dtufail/nuremberg-trials-corpus huggingface dataset:
Tribunal found, after a full medical examination of and report on the condition of this defendant, that he should be tried, without any postponement of his case. Since that time further motions have been made that he should again be examined. These the Tribunal denied, after having had a report from the prison psychologist.
That Hess acts in an abnormal manner, suffers from loss of memory, and has mentally deteriorated during this trial, may be true. But there is nothing to show that he does not realise the nature of the charges against him, or is incapable of defending himself. He was ably represented at the trial by counsel, appointed for that purpose by the Tribunal. There is no suggestion that Hess was not completely sane when the acts charged against him were committed.
Conclusion
The Tribunal finds the defendant Hess guilty on
Counts One
and
Two
; and not guilty on
Counts Three
and
Four
.
Judgement : Jodl
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M DE VABRES:
Jodl is indicted on all
four counts
. From 1935 to 1938 he was chief of the National Defence Section in the High Command. After a year in command of troops in August, 1939, he returned to become Chief of the Operations Staff of the High Command of the Armed Forces. Although his immediate superior was defendant Keitel, he reported directly to Hitler on operational matters. In the strict military sense, Jodl was the actual planner of the war and responsible in large measure for the strategy and conduct of operations.
Jodl defends himself on the ground he was a soldier sworn to obedience, and not a politician; and that his staff and planning work left him no time for other matters. He said that when he signed or initialled orders, memoranda and letters, he did so for Hitler and often in the absence of Keitel. Though he claims that as a soldier he had to obey Hitler, he says that he often tried to obstruct certain measures by delay, which occasionally proved successful as when he resisted Hitler's demand that a directive be issued to lynch allied " terror fliers."
Crimes against Peace
Entries in Jodl's diary of 13th and 14th February, 1938, show Hitler instructed both him and Keitel to keep up military pressure against Austria begun at the Schuschnigg conference by simulating military measures, and that these achieved their purpose. When Hitler decided " not to tolerate " Schuschnigg's plebiscite, Jodl brought to the conference the " old draft," the existing staff plan. His diary for 10th March shows Hitler then ordered the preparation of " Case Otto ", and the directive was initialled by Jodl. Jodl issued supplementary instructions on 11th March, and initialled Hitler's order for the invasion on the same date.
In planning the attack on Czechoslovakia, Jodl was very active according to the Schmundt Notes. He initialled items 14, 17, 24, 36 and 37 in the Notes. Jodl admits he agreed with OKH that the " incident" to provide German intervention must occur at the latest by 2 p.m. on X-1 Day, the day before the attack, and said it must occur at a fixed time in good flying weather. Jodl conferred with the propaganda experts on " imminent common tasks " such as German violations of international law, exploitation of them by the enemy and refutations by the Germans, which " task" Jodl considered " particularly important."
After Munich, Jodl wrote:
M DE VABRES:
a fixed time in good flying weather. Jodl conferred with the propaganda experts on " imminent common tasks " such as German violations of international law, exploitation of them by the enemy and refutations by the Germans, which " task" Jodl considered " particularly important." After Munich, Jodl wrote:
" Czechoslovakia as a power is out . . . The genius of the Fuehrer and his determination not to shun even a World War have again won the victory without the use of force. The hope remains that the incredulous, the weak and the doubtful people have been converted and will remain that way."
Shortly after the Sudeten occupation, Jodl went to a post command and did not become Chief of the Operations Staff in OKW until the end of August, 1939.
Jodl discussed the Norway invasion with Hitler, Keitel and Raeder on 12th December, 1939; his diary is replete with late entries on his activities in preparing this attack. Jodl explains his comment that Hitler was still looking for an "excuse " to move meant that he was waiting for reliable intelligence on the British plans, and defends the invasion as a necessary move to forestall them. His testimony shows that from October, 1939. Hitler planned to attack the West through Belgium, but was doubtful about invading Holland until the middle of November. On 8th February, 1940, Jodl, his Deputy Warlimont, and Jeschonnek, the air forces planner, discussed among themselves the " new idea " of attacking Norway, Denmark and Holland, but guaranteeing the neutrality of Belgium. Many of the 17 orders postponing the attack in the West for various reasons including weather conditions, until May, 1940, were signed by Jodl.
He was active in the planning against Greece and Yugoslavia. The Hitler order of 11th January, 1941, to intervene in Albania was initialled by Jodl. On 20th January, four months before the attack, Hitler told a conference of German and Italian generals in Jodl's presence that German troop concentrations in Roumania were to be used against Greece. Jodl was present on 18th March when Hitler told Raeder all Greece must be occupied before any settlement could be reached. On 27th March when Hitler told the German High Command that the destruction of Yugoslavia should be accomplished with " unmerciful harshness," and the decision was taken to bomb Belgrade without a declaration of war, Jodl was also there.
M DE VABRES:
told Raeder all Greece must be occupied before any settlement could be reached. On 27th March when Hitler told the German High Command that the destruction of Yugoslavia should be accomplished with " unmerciful harshness," and the decision was taken to bomb Belgrade without a declaration of war, Jodl was also there.
Jodl testified that Hitler feared an attack by Russia and so attacked first. This preparation began almost a year before the invasion. Jodl told Warlimont as early as 29th July, 1940, to prepare the plans since Hitler had decided to attack, and Hitler later told Warlimont he had planned to attack in August, 1940, but postponed it for military reasons. He initialled Hitler's directive of 12th November, 1940, according to which preparations verbally ordered should be continued and also initialled "Case Barbarossa" on 18th December. On 3rd February, 1941, Hitler Jodl and Keitel discussed the invasion, and he was present on 14th June when final reports on " Case Barbarossa " were made.
War Crimes and Crimes against Humanity
On 18th October, 1942, Hitler issued the Commando Order and a day later a supplementary explanation to commanding officers only. The covering memorandum was signed by Jodl. Early drafts of the order were made by Jodl's staff, with his knowledge. Jodl testified he was strongly opposed on moral and legal grounds, but could not refuse to pass it on. He insists he tried to mitigate its harshness in practice by not informing Hitler when it was not carried out. He initialled the OKW memorandum of 25th June, 1944, reaffirming the Order after the Normandy landings.
A plan to eliminate Soviet commissars was in the directive for " Case Barbarossa ". The decision whether they should be killed without trial
was to be made by an officer. A draft contains Jodl's handwriting suggesting this should be handled as retaliation, and he testified this was his attempt to get around it.
M DE VABRES:
to eliminate Soviet commissars was in the directive for " Case Barbarossa ". The decision whether they should be killed without trial was to be made by an officer. A draft contains Jodl's handwriting suggesting this should be handled as retaliation, and he testified this was his attempt to get around it.
When in 1945 Hitler considered denouncing the Geneva Convention, Jodl argued the disadvantages outweighed the advantages. On 21st February, he told Hitler adherence to the Convention would not interfere with the conduct of the war, giving as an example the sinking of a British hospital ship as a reprisal and calling it a mistake. He said he did so because it was the only attitude Hitler would consider, that moral or legal arguments had no effect and argues he thus prevented Hitler from denouncing the Convention.
There is little evidence that Jodl was actively connected with the slave labour programme, and he must have concentrated on his strategic planning function. But in his speech of 7th November, 1943, to the Gauleiters he said it was necessary to act " with remorseless vigour and resolution" in Denmark, France and the Low Countries to compel work on the Atlantic Wall.
By teletype of 28th October, 1944, Jodl ordered the evacuation of all persons in Northern Norway and the burning of their houses so they could not help the Russians. Jodl says he was against this, but Hitler ordered it and it was not fully carried out. A document of the Norwegian Government says such an evacuation did take place in Northern Norway and 30,000 houses were damaged. On 7th October, 1941, Jodl signed an order that Hitler would not accept an offer of surrender of Leningrad or Moscow, but on the contrary he insisted that they be completely destroyed. He says this was done because the Germans were afraid those cities would be mined by the Russians as was Kiev. No surrender was ever offered.
His defence, in brief, is the doctrine of " superior orders", prohibited by
Article 8 of the Charter
as a defence. There is nothing in mitigation. Participation in such crimes as these has never been required of any soldier and he cannot now shield himself behind a mythical requirement of soldierly obedience at all costs as his excuse for commission of these crimes.
Conclusion
The Tribunal finds that Jodl is guilty on all
four counts
.
Judgement : Kaltenbrunner
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THE PRESIDENT:
Kaltenbrunner is indicted under
Counts One
,
Three
and
Four
. He joined the Austrian Nazi Party and the SS in 1932. In 1935 he became leader of the SS in Austria. After the Anschluss he was appointed Austrian State Secretary for Security and when this position was abolished in 1941 he was made Higher SS and Police Leader. On 30th January, 1943, he was appointed Chief of the Security Police and SD and Head of the Reich Security Head Office (RSHA), a position which had been held by Heydrich -until his assassination in June. 1942. He held the rank of Obergruppenfuehrer in the SS.
Crimes against Peace
As leader of the SS in Austria Kaltenbrunner was active in the Nazi intrigue against the Schuschnigg Government. On the night of 11th March, 38, after Goering had ordered Austrian National Socialists to seize control of the Austrian Government, 500 Austrian SS men under Kaltenbrunner's command surrounded the Federal Chancellery and a special detachment under the command of his adjutant entered the Federal Chancellery while Seyss-Inquart was negotiating with President Miklas. But there is no evidence connecting Kaltenbrunner with plans to wage aggressive war on any other front. The Anschluss, although it was an aggressive act, is not charged as an aggressive war, and the evidence against Kaltenbrunner under Count One does not in the opinion of the Tribunal, show his direct participation in any plan to wage such a war.
War Crimes and Crimes against Humanity
THE PRESIDENT:
on any other front. The Anschluss, although it was an aggressive act, is not charged as an aggressive war, and the evidence against Kaltenbrunner under Count One does not in the opinion of the Tribunal, show his direct participation in any plan to wage such a war. War Crimes and Crimes against Humanity
When he became Chief of the Security Police and SD and Head of the RSHA on 30th January, 1943, Kaltenbrunner took charge of an organisation which included the main offices of the Gestapo, the SD and the Criminal Police. As Chief of the RSHA, Kaltenbrunner had authority to order protective custody to and release from concentration camps. Orders to this effect were normally sent over his signature. Kaltenbrunner was aware of conditions in concentration camps. He had undoubtedly visited Mauthausen and witnesses testified that he had seen prisoners killed by the various methods of execution, hanging, shooting in the back of the neck and gassing, as part of a demonstration. Kaltenbrunner himself ordered the execution of prisoners in those camps and his office was used to transmit to the camps execution orders which originated in Himmler's office. At the end of the war Kaltenbrunner participated in the arrangements for the evacuation of inmates of concentration camps, and the liquidation of many of them. to prevent them from being liberated by the Allied armies.
THE PRESIDENT:
used to transmit to the camps execution orders which originated in Himmler's office. At the end of the war Kaltenbrunner participated in the arrangements for the evacuation of inmates of concentration camps, and the liquidation of many of them. to prevent them from being liberated by the Allied armies.
During the period in which Kaltenbrunner was Head of the RSHA, it was engaged in a widespread programme of war crimes and crimes against humanity. These crimes included the mistreatment and murder of prisoners of war. Einsatz Kommandos operating under the control of the Gestapo were engaged in the screening of Soviet prisoners of war, Jews, commissars and others who were thought to be ideologically hostile to the Nazi system were reported to the RSHA, which had them transferred to a concentration camp and murdered. An RSHA order issued during Kaltenbrunner's regime established the "Bullet Decree," under which certain escaped prisoners of war who were recaptured were taken to Mauthausen and shot. The order for the execution of commando troops was extended by the Gestapo to include parachutists while Kaltenbrunner was Chief of the RSHA. An order signed by Kaltenbrunner instructed the Police not to interfere with attacks on bailed out Allied fliers. In December, 1944, Kaltenbrunner participated in the murder of one of the French Generals held as a prisoner of war.
During the period in which Kaltenbrunner was Head of the RHSA, the Gestapo and SD in occupied territories continued the murder and illtreatment of the population, using methods which included the torture and confinement in concentration camps. usually under orders to which Kaltenbrunner's name was signed.
The Gestapo was responsible for enforcing a rigid labour discipline on the slave labourers and Kaltenbrunner established a series of labour reformatory camps for this purpose. When the SS embarked on a slave labour programme of its own, the Gestapo was used to obtain the needed workers by sending labourers to concentration camps.
THE PRESIDENT:
responsible for enforcing a rigid labour discipline on the slave labourers and Kaltenbrunner established a series of labour reformatory camps for this purpose. When the SS embarked on a slave labour programme of its own, the Gestapo was used to obtain the needed workers by sending labourers to concentration camps.
The RSHA played a leading part in the " final solution " of the Jewish question by the extermination of the Jews. A special section under the Amt IV of the RSHA was established to supervise this programme. Under its direction approximately six million Jews were murdered. of which two million were killed by Einsatzgruppen and other units of the Security Police. Kaltenbrunner had been informed of the activities of these Einsatzgruppen when he was a Higher SS and Police Leader, and they continued to function after he had become Chief of the RSHA.
The murder of approximately four million Jews in concentration camps has heretofore been described. This part of the programme was also under the supervision of the RSHA when Kaltenbrunner was head of that organisation, and special missions of the RSHA scoured the occupied territories and the various Axis satellites arranging for the deportation of Jews to these extermination institutions. Kaltenbrunner was informed of these activities. A letter which he wrote on 30th June, 1944, described the shipment to Vienna of 12,000 Jews for that purpose, and directed that all who could not work would have to be kept in readiness for " special action," which meant murder. Kaltenbrunner denied his signature to this letter, as he did on a very large number of orders on which his name was stamped or typed, and, in a few instances, written. It is inconceivable that in matters of such importance his signature could have appeared so many times without his authority.
THE PRESIDENT:
meant murder. Kaltenbrunner denied his signature to this letter, as he did on a very large number of orders on which his name was stamped or typed, and, in a few instances, written. It is inconceivable that in matters of such importance his signature could have appeared so many times without his authority.
Kaltenbrunner has claimed that when he took office as Chief of the Security Police and SD and as Head of the RSHA he did so pursuant to an understanding with Himmler under which he was to confine his activities to matters involving foreign intelligence, and not to assume overall control over the activities of the RSHA. He claims that the criminal programme had been started before his assumption of office; that he seldom knew what was going on; and that when he was informed he did what he could to stop them. It is true that he showed a special interest in matters involving foreign intelligence. But he exercised control over the activities of the RSHA; was aware of the crimes it was committing, and was an active participant in many of them.
Conclusion
The Tribunal finds that Kaltenbrunner is not guilty on
Count One
. He is guilty under
Counts Three
and
Four
.
Judgement : Keitel
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M. DE VABRES:
Keitel is indicted on all
four counts
. He was Chief of Staff to the then Minister of War von Blomberg from 1935 to 4th February, 1938; on that day Hitler took command of the armed forces, making Keitel Chief of the High Command of the Armed Forces. Keitel did not have command authority over the three Wehrmacht branches which enjoyed direct access to the Supreme Commander. OKW was in effect Hitler's military staff.
Crimes against Peace
Keitel attended the Schuschnigg conference in February, 1938 with two other generals. Their presence, he admitted, was a " military demonstration," but since he had been appointed OKW Chief just one week before he had not known why he had been summoned. Hitler and Keitel then continued to put pressure on Austria with false rumours, broadcasts and troop manoueuvres. Keitel made the military and other arrangements and Jodl's diary noted " the effect is quick and strong." When Schuschnigg called his plebiscite, Keitel that night "briefed Hitler and his generals, and Hitler issued " Case Otto " which Keitel initialled.
On 21st April, 1938, Hitler and Keitel considered making use of a possible " incident," such as the assassination of the German Minister at Prague, to preface the attack on Czechoslovakia, Keitel signed many directives and memoranda on " Fall Gruen," including the directive of
30th May, containing Hitler's statement: "It is my unalterable decision to smash Czechoslovakia by military action in the near future." After Munich, Keitel initialled Hitler's directive for the attack on Czechoslovakia, and issued two supplements. The second supplement said the attack should appear to the outside world as " merely an act of pacification ,and not a warlike undertaking." The OKW Chief attended Hitler's negotiations with Hacha when the latter surrendered.
Keitel was present on 23rd May, 1939, when Hitler announced his decision " to attack Poland at the first suitable opportunity." Already he had signed the directive requiring the Wehrmacht to submit its " Fall Weiss " timetable to OKW by 1st May.
negotiations with Hacha when the latter surrendered. Keitel was present on 23rd May, 1939, when Hitler announced his decision " to attack Poland at the first suitable opportunity." Already he had signed the directive requiring the Wehrmacht to submit its " Fall Weiss " timetable to OKW by 1st May.
The invasion of Norway and Denmark he discussed on 12th December 1939, with Hitler, Jodl and Raeder. By directive of 27th January, 1940, the Norway plans were placed under Keitel's " direct and personal guidance." Hitler had said on 23rd May, 1939, he would ignore the neutrality of Belgium and the Netherlands, and Keitel signed orders for these attacks on 15th October, 20th November, and 28th November, 1939. Orders postponing this attack 17 times until Spring, 1940, all were signed by Keitel or Jodl.
Formal planning for attacking Greece and Yugoslavia had begun in November, 1940. On 18th March, 1941, Keitel heard Hitler tell Raeder complete occupation of Greece was a prerequisite to settlement, and also heard Hitler decree on 27th March that the destruction of Yugoslavia should take place with " unmerciful harshness."
Keitel testified that he opposed the invasion of the Soviet Union for military reasons, and also because it would constitute a violation of the
non-aggression Pact
. Nevertheless he initialled " Case Barbarossa," signed by Hitler on 18th December, 1940, and attended the OKW discussion with Hitler on 3rd February, 1941. Keitel's supplement of 13th March established the relationship between the military and political officers. He issued his timetable for the invasion on 6th June, 1941, and was present at the briefing of 14th June when the generals gave their final reports before attack. He appointed Jodl and Warlimont as OKW representatives to Rosenberg on matters concerning the Eastern Territories. On 16th June he directed all army units to carry out the economic directives issued by Goering in the so-called " Green Folder," for the exploitation of Russian territory, food and raw materials.
War Crimes and Crimes against Humanity
representatives to Rosenberg on matters concerning the Eastern Territories. On 16th June he directed all army units to carry out the economic directives issued by Goering in the so-called " Green Folder," for the exploitation of Russian territory, food and raw materials. War Crimes and Crimes against Humanity
On 4th August, 1942, Keitel issued a directive that paratroopers were to be turned over to the SD. On 18th October Hitler issued the Commando Order which was carried out in several instances. After the landing in Normandy, Keitel reaffirmed the order, and later extended it to Allied missions fighting with partisans. He admits he did not believe the order was legal but claims he could not stop Hitler from decreeing it.
When, on 8th September, 1941, OKW issued its ruthless regulations for the treatment of Soviet POW's, Canaris wrote to Keitel that under international law the SD should have nothing to do with this matter. On this memorandum in Keitel's handwriting, dated 23rd September and initialled by him, is the statement: " The objections arise from the military concept of chivalrous warfare. This is the destruction of an ideology. Therefore I approve and back the measures." Keitel testified that he really agreed with Canaris and argued with Hitler, but lost. The OKW Chief directed the military authorities to cooperate with the Einsatzstab Rosenberg in looting cultural property in occupied territories.
Lahousen testified that Keitel told him on 12th September, 1939, while aboard Hitler's headquarters train, that the Polish intelligentsia, nobility and Jews were to be liquidated. On 20th October, Hitler told Keitel the intelligentsia would be prevented from forming a ruling class, the standard of living would remain low, and Poland would be used only for labour forces. Keitel does not remember the Lahousen conversation, but admits there was such a policy and that he had protested without effect to Hitler about it.