dtufail/nuremberg-trials-corpus huggingface dataset:
DR. LATERNSER: Field Marshal, I believe you misunderstood me. I asked you whether, at the time you made these affidavits, you were under arrest?
VON BRAUCHITSCH: Since 19 October of last year I have been a witness in custody in the prison here at Nuremberg.
DR. LATERNSER: And about these affidavits, who set down these statements?
VON BRAUCHITSCH: They were drafted by two American officers.
DR. IATERNSER: And who demanded these statements?
VON BRAUCHITSCH: That I do not know; no names were mentioned.
DR. LATERNSER: Were you told for what purpose these statements were to be used?
VON BRAUCHITSCH: No. From the preceding conferences, I assumed that the statements were to serve the purpose of informing the experts about the organizations.
DR. LATERNSER: Did you make any alterations?
VON BRAUCHITSCH: I made a series of alterations but I cannot tell you how many.
DR. LATERNSER: These statements-in your own opinion, of course-could they be misunderstood?
VON BRAUCHITSCH: Even after I had made the changes I was of the opinion that they were clear only in conjunction with the conversations that had taken place previously. They were a series of conversations which I was told were not made under oath, a matter which, of course, was of no consequence to me anyway; they were for the purpose of gathering information about the organization. All the problems were often discussed and looked at from different angles.
DR. IATERNSER: In signing Affidavit Number 2, which contains the sketch, did you point out that this sketch was not correct or might be misunderstood?
VON BRAUCHITSCH: I pointed to the fact that this sketch might be misunderstood and I received the answer that matters were entirely cleared up and that the sketch was not very important in any case.
DR. TIATERNSER: Affidavit Number 1, Exhibit Number USA-531, which General Halder signed on the same day, agrees literally with your Affidavit Number 2 with the exception of the last paragraph; were you interrogated together with General Halder?
VON BRAUCHITSCH: No.
DR. LATERNSER: As you just mentioned a moment ago, when signing the Affidavit Number 2 you pointed to the fact that the sketch was incorrect. Now, I shall have this sketch presented to you and I should like to ask you just what is wrong in it.
VON BRAUCHITSCH: This chart causes misunderstandings ...
THE PRESIDENT: Hadn't you better ask the witness-if he is your witness-whether there is anything wrong about the affidavits?
DR. IATERNSER: Mr. President, I beg your pardon, I did not understand you-I was listening on the wrong channel.
THE PRESIDENT: Hadn't you better ask him whether there is anything wrong in his affidavit? He hadn't yet said there was anything wrong about that.
DR. LATERNSER: Mr. President, I shall ask questions about that presently. First of all, I want to ask the witness about this sketch and the further questions, of course, will follow.
VON BRAUCHITSCH: This sketch may be misinterpreted, especially insofar as the lines are concerned, and if you wish to show the hierarchy by means of this sketch, then, in my opinion, not all the staff of the High Command of the Armed Forces and the various branches of the Armed Forces should be shown in this sketch.
THE- PRESIDENT: Now, the Tribunal would like to know whether this witness is saying that there is anything wrong 'With this affidavit; whether it is not true.
DR. 1ATERNSER: Yes, Mr. President. Field Marshal, in Affidavit Number 2, you used the word "Gruppe" four times. Is this expression ...
THE PRESIDENT: I said the Tribunal would like to know now whether this witness says there is anything untrue in his affidavits, and we want to know it now. Do you understand the meaning of the word "now"?
DR. LATERNSER: Yes.
THE PRESIDENT: Well, I will ask the witness myself. [Turning to the witness.] Field Marshal Von Brauchitsch, are you saying that there is anything wrong in your affidavits, your two affidavits, which is inaccurate or untrue?
VON BRAUCHITSCH: No, nothing which is untrue, but something which can be misunderstood...
THE PRESIDENT: Something which you mean might be misleading?
VON BRAUCI-1ITSCH: Various questions which might lead, to misunderstandings. One thing is the sketch, and the second thing which might lead to error is the expression "Gruppe" (group). This I understand to mean a "figure" or "number," but not comprising a certain number-a certain series of offices in organizational or technical respects. For no connection whatsoever existed between the various branches of the Armed Forces. There was a connection at the top, the Supreme Commander of the Armed Forces, Adolf Hitler, and Hitler personally always played off one branch of the Armed Forces against another. He repeatedly talked to me about the Navy and the Luftwaffe and their commanders-in-chief in this way, and I know that he did the same thing about the Army and myself. The expression "Gruppe" therefore can be misunderstood and is misleading in its context here. It was understandable only in conjunction with the conversations that we had before.
DR. LATERNSER: Field Marshal, this expression "Gruppe"-did you use this expression yourself when you talked with the Prosecution?
VON BRAUCHITSCH: Well, I really cannot say that exactly. It is quite possible, for by the word "Gruppe" I do not understand anything other than a number of people, or a series, but not anything organizational or anything closely bound together.
DR. LATERNSER: And this is the meaning which you said just now you wanted the term "Gruppe" to imply when you signed the statement?
VON BRAUCHITSCH: Yes.
DR. LATERNSER: Before then, that is, before this interrogation by the Prosecution dealing with this point, had you used the word '_'Gruppe" in connection with the highest military leadership?
VON BRAUCHITSCH: No, for such a group did not exist, neither in organizational nor in technical respects. In the German Army we know only the gradation according to the war organization (Kriegsgliederung), that is, division, corps, army, or whatever the case might be.
DR. LATERNSER: Now I shall turn to my last questions, Field Marshal. At the end of the year 1941 you resigned. What were the reasons for your resignation? -
VON BRAUCHITSCH: In the summer of 1941, Hitler's strongly growing influence on all Army questions and the impotence on the part of the High Command of the Army in all spheres of political and economic administration of the occupied countries, and their inner opposition to the policy followed by Hitler, was becoming stronger and sharper. In the autumn of 1941, this tension increased still more. Parallel with that, there were the constant battles with the leadership of the Party, which wanted to increase its influence on the Army more and more. I saw there was no longer any possibility of bringing about a change in any way. Hard as it was for me to take the decision to leave the Army at a time when millions had lost their lives and to separate myself from it, I nevertheless decided to take the decisive step. On 7 December 1941, 1 asked Hitler, when I was alone with him, to relieve me of my office. He answered that he would have to think it over and that he did not want to speak about this matter at present. On 17 December, when we were again alone together, he told me that he had decided to take over the command of the Army himself and the reason he gave for doing this was that in view of the seriousness of the winter offensive he would have to put in the scales all the confidence which he enjoyed in the Army. On 19 December-he again told me not to say anything-on 19 December I received the order. On 20 December in the evening I traveled home, and I did not see Hitler again after that. Hitler was the fate of Germany and this fate could not be stayed.
DR.LATERNSER: I have no further questions to put to this witness.
THE PRESIDENT: The Tribunal will adjourn. [A recess was taken.]
TBE PRESIDENT: Does the Prosecution wish-to cross-examine? COL.TAYLOR: Witness Brauchitsch, counsel for the General Staff has made reference to two affidavits. Can you hear me? Can the witness hear me?
VON BRAUCHITSCH: Yes.
COL. TAYLOR: Counsel for the General Staff has made reference to two affidavits which you signed. Did you have full opportunity to make changes in those affidavits before you signed them?
VON BRAUCHITSCH: Yes, I have had that.
COL. TAYLOR: I will ask that a copy of the original of Affidavit Number 2 be shown to you. Did, you, in fact, make changes in the affidavits before you signed them?
VON BRAUCHITSCH: I did not understand your question.
COL. TAYLOR: Did you make changes in the affidavits before you signed them?
VON BRAUCHITSCH: I made a few changes.
COL. TAYLOR: Will you please look at the last sentence in the affidavit that I have just handed you? Is that sentence ...
VON BRAUCHITSCH: Which part do you mean?
COL. TAYLOR: The very last sentence, Page 2. Is that last sentence entirely in your own handwriting?
VON BRAUCHITSCH: Yes.
COL. TAYLOR: And that last sentence, would you read it please? Would you please read the last sentence in your own handwriting?
VON BRAUCHITSCH: "In the hands of the departments shown in the sketch was, in fact, the direction of the Armed Forces."
COL. TAYLOR: Is that sentence, as you wrote it, correct?
VON BRAUCHITSCH: Supplementary to what I said before, I had pointed out that the sketch might lead to misunderstanding, whereupon I was told that that was already known. For that reason I connected the sketch with the departments of the hierarchy.
COL. TAYLOR: The sketch is attached to the affidavit which you signed, and the last sentence, as you have read it, says that, "In the hands of the departments shown in the sketch was, in fact, the direction of the Armed Forces." There is no misunderstanding or qualification about that sentence, is there?
VON BRAUCHITSCH: Only as far as I have pointed out that the individual sections of the staffs did not fit in as shown in the sketch, but were included independently, and that in reality all the other sections of the working staffs were included too.
COL. TAYLOR: Your Honor, with respect to the question concerning the Eastern Front, I'm bearing in mind that the witness Von Manstein, who is next to be called, was on the Eastern Front and remained ~here until 1944, while the witness Von Brauchitsch retired in 1941. The Prosecution prefers to reserve this question on those matters for the witness Von Manstein. With respect to the questions on aggressive warfare, those relate almost entirely to documents which have been before the Tribunal for a long time. The American Prosecution sees nothing to be gained by putting those documents to this witness. It is entirely a matter of argument which will be made at a proper time. Accordingly, the American Prosecution has no further questions to the witness.
THE PRESIDENT: Do the chief prosecutors wish to ask any questions?
MAJOR GENERAL G. A. ALEXANDROV (Assistant Prosecutor for the U.S.S.R.): Witness, you stated here today that a plan for an attack on Czechoslovakia did not exist, and that in any case you were not informed about it. Did I understand you correctly?
VON BRAUCHITSCH: Yes.
GENERAL ALEXANDROV: And you were not aware of "Case Green"?
VON BRAUCHITSCH: "Case Green" was known to me, but it referred to something quite different. "Case Green" was prepared earlier, based on the assumption that a joint attack by France and Czechoslovakia was to take place against Germany. Thus the problems were treated before my time. I myself did not know the details of "Case Green."
GENERAL ALEXANDROV: But "Case Green" dealt with the conquest of Czechoslovakia, is that right? I repeat, the plan called "Case Green" was a plan for the conquest of Czechoslovakia, was it not?
VON BRAUCHITSCH: As far as I know "Case Green" was only connected with an attack, a declaration of war on the part of France and Czechoslovakia on Germany. Another ...
GENERAL ALEXANDROV: In that case, I shall remind you of another document. I mean Hitler's decree of 30 May 1938, the first copy of which was sent to you as Commander-in-Chief of the Army. This directive was issued for the purpose of carrying out "Case Green." I shall read into the record Point 1 on the second paragraph of the decree, which states: "It is my irrevocable resolution to shatter Czechoslovakia, in the near future, by a military operation." Did you have knowledge of that directive?
VON BRAUCHITSCH: Yes, I know that directive.
GENERAL AI8XANDROV: Thus there was really a plan for the conquest of Czechoslovakia, is that not so?
VON BRAUCHITSCH: I do not understand the meaning of that question.
GENERAL ALEXANDROV: I am asking you, was there actually a plan for the conquest of Czechoslovakia or not?
VON BRAUCHITSCH: In May 1938 Hitler told me about that idea of his for the first time. But you have to take into consideration in this connection that Hitler, as is generally known, always expressed himself hi the strongest terms. It was extremely difficult for one to discern Hitler's actual will from his speeches.
GENERAL ALEXANDROV: The next question is this. Tell me, Witness, in what way did you learn about conversations between General Wagner and Heydrich, the Chief of the Security Police and the Security Service? How did you get to know it? '
VON BRAUCHITSCH: From a report received from General Wagner.
GENERAL ALEXANDROV: Was General Wagner subordinate to you?
VON BRAUCHITSCH: He came under the Chief of the General Staff and thereby he was subordinate to me.
GENERAL ALEXANDROV: That means that the talks between General Wagner and Heydrich were taking place with your knowledge?
VON BRAUCHITSCH: It was reported to me afterwards.
GENERAL ALEXANDROV: And you assert that you did not know anything either about the tactical activity of the Einsatzgruppen of the Police, which are laid down by this agreement, nor about the fact of their close co-operation with the Armed Forces? Do you assert that?
VON BRAUCHITSCH: I repeat what I have said before. There was an order of the High Command of the Armed Forces to the effect that the Reichsfuehrer SS was to set up Kommandos, which were to prepare the necessary steps for the transformation of states to political states. Nothing more than that was ever known to me and the general did not report to me about it. No other reports of that kind ever reached me. If I had received any, I would have taken steps against them just as in the case of Poland. I would not have connived with them in any way had I known of them.
GENERAL ALEXANDROV: You were not even aware of the fact that these Einsatzkommandos worked in close contact with the commands of the Armed Forces? Did you know about that?
VON BRAUCHITSCH: No, they did not work together with the commands of the Armed Forces or of the Army.
GENERAL ALEXANDROV: I shall quote an extract from Document L-180, Exhibit USA-276, which is a report of the Einsatzgruppe A of the SD on 15 October 1941. The report of this Einsatzgruppe states, I quote: "Einsatzgruppe A, after preparing its vehicles for action, proceeded to their area of concentration as ordered, on 23 June 1941, the second day of the campaign in the East. Army Group North, consisting of the 16th and 18th Armies and Panzer Group 4, had advanced the day before. "Our task was to quickly establish personal contact with the commanders of the armies and with the commander of the rear. It must be stressed from the beginning that the cooperation with the Armed Forces was generally good; in some -cases, for instance with Panzer Group 4 under Generaloberst Hoeppner, it was very close, almost cordial." And further on: "At the start of the Eastern campaign it became obvious with regard to the Security Police that its special work had to be done not only in the rear area of the armies as was provided for in the original agreements with the High Command of the Army, but also in the combat areas." Did you have knowledge about such a close contact between these Einsatzgruppen and the High Command of the Armed Forces?
VON BRAUCHITSCH: No report reached me about it and consequently I knew nothing about it.
GENERAL ALEXANDROV: You ~ stated here that you had canceled Hitler's decrees about the shooting of captured Soviet commissars. Did I understand you right?
VON BRAUCHITSCH: Yes.
GENERAL ALEXANDROV: What was Hitler's reaction to your disregarding this decree?
VON BRAUCHITSCH: He never said anything to me about it I do not, know, he never reacted.
GENERAL ALEXANDROV: And you never notified Hitler that you were suspending his decree?
VON BRAUCHITSCH: No.
GENERAL ALEXANDROV: How did it happen that the decree was actually carried out, as a great many Soviet commissars who were taken prisoner were annihilated by the German troops?
VON BRAUCHITSCH: I am not in a position to answer that, because I never received a report about it. I received reports only that the order had not been carried, out.
GENERAL ALEXANDROV: Now a last question. When defendant's counsel asked you your reasons for leaving the Army, you stated that you retired, because of a difference of opinion about Hitler's policy, and because of these differences you asked for and finally received your release. Is that correct?
VON BRAUCHITSCH: Yes.
GENERAL ALEXANDROV: That means that those generals of the German Army who did not agree with Hitler's policy and his form of government, did have the possibility to resign and not follow this policy. Is that correct?
VON BRAUCHITSCH: Unfortunately, no. Hitler had explicitly ordered that no one was allowed to leave, and besides one could not go as one liked. In my case it suited him, because he needed a scapegoat for the failure of the Russian winter campaign. That was expressed later on in the propaganda spread in Germany, which blamed me for these matters.
GENERAL ALEXANDROV: I have no further questions, Mr. President.
DR. LATERNSER: I have only a very few questions, which I wish to put following the cross-examination. [Turning to the witness.] In this Document Number L-180, which has just been quoted by the Russian prosecutor, Generaloberst Hoeppner is mentioned. Did you know Generaloberst Hoeppner well?
VON BRAUCHITSCH: I have known him since 1914. He was my chief of staff in East Prussia and therefore I knew him extremely well.
DR. LATERNSER: You surely knew his attitude then with regard to the use of violence, such as was displayed later on by the Einsatz forces?
VON BRAUCHITSCH: Generaloberst Hoeppner was a straightforward and honest soldier. He would refuse to do anything which would not be in keeping with his education and his training.
DR. LATERNSER: Is Generaloberst Hoeppner alive?
VON BRAUCHITSCH: He was a victim of the events of 20 July.
DR. LATERNSER: In other words, it was because of his attitude regarding such methods that he was sentenced to death. Is that right?
VON BRAUCHITSCH: Yes, it is.
DR. LATERNSER: Could you explain how it was possible that, according to the report, an almost cordial co-operation was said by the writer to have existed between the Einsatzgruppe and Generaloberst Hoeppner?
VON BRAUCHITSCH: The only way I could explain what happened, as I said earlier in my testimony in regard to my negotiation with General Wagner and the Chief of the SS Main Office, Heydrich, is that there might have been co-operation at the actual fighting front. Besides, the conditions in the North were extraordinarily difficult. The tanks were in front, part of the Russians were behind them and behind them again the German divisions. There were the difficulties of bringing up reinforcements and supplies. I can well imagine that these groups were assigned to protect and secure the supply lines. As already stated I never received reports about that.
DR. LATERNSER: Did you know General Wagner well?
VON BRAUCHITSCH: Yes, I did.
DR. LATERNSER: What was his attitude in regard to such methods of violence?
VON BRAUCHITSCH: He committed suicide on 20 July 1944. He was in any case against any measures which would have been in contradiction to law, decency, and humanity or a violation of the rules of the Hague and the Geneva Convention.
DR. LATERNSER: One would have expected that if he knew from a conference with Heydrich that mass executions were to be effected by these special Einsatzgruppen, in view of his own attitu4e he would have made a report to you?
VON BRAUCHITSCH: Yes, surely.
DR. IATERNSER: Thank you; I have no further questions.
THE PRESIDENT: Witness, you read the evidence of the witness Gisevius?
VON BRAUCHITSCH: Yes, Sir.
THE PRESIDENT: And are you telling the Tribunal that insofar as it refers to yourself, it is entirely untrue?
VON BRAUCHITSCH: Yes, Sir.
THE PRESIDENT: Now I want to ask you another question. When the Commissar Order was communicated to you, before the war upon the Soviet Union was made, what orders did you give?
VON BRAUCHITSCH: I gave the order, which I mentioned earlier, to maintain discipline and see that correct treatment was to be accorded to the population by the German soldiers, and that all excesses were to be punished.
THE PRESIDENT: That is to say that you did not give any order directly referring to the Commissar Order?
VON BRAUCHITSCH: No. I could not rescind the order directly, but I did give an order which was unmistakable and which gave my views and convictions.
THE PRESIDENT: You gave your order in writing, did you?
VON BRAUCHITSCH: Yes.
THE PRESIDENT: And are you telling the Tribunal that you never knew during the rest of 1941 that the Commissar Order was being carried out?
VON BRAUCHITSCH: Mr. President, I am not trying to tell stories. I am merely telling the truth when I say that I did not receive any reports on it and consequently cannot say anything about it. Wherever I made inquiries about it, I only received the information that the order was not being carried out.
THE PRESIDENT: Well, then you are saying that as far as you know it. was not carried out until the time you retired?
VON BRAUCHITSCH: Yes, and more I cannot say, Mr. President.
THE PRESIDENT: I am only trying to find out what you do say. The witness can now retire.
VON BRAUCHITSCH: Mr. President...
THE PRESIDENT: Witness, did you want to say anything more?
VON BRAUCHITSCH: No, Mr. President. [The witness left the stand.]
THE PRESIDENT: Now, Dr. Laternser.
DR. LATERNSER: As my second witness I am going to call Field Marshal Von Manstein. [The witness Von Manstein took the stand.]
THE PRESIDENT: Will you state your, full name, please?
VON MANSTEIN: Erich von Manstein.
THE PRESIDENT: Will you repeat this oath after me: I swear by God-the Almighty and Omniscient-that I will speak the pure truth-and will withhold and add nothing. [The witness repeated the oath.]
THE PRESIDENT: You may sit down.
DR. LATERNSER: Field Marshal, what was the last position you held?
VON MANSTEIN: My last appointment was Commander-in-Chief of Army Group South.
DR. LATERNSER: How did you get that position?
VON MANSTEIN: I was given that position in November 1942 on the strength of an order from Hitler.
DR. LATERNSER: The other commanders-in-chief were appointed in a similar way, were they not?
VON MANSTEIN: Yes.
DR. LATERNSER: For many years you have held important positions in the General Staff. In which capacity?
VON. MANSTEIN: In the last war I was in the General Staff with the troops. Then in 1929 1 joined the Reichswehr Ministry; there I joined the First Division of the Troops Department.
DR. LATERNSER: Was the General Staff an elite body which set the standard in the Armed Forces?