR. ROBERTS: I am sorry. I was thinking of the next document I was going to read. I read the last paragraph on the first page: "The Ambassador was then able to read the note he had brought: " 'I am instructed by the Government of the Reich,' he said, 'to make the following declaration: " 'In order to forestall the invasion of Belgium, Holland, and Luxembourg, for which Great Britain and France have been making preparations clearly aimed at Germany, the Government of the Retch are competed to ensure the neutrality of the three countries mentioned by means of arms. For this purpose the Government of the Reich will bring up an armed force of the greatest size so that resistance of any kind will be useless. The Government of the Reich guarantee Belgium's European and colonial territory as well as her dynasty on condition that no resistance is offered. Should there be any resistance, Belgium will risk the destruction of her country and the loss of her independence. It is, therefore, in the interests of Belgium that the population be called upon to cease all resistance and that the authorities be given the necessary instructions to make contact with the German Military Command.' " My Lord, the so-called ultimatum handed in some hours after the invasion had started is Document TC-57, which is the last document but three in the bundle. It is the document I handed in and it becomes Exhibit GB-112. My Lord, it is a long document and I will read to the Tribunal such parts as the Tribunal thinks advisable: "The Reich Government"-it begins-"have for a long time had no doubts as to what was the chief aim of British and French war policy. It consists of the spreading of the war to other countries and of the misuse of their peoples as auxiliary and mercenary troops for England and France. "The last attempt of this sort was the plan to occupy Scandinavia with the help of Norway, in order to set up a new front against Germany in this region. It was only Germany's last minute action which upset this project.
MR. ROBERTS: Germany has furnished documentary evidence of this before the eyes of the world. "Immediately after the British-French action in Scandinavia miscarried, England and France took up their policy of war expansion in another direction. In this respect, while the retreat . . . from Norway was still going on, the English Prime Minister announced that, as a result of the altered situation in Scandinavia, England was once more in a position to go ahead with the transfer of the full weight of her Navy to the Mediterranean, and that English and French units were already on the way to Alexandria. The Mediterranean now became the center of English-French war propaganda. This was partly to gloss over the Scandinavian defeat and the big loss of prestige before their own people and before the world, and partly to make it appear that the Balkans had been chosen for the next theater of war against Germany. "In reality, however, this apparent shifting to the Mediterranean of English-French war policy had guise another purpose. It was nothing but a diversion maneuver in grand style to deceive Germany as to the direction of the next English-French attack. For, as the Reich Government have long been aware, the true aim of England and France is the carefully prepared and now immediately imminent attack on Germany in the West, so as to advance through Belgium and Holland to the region of the Ruhr. "Germany has recognized and respected the inviolability of Belgium and Holland, it being, of course, understood that these two countries in the event of a war of Germany against England and France would maintain the strictest neutrality. "Belgium and the Netherlands have not fulfilled this condition."
THE PRESIDENT: Mr. Roberts, do you think it is necessary to read this in full?