dtufail/nuremberg-trials-corpus huggingface dataset:
of a new Cabinet. It is untrue that the Reich used forceful pressure to bring about this development. Especially the assertion which was spread later by the former Chancellor, that the German Government had presented the Federal President with a conditional ultimatum, is a pure invention; according to the ultimatum he had to appoint a proposed candidate as Chancellor and to form a Cabinet conforming to the proposals of the German Government, otherwise the invasion of Austria by German troops was held in prospect. The truth of the matter is that the question of sending military or police forces from the Reich was only brought up when the newly formed Austrian Cabinet addressed a telegram, already published by the press, to the German Government, urgently asked for the dispatch of German troops as soon as possible in order to restore peace and in order to avoid bloodshed. Faced with the immediately threatening danger of a bloody civil war in Austria, the German Government then decided to comply with the appeal addressed to it. "This being the state of affairs, it is impossible that the attitude of the German Government, as asserted in your letter, could lead to some unforeseeable reactions. A complete picture of the political situation is given in the proclamation which, at noon today, the German Reich Chancellor has addressed to the German people. Dangerous reactions to this situation can take place only if eventually a third party should try to exercise its influence, contrary to the peaceful intentions and legitimate aims of the German Government on the shaping of events in Austria, which would be incompatible with the right of self-government of the German people." (3287-PS) In light of the documents already adverted to, this version of events given by von Neurath is palpably untrue. F. The Invasion and Absorption of Austria. (1) The Invasion and Immediate Events: Control of Austria in Fact. In accordance with the directive of March 11 (C-182), the German Army crossed the Austrian border at daybreak on 12 March 1938. Hitler issued a proclamation to the German people announcing and purporting to justify the invasion (TC-47). The British Government and the French Government filed protests. The German Government and the Austrian National
of March 11 (C-182), the German Army crossed the Austrian border at daybreak on 12 March 1938. Hitler issued a proclamation to the German people announcing and purporting to justify the invasion (TC-47). The British Government and the French Government filed protests. The German Government and the Austrian National Socialists swiftly secured their grip on Austria. Seyss-Inquart welcomed Hitler at Linz and they both expressed their joy over events of the day. Seyss-Inquart in his speech declared Article 88 of the Treaty of St. Germain inoperative. (2485-PS) A telegram from the American Legation in Vienna to the Secretary of State, on 12 March 1938, gave a picture of what was happening in Vienna: "Secretary of State, Washington. 70, March 12, noon. "Numerous German bombers flying over Vienna dropping leaflets 'National Socialist Germany greets its possession National Socialist Austria and its new government in true indivisible union'. "Continual rumors small German troop movements into Austria and impending arrival Austrian legion. "SS and SA in undisputed control in Vienna. "Police wear swastika arm bands. Schuschnigg and Schmidt rumored arrested. "Himmler and Hess here. WILEY" (L-292) (2) Statutes of Consolidation: Control of Austria in Law. The law-making machine was put to work on the task of consolidation. First, Miklas was caused to resign as President (2466-PS). Seyss-Inquart became both Chancellor and President. He then signed a Federal Constitutional Law of 13 March 1938, for the Reunion of Austria with the German Reich, which in turn was incorporated into the Reich Statute of Reunion passed the same day (2307-PS). This Federal Constitutional Law declared Austria to be a province of the German Reich. By annexing Austria into the German Reich, Germany violated Article 80 of the Treaty of Versailles, which provides: "Germany acknowledges and will respect the independence of Austria within the Frontier which may be fixed in a treaty between that State and the principle Allied and Associated Powers; she agrees that this independence shall be inalienable, * * *" Similarly, the Austrian invasion violated Article 88 of the Treaty of St. Germain, which provides: "The independence of Austria is inalienable otherwise than with the consent
treaty between that State and the principle Allied and Associated Powers; she agrees that this independence shall be inalienable, * * *" Similarly, the Austrian invasion violated Article 88 of the Treaty of St. Germain, which provides: "The independence of Austria is inalienable otherwise than with the consent of the Council of the League of Nations. Consequently Austria undertakes in the absence of the consent of the said Council to abstain from any act which might directly or indirectly or by any means whatever compromise her independence, particularly, and until her admission to membership of the League of Nations, by participation in the affairs of another Power." This basic constitutional law provided for a plebiscite to be held on 10 April 1938, concerning the question of reunion. But this was a mere formality. The plebiscite could only confirm the union. It could not undo Germany's union with and control over Austria. To illustrate the way in which legal consolidation was swiftly assured, with Austria occupied by troops, it is not necessary to do more than review some of the statutes passed within the month. Hitler placed the Austrian Federal Army under his command and required all members of the Army to take an oath of allegiance to Hitler as their Supreme Commander (2936-PS). Public officials of the Province of Austria were required to take an oath of office swearing obedience to Hitler, Fuehrer of the German Reich and People; Jewish officials, as defined, were not permitted to take the oath. (2311-PS) Hitler and Frick signed a decree applying to Austria various Reich laws, including the law of 1933 against formation of new parties and the 1933 law for the preservation of unity of party and state (2310-PS). Hitler, Frick, and Goering ordered that the Reich Minister of the Interior be the central authority for carrying out the reunion of Austria with the German Reich. (1060-PS) In connection with Germany's extensive propaganda campaign to ensure acceptability of the German regime, Goebbels established a Reich Propaganda Office in Vienna (2935-PS). The ballot, addressed to soldiers of the former Austrian Army as "German soldier", asked the voters whether they agreed with the "accomplishment" and "ratification" on March 13, 1938,
propaganda campaign to ensure acceptability of the German regime, Goebbels established a Reich Propaganda Office in Vienna (2935-PS). The ballot, addressed to soldiers of the former Austrian Army as "German soldier", asked the voters whether they agreed with the "accomplishment" and "ratification" on March 13, 1938, of the reuniting of Austria with Germany (1659-PS). The groundwork was fully laid before the holding of the plebiscite "for German men and women of Austria" promised in the basic law of March 13. (2307-PS) (3) The Importance of Austria in Further Aggressions. Germany's desire to consummate the Anschluss with Austria, and its determination to execute that aim in the way and at the time that it did (with threat of military force, quickly, and despite political risks), was due to the importance of Austria in its further plans of aggression. The conference of the conspirators held on November 5, 1937, which laid plans for aggressive war in Europe, outlined as objectives in Austria the conquest of food, through expulsion of a million people, and an increase in fighting strength in part through the improvement in frontier. (386-PS) Austria yielded material resources. Moreover she provided ready cash, taken from the Jews and from the Austrian Government. One of the first orders passed after the Anschluss was an order signed by Hitler, Frick, Schwerin von Krosigk, and Schacht, for the transfer to the Reich of the assets of the Austrian National Bank. (2313-PS) Austria yielded human resources. Three months after Anschluss, there was enacted a decree requiring 21-year-old men to report for active military service. (1660-PS) And the acquisition of Austria improved the military strategic position of the German Army. In a lecture delivered by General Jodl, Chief of the General Staff of the Armed Forces, on 7 November 1943, at Munich, to the Gauleiters, Jodl reviewed the situation in 1938: "The Austrian 'Anschluss' in its turn, brought with it not only the fulfillment of an old national aim but also had the effect both of reinforcing our fighting strength and of materially improving our strategic position. Whereas up till then the territory of Czechoslovakia had projected in a most menacing way
'Anschluss' in its turn, brought with it not only the fulfillment of an old national aim but also had the effect both of reinforcing our fighting strength and of materially improving our strategic position. Whereas up till then the territory of Czechoslovakia had projected in a most menacing way right into Germany (a wasp waist in the direction of France and an air base for the Allies, in particular Russia), Czechoslovakia herself was now enclosed by pincers. Its own strategic position had now become so unfavorable that she was bound to fall a victim to any attack pressed home with rigor before effective aid from the WEST could be expected to arrive." (L-172) The Nazi conspirators were now ready to carry out the second part of their second phase of their aggressions. Czechoslovakia was next. LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO AGGRESSION AGAINST AUSTRIA Document Description Vol. Page Charter of the International Military Tribunal, Article 6 (a)......................... I 5 International Military Tribunal, Indictment Number 1, Sections IV (F) 3 (a, b); V......................... I 23-24,29 Note: A single asterisk (*) before a document indicates that the document was received in evidence at the Nurnberg trial. A double asterisk (**) before a document number indicates that the document was referred to during the trial but was not formally received in evidence, for the reason given in parentheses following the description of the document. The USA series number, given in parentheses following the description of the document, is the official exhibit number assigned by the court. *386-PS Notes on a conference with Hitler in the Reich Chancellery, Berlin, 5 November 1937, signed by Hitler's adjutant, Hossbach, and dated 10 November 1937. (USA 25)......................... III 295 *812-PS Letter from Rainer to Seyss-Inquart, 22 August 1939 and report from Gauleiter Rainer to Reichskommissar Gauleiter Buerckel, 6 July 1939 on events in the NSDAP of Austria from 1933 to 11 March 1938. (USA 61)......................... III 586 **1060-PS Order pursuant to law concerning Reunion of Austria with German Reich, 16 March 1938. 1938 Reichsgesetzblatt, Part I, p. 249. (Referred to but not offered in
Gauleiter Buerckel, 6 July 1939 on events in the NSDAP of Austria from 1933 to 11 March 1938. (USA 61)......................... III 586 **1060-PS Order pursuant to law concerning Reunion of Austria with German Reich, 16 March 1938. 1938 Reichsgesetzblatt, Part I, p. 249. (Referred to but not offered in evidence.)..........................III 717 *1544-PS Von Papen's notes, 26 February 1938, on his parting visit with Chancellor Schuschnigg. (USA 71)......................... IV 103 **1659-PS Second Order concerning Plebiscite and Election for the Greater German Reichstag of 24 March 1938. 1938 Reichsgesetzblatt, Part I, p. 303. (Referred to but not offered in evidence.)......................... IV 170 1660-PS Decree for registration for active service in Austria in the year 1938 of 16 'June 1938. 1938 Reichsgesetzblatt, Part I, p. 631......................... IV 171 *1760-PS Affidavit of George S. Messersmith, 28 August 1945. (USA 57)......................... IV 305 *1775-PS Propositions to Hitler by OKW, 14 February 1938. (USA 73)......................... IV 357 *1780-PS Excerpts from diary kept by General Jodl, January 1937 to August 1939. (USA 72)......................... IV 360 *2219-PS Excerpt from letter from Seyss-Inquart to Goering, 14 July 1939. (USA 62)......................... IV 854 *2246-PS Report of von Papen to Hitler, 1 September 1936, concerning Danube situation. (USA 67)......................... IV 930 *2247-PS Letter from von Papen to Hitler, 17 may 1935, concerning intention of Austrian government to arm. (USA 64)......................... IV 930 *2248-PS Report of von Papen to Hitler, 27 July 1935, concerning National Socialism in Austria. (USA 63)......................... IV 932 *2307-PS Law concerning reunion of Austria with German Reich, 13 March 1938. 1938 Reichsgesetzblatt, Part I, p. 237. (GB 133)......................... IV 997 **2310-PS First Decree of Fuehrer and Reich Chancellor concerning Introduction of German Reich Law into Austria, 15 March 1938. 1938 Reichsgesetzblatt, Part I, p. 247. (Referred to but not offered in evidence.)......................... IV 1004 **2311-PS Decree of Fuehrer and Reich Chancellor concerning Administration of the Oath to Officials of Province of
Introduction of German Reich Law into Austria, 15 March 1938. 1938 Reichsgesetzblatt, Part I, p. 247. (Referred to but not offered in evidence.)......................... IV 1004 **2311-PS Decree of Fuehrer and Reich Chancellor concerning Administration of the Oath to Officials of Province of Austria, 15 March 1938. 1938 Reichsgesetzblatt, Part I, p. 245. (Referred to but not offered in evidence.)......................... IV 1005 **2313-PS Order for Transfer of Austrian National Bank to Reichsbank, 17 March 1938. 1938 Reichsgesetzblatt, Part I, p. 254. (Referred to but not offered in evidence.)......................... IV 1006 **2367-PS Hitler's speech of 1 May 1936, published in Voelkischer Beobachter, Southern German edition, 2-3 May 1936. (Referred to but not offered in evidence.)......................... IV 1101 *2385-PS Affidavit of George S. Messer-smith, 30 August 1945. (USA 68)......................... V 23 *2461-PS Official German communiqué of meeting of Hitler and Schuschnigg, 12 February 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (GB 132)......................... V 206 *2463-PS Telegram from Seyss-Inquart to Hitler, 11 March 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (USA 703)......................... V 207 **2464-PS Official Austrian communiqué of the reorganization of the Austrian Cabinet and general political amnesty, 16 February 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (Referred to but not offered in evidence.)......................... V 208 **2465-PS Announcement of appointment of Seyss-Inquart as Federal Chancellor, 11 March 1938, published in Documents of German Politics, 1938, Vol. VI, Part 1. (Referred to but not offered in evidence.)......................... V 209 **2466-PS Official communiqué of resignation of Austrian President Miklas, 13 March 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (Referred to but not offered in evidence.)......................... V 209 2467-PS Hitler's telegram to Mussolini from Linz, 13 March 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1......................... V 210 **2469-PS
Documents of German Politics, 1939, Vol. VI, Part 1. (Referred to but not offered in evidence.)......................... V 209 2467-PS Hitler's telegram to Mussolini from Linz, 13 March 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1......................... V 210 **2469-PS Official German and Austrian communiqué concerning equal rights of Austrian National Socialists in Austria, 18 February 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (Referred to but not offered in evidence.)......................... V 210 **2484-PS Official German communiqué of visit of Austrian Minister Seyss-Inquart to Hitler, Berlin, 17 February 1938, published in Documents of German Politics, 1939, Vol. VI, Part 1. (Referred to but not offered in evidence.)......................... V 234 **2485-PS Address by Federal Chancellor Seyss-Inquart from Balcony of City Hall at Linz, 12 March 1938, published in Documents of German Politics, Vol. VI, Part 1, p. 144-145. (Referred to but not introduced in evidence.)......................... V 234 2510-PS Hitler letter to Mussolini, 11 March 1938, published in Documents of German Politics, Vol. VI, Part 1, pp. 135-7, No. 24......................... V 244 **2799-PS Letter from Hitler to von Papen, 26 July 1934, published in Documents of German Politics, Vol. II, p. 83, No. 38. (Referred to but not offered in evidence.)......................... V 441 2831-PS Letter from Office of Extraordinary and Plenipotentiary Ambassador of German Government to Reich Chancellery, inclosing report on Political situation in Austria, 14 January 1937......................... V 498 *2832-PS Entry for July 26, 1934 from Ambassador Dodd's diary. (USA 58)......................... V 500 2909-PS Affidavit of August Eigruber, 9 November 1945......................... V 578 **2935-PS Order concerning establishment of Reich Propaganda Office in Vienna, 31 March 1938. 1938 Reichsgesetzblatt, Part I, p. 350. (Referred to but not offered in evidence.)......................... V 604 **2936-PS Instruction of the Fuehrer and Reich Chancellor, concerning the Austrian Federal Army, 13 March 1938, published in Documents of German Politics, 1938, Vol. VI, Part 1, p. 150. (Referred to but
Part I, p. 350. (Referred to but not offered in evidence.)......................... V 604 **2936-PS Instruction of the Fuehrer and Reich Chancellor, concerning the Austrian Federal Army, 13 March 1938, published in Documents of German Politics, 1938, Vol. VI, Part 1, p. 150. (Referred to but not offered in evidence.)......................... V 604 *2949-PS Transcripts of telephone calls from Air Ministry, 11-14 March 1938. (USA 76)......................... V 628 *2968-PS Memorandum from U. S. Army officer concerning plaque erected in Austrian Chancellery in memoriam to killers of Dollfuss. (USA 60)......................... V 677 2985-PS Telephone message of Mr. Hadow, British Legation, Vienna, to Sir John Simon, 26 July 1934......................... V 687 **2994-PS Affidavit of Kurt von Schuschnigg, former Chancellor of Austria, concerning Austrian-German Treaty of 11 July 1936. (USA 66) (Objection to admission in evidence upheld)......................... V 703 2995-PS Affidavit of Kurt von Schuschnigg, former Chancellor of Austria, concerning his visit to Berchtesgaden on 12 February 1938......................... V 709 2996-PS Affidavit of Kurt von Schuschnigg, former Chancellor of Austria, concerning events of 11 March 1938......................... V 713 *3045-PS Letter, 12 March 1938, to British Embassy enclosing letter from Henderson to Halifax, 11 March 1938. (USA 127).......................... V 765 *3054-PS "The Nazi Plan", script of a motion picture composed of captured German film. (USA 167)......................... V 801 3062-PS Memorandum found in Goering's office, 19 November 1936, concerning Guido Schmidt, Foreign Minister of Austria under Schuschnigg......................... V 868 *3254-PS The Austrian Question, 1934-1938, by Seyss-Inquart, 9 September 1945. (USA 704)......................... V 961 *3270-PS Goering's speech on 27 March in Vienna, published in Documents of German Politics, Vol. VI, Part 1, p. 183. (USA 703)......................... V 1047 *3271-PS Letter from Seyss-Inquart to Himmler, 19 August 1939. (USA 700)......................... V 1047 *3287-PS Letter from von Neurath to Henderson, 12 March 1938. (USA 128)......................... V 1090 *3308-PS Affidavit
VI, Part 1, p. 183. (USA 703)......................... V 1047 *3271-PS Letter from Seyss-Inquart to Himmler, 19 August 1939. (USA 700)......................... V 1047 *3287-PS Letter from von Neurath to Henderson, 12 March 1938. (USA 128)......................... V 1090 *3308-PS Affidavit by Paul Otto Gustav Schmidt, 28 November 1945. (GB 288)......................... V 1100 3390-PS Letter from Seyss-Inquart to Keppler, 25 October 1937......................... VI 105 3392-PS Letter from Seyss-Inquart to Keppler, 3 September 1937......................... VI 109 3395-PS Letter from Seyss-Inquart to Keppler, 3 September 1937......................... VI 113 *3396-PS Letter from Seyss-Inquart to Dr. Jury. (USA 889)......................... VI 114 *3397-PS Letter from Keppler to Seyss-Inquart, 8 January 1938. (USA 702)......................... VI 115 3400-PS Minutes of meeting of German Association, 28 December 1918, and Constitution and By-Laws thereof found in personal files of Seyss-Inquart for period of 1918 to 1943......................... VI 118 *3425-PS Voluntary statement made by Seyss-Inquart with advice of counsel, 10 December 1945. (USA 701)......................... VI 124 3467-PS Law on Limitation of travel to Republic Austria 29 May 1933. 1933 Reichsgesetzblatt, Part I, No. 57, p. 311......................... VI 169 *3471-PS Letter from Keppler to Bodenschatz, 21 February 1938, with enclosures noting activity of Leopold as leader of Austrian Nazis and possible appointment of Klausner as his successor. (USA 583)......................... VI 195 *3472-PS Letter from Keppler to Goering, 9 February 1938, requesting that Leopold be forbidden to negotiate with Schuschnigg except with approval of Reich authorities. (USA 582)......................... VI 196 *3473-PS Letter from Keppler to Goering, 6 January 1938, giving details of Nazi intrigue in Austria. (USA 581)......................... VI 197 3574-PS Filing notice regarding discussion between Chief of CI and Chief of Foreign CI on 31 January 1938, 2 February 1938, signed Canaris......................... VI 265 3576-PS Letter from Keppler to Goering, 19 February 1938, with enclosure reporting on situation in Austria as of