dtufail/nuremberg-trials-corpus huggingface dataset:
MR. ALDERMAN: The result of the first phase of its activities: More than 1500 prisoners, 25 MG's" -which I suppose means machine guns- "and a large amount of other weapons and equipment, aside from serious losses in dead and wounded suffered by the enemy." -And there was superimposed in place of "enemy", "the Czech terrorists." In his headquarters in the castle at Donndorf, Henlein was in close touch with Admiral Canaris of the Intelligence Division of the OKW and with the SS and the SA. The liaison officer between the SS and Henlein was Oberfuehrer Gottlob Berger (SS). I now offer in evidence Document 3036-PS as Exhibit USA-102, which is an affidavit executed by Gottlob Berger; and in connection with that affidavit, I wish to submit to the Tribunal that it presents, we think, quite a different question of proof from the Schuschnigg affidavits which were not admitted in evidence by the Court. Schuschnigg, of course, was a neutral and non-Nazi Austrian. He was not a member of this conspiracy, and I can well understand that the Court rejected his affidavit for these reasons. This man was a Nazi. He was serving in this conspiracy. He has made this affidavit. We think the affidavit has probative value and should be admitted by the Tribunal under the pertinent provision of the Charter , which says that you will accept in evidence any evidence having probative value. We think it would be unfair to require us to bring here as a witness a man who would certainly be a hostile witness, who is to us a member of this conspiracy, and it seems to us that the affidavit should be admitted with leave to the defendants, if they wish, to call the author of the affidavit as their witness. I should have added that this man was a prominent member of the SS which is charged before you as being a criminal organization, and we think the document is perfectly competent in evidence as an admission against interest by a prominent member of the SS organization.
DR. STAMHER: Mr. President, the Defense objects to the use of this document. This document was drawn up as late as 22 November 1945, here in Nuremberg, and the witness Berger could, therefore, be brought to Court without any difficulty. We must insist that he be heard here on the subjects on which the Prosecution wishes to introduce his testimony. That would be the only way in which the Defense could have an opportunity of crossexamining the witness and thereby contribute to obtaining objective truth. [Pause in the proceedings while the Tribunal consulted.]
THE PRESIDENT: The Tribunal upholds the objection and will not hear this affidavit. It is open to either the Prosecution or the defendants, of course, to call the man who made the affidavit. That is all I have to say. We have upheld your objection.
MR. ALDERMAN: If the Tribunal please, I had another affidavit by one Alfred Helmut Naujocks which, I take it, will be excluded under this same ruling, and which, therefore, I shall not offer.
THE PRESIDENT: If the circumstances are the same.
MR. ALDERMAN: Yes, I might merely refer to it for identification because it is in your document books
THE PRESIDENT: Very well.
MR. ALDERMAN: It is Document 3029-PS.
THE PRESIDENT: Very well. That also will be rejected as evidence.
MR. ALDERMAN: Yes. Offensive operations along the Czechoslovakian border were not confined to skirmishes carried out by the Free Corps. Two SS-Totenkopf (Deathhead) battalions were operating across the border in Czech territory near Asch. I quote now from Item 36 in the Schmundt file, an OKW most secret order, signed by Jodl, and dated 28 September. This appears at Page 61 of the Schmundt file: "Supreme Command of the Armed Forces, Berlin, 28 September 1938; 45 copies, 16th copy; most secret. "Subject: Four SS-Totenkopf battalions subordinate to the Commander-in-Chief Army. "To: Reichsfuehrer SS and Chief of the German Police (SS Central Office) (36th copy). "By order of the Supreme Command of the Armed Forces the following battalions of the SS Deathhead organization will be under the command of the Commander-in-Chief of the Army with immediate effect. "Second and Third Battalions of the 2d SS-Totenkopf Regiment Brandenburg at present in Brieg (Upper Silesia). "First and Second Battalions of the 3d SS-Totenkopf Regiment Thuringia, at present in Radebeul and Kotzschenbroda near Dresden. "Commander-in-Chief of the Army is requested to deploy these battalions for the West, (Upper Rhine) according to the Fuehrer's instructions. "These SS-Totenkopf units now operating in the Asch promontory (I and II Battalions of the SS-Totenkopf Regiment Oberbayern) will come under the Commander-in-Chief of the Army only when they return to German Reich territory, or when the Army crosses the German-Czech frontier. "It is requested that all further arrangements be made between Commander-in-Chief of the Army and Reichsfuehrer SS (SS Central Office). "For the Chief of the Supreme Command of the Armed Forces, Jodl." According to the 25 September entry in General Jodl's diary, these SS-Totenkopf battalions were operating in this area on direct orders from Hitler. As the time X-Day approached, the disposition of the Free Corps became a matter of dispute.
MR. ALDERMAN: On 26 September Himmler issued an order to the Chief of Staff of the Sudeten German Free Corps, directing that the Free Corps come under control of the Reichsfuehrer SS in the event of German invasion of Czechoslovakia. This document is Item 37 in the Schmundt file, on Page 62. On 28 September Defendant Keitel directed that as soon as the German Army crosses the Czech border, the Free Corps will take orders from the OKH. In this most-secret order of the OKW, Keitel discloses that Henlein's men are already operating in Czechoslovak territory. I read now from Item 34 of the Schmundt file on Page 58, the last three paragraphs of this most-secret order: "For the Henlein Free Corps and units subordinate to it the principle remains valid, that they receive instructions direct from the Fuehrer and that they carry out their operations only in conjunction with the competent corps headquarters. The advance units of the Free Corps will have to report to the local commander of the frontier guard immediately before crossing the frontier. "Those units remaining forward of the frontier should, in their own interests, get into communication with the frontier guard as often as possible. "As soon as the Army crosses the Czechoslovak border the Henlein Free Corps will be subordinate to the OKH. Thus it will be expedient to assign a sector to the Free Corps, even now, which can be fitted into the scheme of army boundaries later." On 30 September, when it became clear that the Munich Settlement would result in a peaceful occupation of the Sudetenland the Defendant Keitel ordered that the Free Corps Henlein, in its present composition, be placed under the command of Himmler. I read from Item 38, at Page 63, of the Schmundt file: "1. Attachment of the Henlein Free Corps. The Supreme Commander of the Armed Forces has just ordered that the Henlein Free Corps in its present composition be placed under command of Reichsfuehrer SS and the Chief of German Police.
MR. ALDERMAN: It is therefore not at the immediate disposal of OKH as field unit for the invasion, but is to be later drawn in, like the rest of the police forces, for police duties in agreement with the Reichsfuehrer SS." I have been able, if the Tribunal please, to ascertain the date the Tribunal asked about before the recess. The first visit of Chamberlain to Germany in connection with this matter was 15 September 1938. Chamberlain flew to Munich and arrived at 12:30 o'clock on 15 September. He went by train from Munich to Berchtesgaden, arriving at 1600 hours, by car at Berghof, arriving about at 1650, for three talks with Hitler. On 16 September Chamberlain returned by air to London. The second visit was on 22 September. Chamberlain met with Hitler at Bad Godesberg at 1700 hours for a 3-hour discussion, and it was a deadlock. On 23 September discussions were resumed a 2230 hours. On 24 September Chamberlain returned to London. The third visit was on 29 September. Chamberlain flew to Munich and the meeting of Chamberlain, Mussolini, Daladier, and Hitler took place at the Brown House at 1330 and continued until 0230 hours on 30 September 1938, a Friday, when the Munich Agreement was signed. Under the threat of war by the Nazi conspirators, and with war in fact about to be launched, the United Kingdom and France concluded the Munich Pact with Germany and Italy at that early morning hour of 30 September 1938. This Treaty will be presented by the British prosecutor. It is sufficient for me to say of it at this point that it was the cession of the Sudetenland by Czechoslovakia to Germany. Czechoslovakia was required to acquiesce. The Munich Pact will be TC-23 of the British documents. On 1 October 1938 German troops began the occupation of the Sudetenland. During the conclusion of the Munich Pact the Wehrmacht had been fully deployed for the attack, awaiting only the word of Hitler to begin the assault. With the cession of the Sudetenland new orders were issued.
MR. ALDERMAN: On 30 September the Defendant Keitel promulgated Directive Number 1 on occupation of territory separated from Czechoslovakia. This is Item 39 at Page 64 of the Schmundt file. This directive contained a timetable for the occupation of sectors of former Czech territory between 1 and 10 October and specified the tasks of the German Armed Forces. I read now the fourth and fifth paragraphs of that document: "2. The present degree of mobilized preparedness is to be maintained completely, for the present also in the West. Order for the rescinding of measures taken, is held over. "The entry is to be planned in such a way that it can easily be converted into operation Grun." It contains one other important provision about the Henlein forces, and I quote from the list under the heading "a. Army": "Henlein Free Corps. All combat action on the part of the Volunteer Corps must cease as from 1st October." The Schmundt file contains a number of additional secret OKW directives giving instructions for the occupation of the Sudetenland. I think I need not read them, as they are not essential to the proof of our case. They merely indicate the scope of the preparations of the OKW. Directives specifying the occupational area of the Army, the units under its command, arranging for communication facilities, supply, and propaganda, and giving instructions to the various departments of the Government were issued over Defendant Keitel's signature on 30 September. These are Items 40, 41, and 42 in the Schmundt file. I think it is sufficient to read the caption and the signature.
THE PRESIDENT: What page?
MR. ALDERMAN: Page 66 of the English version. This is the Supreme Commander of the Armed Forces, most secret: "Special Orders Number 1 to Directive Number 1. Subject: Occupation of Territory Ceded by Czechoslovakia." -Signature- "Keitel." Item 41 is on Page 70 of the Schmundt file. "Supreme Command of the Armed Forces; most secret IV a. Most secret; subject: Occupation of Sudeten-German Territory." -Signed- "Keitel." Item 42 in the Schmundt file is on Page 75, again most secret. "Subject: Occupation of the Sudeten-German Area.", Signed "Keitel." By 10 October Von Brauchitsch was able to report to Hitler that German troops had reached the demarcation line and that the order for the occupation of the Sudetenland had been fulfilled. The OKW requested Hitler's permission to rescind Case Green, to withdraw troops from the occupied area, and to relieve the OKH of executive powers in the Sudeten-German area as of 15 October. These are Items 46, 47, and 48 in the Schmundt file. Item 46, which appears at Page 77, is a letter from Berlin, dated October 10, 1938, signed by Von Brauchitsch: "My Fuehrer: "I have to report that the troops will reach the demarcation line as ordered, by this evening. Insofar as further military operations are not required, the order for the occupation of the country which was given to me will thus have been fulfilled. The guarding of the new frontier line will be taken over by the reinforced frontier supervision service in the next few days. "It is thus no longer a military necessity to combine the administration of the Sudetenland with the command of the troops of the Army under the control of one person. "I therefore ask you, my Fuehrer, to relieve me, with effect from 15 October 1938, of the charge assigned to me: That of exercising executive powers in Sudeten-German Territory.
MR. ALDERMAN: "Heil, my Fuehrer, Von Brauchitsch." Item 47 of the Schmundt file, appearing on Page 78, is a secret telegram from the OKW to the Fuehrer's train, Lieutenant Colonel Schmundt: "If evening report shows that occupation of Zone 5 has been completed without incident, OKW intends to order further demobilization. "Principle: 1). To suspend operation Grun but maintain a sufficient state of preparedness on part of Army and Luftwaffe to make intervention possible if necessary. 2) All units not needed to be withdrawn from the occupied area and reduced to peacetime status, as population of occupied area is heavily burdened by the massing of troops." Skipping to below the OKW signature, this appears, at the left: "Fuehrer's decision: "1. Agreed. "2. Suggestion to be made on the 13 October in Essen by General Keitel. Decision will then be reached." On the same date additional demobilization of the forces in the Sudetenland was ordered by Hitler and Defendant Keitel. Three days later the OKW requested Hitler's consent to the reversion of the RAD (Labor Corps) from the control of the Armed Forces. These are Items 52 and 53 in the Schmundt file. As the German forces entered the Sudetenland, Henlein's Sudetendeutsche Partei was merged with the NSDAP of Hitler. The two men who had fled to Hitler's protection in mid-September, Henlein and Karl Hermann Frank, were appointed Gauleiter and Deputy Gauleiter, respectively, of the Sudetengau. In the parts of the Czechoslovak Republic that were still free the Sudetendeutsche Partei constituted itself as the National Socialistic German Worker Party in Czechoslovakia, NSDAP in Czechoslovakia, under the direction of Kundt, another of Henlein's deputies. The Tribunal will find these events set forth in the Czechoslovak official report, Document 998-PS. The stage was now prepared for the next move of the Nazi conspirators, the plan for the conquest of the remainder of Czechoslovakia.
MR. ALDERMAN: With the occupation of the Sudetenland and the inclusion of German-speaking Czechs within the Greater Reich, it might have been expected that the Nazi conspirators would be satisfied. Thus far in their program of aggression the defendants had used as a pretext for their conquests the union of the Volksdeutsche, the people of German descent, with the Reich. Now, after Munich, the Volksdeutsche in Czechoslovakia have been substantially all returned to German rule. On 26 September, at the Sportpalast in Berlin, Hitler spoke to the world. I now refer and invite the notice of the Tribunal to the Volkischer Beobachter, Munich edition, special edition for 27 September 1938, in which this speech is quoted. I read from Page 2, Column 1, quoting from Hitler: "And now we are confronted with the last problem which must be solved and will be solved. It is the last territorial claim"...
THE PRESIDENT: Is this document in our documents?
MR. ALDERMAN: No. I am asking the Court to take judicial notice of that.
THE PRESIDENT: Very well.
MR. ALDERMAN: It is a well-known German publication. "It is the last territorial claim which I have to make in Europe, but it is a claim from which I will not swerve and which I will satisfy, God willing." (Document Number 2358-PS.) And further: "I have little to explain. I am grateful to Mr. Chamberlain for all his efforts, and I have assured him that the German people want nothing but peace; but I have also told him that I cannot go back beyond the limits of our patience." This is Page 2, Column 1. "I assured him, moreover, and I repeat it here, that when this problem is solved there will be no more territorial problems for Germany in Europe. And I further assured him that from the moment, when Czechoslovakia solves its other problems that is to say, when the Czechs have come to an arrangement with their other minorities peacefully and without oppression, I will no longer be interested in the Czech State. And that, as far as I am concerned, I will guarantee it. We don't want any Czechs!" The major portion of the passage I have quoted will be contained in Document TC-28, which I think, will be offered by the British prosecutor. Yet two weeks later Hitler and Defendant Keitel were preparing estimates of the military forces required to break Czechoslovak resistance in Bohemia and Moravia. I now read from Item 48, at Page 82, of the Schmundt file. This is a top-secret telegram sent by Keitel to Hitler's headquarters on 11 October 1938 in answer to four questions which Hitler had propounded to the OKW. I think it is sufficient merely to read the questions which Hitler had propounded: "Question 1. What reinforcements are necessary in the situation to break all Czech resistance in Bohemia and Moravia? "Question 2. How much time is requested for the regrouping or moving up of new forces? "Question 3. How much time will be required for the same purpose if it is executed after the intended demobilization and return measures? "Question 4.
MR. ALDERMAN: How much time would be required to achieve the state of readiness of 1 October?" On 21 October, the same day on which the administration of the Sudetenland was handed over to the civilian authorities, a directive outlining plans for the conquest of the remainder of Czechoslovakia was signed by Hitler and initialed by the Defendant Keitel. I now offer in evidence Document C-136 as Exhibit USA-104, a top-secret order of which 10 copies were made, this being the first copy, signed in ink by Keitel. In this order, issued only 3 weeks after the winning of the Sudetenland, the Nazi conspirators are already looking forward to new conquests. I quote the first part of the body of the document: "The future tasks for the Armed Forces and the preparations for the conduct of war resulting from these tasks will be laid down by me in a later directive. Until this directive comes into force the Armed Forces must be prepared at all times or the following eventualities: "1) The securing of the frontiers of Germany and the protection against surprise air attacks. "2) The liquidation of the remainder of Czechoslovakia. "3) The occupation of the Memel." And then proceeding, the statement following Number 2: "Liquidation of the remainder of Czechoslovakia: It must be possible to smash at any time the remainder of Czechoslovakia if her policy should become hostile towards Germany. "The preparations to be made by the Armed Forces for this contingency will be considerably smaller in extent than those for Grun; they must, however, guarantee a continuous and considerably higher state of preparedness, since planned mobilization measures have been dispensed with. The organization, order of battle, and state of readiness of the units earmarked for that purpose are in peacetime to be so arranged for a surprise assault that Czechoslovakia herself will be deprived of all possibility of organized resistance. The object is the swift occupation of Bohemia and Moravia and the cutting off of Slovakia.
MR. ALDERMAN: The preparations should be such that at the same time 'Grenzsicherung West' "-the measures of frontier defense in the West- "can be carried out. "The detailed mission of Army and Air Force is as follows: "a. Army: The units stationed in the vicinity of Bohemia-Moravia and several motorized divisions are to be earmarked for a surprise type of attack. Their number will be determined by the forces remaining in Czechoslovakia; a quick and decisive success must be assured. The assembly and preparations for the attack must be worked out. Forces not needed will be kept in readiness in such a manner that they may be either committed in securing the frontiers or sent after the attack army. "b. Air Force: The quick advance of the German Army is to be assured by early elimination of the Czech Air Force. For this purpose the commitment in a surprise attack from peacetime bases has to be prepared. Whether for this purpose still stronger forces may be required can be determined from the development of the military-political situation in Czechoslovakia only. At the same time a simultaneous assembly of the remainder of the offensive forces against the West must be prepared." And then Part 3 goes on under the heading, "Annexation of the Memel District." It is signed by Adolf Hitler and authenticated by Defendant Keitel. It was distributed to the OKH, to Defendant Goering's Luftwaffe, and to Defendant Raeder at Navy headquarters. Two months later, on 17 December 1938, Defendant Keitel issued an appendix to the original order, stating that by command of the Fuehrer preparations for the liquidation of Czechoslovakia are to continue. I offer in evidence Document C-138 as Exhibit USA-105, and other captured OKW documents classified top secret. Distribution of this order was the same as for the 21 October order. I shall read the body of this order. "Corollary to Directive of 21. 10. 38.
MR. ALDERMAN: "Reference: 'Liquidation of the Rest of Czechoslovakia.' The Fuehrer has given the following additional order: "The preparations for this eventuality are to continue on the assumption that no resistance worth mentioning is to be expected. "To the outside world too it must clearly appear that it is merely an action of pacification, and not a warlike undertaking. "The action must therefore be carried out by the peacetime Armed Forces only, without reinforcements from mobilization. The necessary readiness for action, especially the ensuring that the most necessary supplies are brought up, must be effected by adjustment within the units. "Similarly the units of the Army detailed for the march in must, as a general rule, leave their stations only during the night prior to the crossing of the frontier, and will not previously form up systematically on the frontier. The transport necessary for previous organization should be limited to the minimum and will be camouflaged as much as possible. Necessary movements, if any, of single units and particularly of motorized forces, to the troop training areas situated near the frontier, must have the approval of the Fuehrer. "The Air Force should take action in accordance with the similar general directives. "For the same reasons the exercise of executive power by the Supreme Command of the Army is laid down only for the newly occupied territory and only for a short period." -Signed- "Keitel." I invite the attention of the Tribunal to the fact that this particular copy of this order, an original carbon signed in ink by Keitel, was the one sent to the OKM, the German Naval headquarters. It bears the initials of Fricke, head of the Operation Division of the naval war staff; Schniewind, Chief of Staff; and of Defendant Raeder. As the Wehrmacht moved forward, with plans for what it clearly considered would be an easy victory, the Foreign Office played its part.
MR. ALDERMAN: In a discussion of means of improving German-Czech relations with the Czech Foreign Minister Chvalkovsky in Berlin on 31 January 1939, Defendant Ribbentrop urged upon the Czech Government a quick reduction in the size of the Czech Army. I offer in evidence Document 2795-PS as Exhibit USA-106, captured German Foreign Office notes of this discussion. I will read only the footnote, which is in Ribbentrop's handwriting: "I mentioned to Chvalkovsky especially that a quick reduction in the Czech Army would be decisive in our judgment." Does the Court propose sitting beyond 4:30?
THE PRESIDENT: No, I think not. The Tribunal will adjourn. [The Tribunal adjourned until 4 December 1945 at 1000 hours.]
THE PRESIDENT: I will call on the Chief Prosecutor for Great Britain and Northern Ireland.