dtufail/nuremberg-trials-corpus huggingface dataset:
MR. ALDERMAN: Number 10 was, "In course of their duty, German aircraft fly over Polish territory where they are involved in an air battle with Czech aircraft." Under the heading, "Attitude of the International Law Group": "According to Article 1 of the Fifth Hague Convention of 18 October 1907 , the territory of neutral powers is not to be violated. A deliberate violation by flying over this territory is a breach of international law if the neutral powers have declared an air barrier for combat aircraft. If German planes fly over Polish territory this constitutes a violation of international law, provided that this action is not expressly permitted." Now, under the heading, "Justification by the Laws of War," is this: "An attempt at denials should first be made; if this is unsuccessful a request for pardon should be made (on the grounds of miscalculation of position) to the Polish Government and compensation for damage guaranteed." I had referred to an order issued by Hitler on 10 September 1938 from Nuremberg, bringing the German Labor Service under the OKW. This top-secret order, of which 25 copies were made, is Item 20 in the Schmundt file, Page 44. I will read that order: "1. The whole RAD organization comes under the command of the Supreme Command of the Army effective 15 September. "2. The Chief of OKW decides on the first commitments of this organization in conjunction with the Reich Labor Leader (Reichsarbeitsfuehrer) and on assignments from time to time to the Supreme Commands of the Navy, Army, and Air Force. Where questions arise with regard to competency he will make a final decision in accordance with my instructions. "3. For the time being this order is to be made known only to the departments and personnel immediately concerned. "Signed, Adolf Hitler." Four days later, on 14 September, Defendant Keitel issued detailed instructions for the employment of specific RAD units. This order is Item 21 in the Schmundt file, at Page 45 in the English translation. I do not think I need read the order.
MR. ALDERMAN: There is another order issued by the Defendant Jodl on 16 September, Item 24, at Page 48 in the Schmundt file. I think I need only read the heading or title of that: "Subject: Employment of Reich Labor Service for maneuvers with Wehrmacht. Effective 15 September the following units will be trained militarily under direction of the Commander-in-Chief of the Army." Two further entries in the Defendant Jodl's diary give further indications of the problems of the OKW in this period of mid-September, just 2 weeks before the anticipated X-Day. I now read the answers for the 15th and 16th September, at Pages 5 and 6 of the English translation of the Jodl diary. "15 September: In the morning, conference with Chief of Army High Command and Chief of General Staffs of Army and Air Force, the question was discussed as to what could be done if the Fuehrer insists on advancement of the date, due to the rapid development of the situation. "16 September: General Keitel returns from the Berghof at 1700 hours. He graphically describes the results of the conference between Chamberlain and the Fuehrer. The next conference will take place on the 20th or 21st in Godesberg. "With consent of the Fuehrer, the order is given in the evening by the Armed Forces High Command, to the Army High Command, and to the Ministry of Finance, to line up the v.G.a.D. along the Czech border." -That I understand to have reference to the reinforced border guard. "In the same way, an order is issued to the railways to have empty rolling stock kept in readiness, clandestinely, for the strategic concentrations of the Army, so that it can be transported starting 28 September." The order to the railroads to make rolling stock available, to which General Jodl referred, appears as Item 22, at Page 47 of the Schmundt file. In this order the Defendant Keitel told the railroads to be ready by 28 September but to continue work on the Western fortifications even after 20 September in the interest of camouflage.
MR. ALDERMAN: I quote the first four paragraphs of this order: "The Reichsbahn (the railroads) must provide trains of empty trucks in great numbers by September 28 for the carrying out of mobilization exercises. This task now takes precedence over all others. "Therefore the trainloads for the limes job" -I understand the "limes job" to have reference to defense fortification in the West- "will have to be cut down after September 17 and those goods loaded previous to this date unloaded by September 20. "The Supreme Command of the Army (Fifth Division of the Army General Staff) must issue further orders after consultation with the authorities concerned. "However, in accordance with the Fuehrer's directive, every effort should be made to continue to supply the materials in as large quantities as feasible, even after 20 September 1938, and this for reasons of camouflage as well as in order to continue the important work on the limes." The penultimate stage of the aggression begins on 18 September. From that date until the 28th a series of orders was issued advancing preparations for the attack. These orders are included in the Schmundt file and I shall not take the time of the Tribunal by attempting to read all of it. On the 18th the commitment scheduled for the five participating Armies, the 2d, 8th, 10th, 12th, and 14th, was set forth. That is Item 26 in the Schmundt file at Page 50 of the English translation. Hitler approved the secret mobilization of five divisions in the West to protect the German rear during Case Green, and I refer to Item 31 in the Schmundt file at Page 13-I beg your pardon, it is Page 55, I had a misprint. I might refer to that. It is a "most-secret" order, Berlin, 27 September 1938, 1920 hours; 45 copies of which this is the 16th: "The Fuehrer has approved the mobilization without warning of the five regular West divisions (26th, 31st, 36th, 33d, and 35th).
MR. ALDERMAN: The Fuehrer and Supreme Commander of the Armed Forces has expressly reserved the right to issue the order for employment in the fortification zone and the evacuation of this zone by the workers of the Todt organization. "It is left to the OKH to assemble as far as possible, first of all the sections ready to march and, subsequently, the remaining sections of the divisions in marshalling areas behind the Western fortifications." -Signed- "Jodl."
THE PRESIDENT: I think this would be a good time to adjourn. We will meet again at 2 o'clock. [A recess was taken until 1400 hours.] Afternoon Session
MR. ALDERMAN: May it please the Tribunal, my attention has been called to the fact that I misread a signature on one of the documents to which I adverted this morning. It is Item 31 of the Schmundt minutes. I read the name "Jodl" as being the signature on that item. I should have read Keitel. In the course of presenting details of the documents which are being offered in evidence, I think it would be well to pause for a moment, and recall the setting in which these facts took place. The world will never forget the Munich Pact , and the international crisis which led to it. As this crisis was developing in August and September of 1938, and frantic efforts were being made by the statesmen of the world to preserve the peace of the world, little did they know of the evil plans and designs in the hearts and the minds of these conspirators. What is being presented to the Tribunal today is the inside story, in their own words, underlying the Pact of Munich . We are now able to spread upon the pages of history the truth concerning the fraud and deceit practiced by the Nazi conspirators in achieving for their own ends, the Pact of Munich as a stepping stone towards further aggression. One cannot think back without living again through the dread of war, the fear of war, the fear of world disaster, which seized all peace-loving persons. The hope for peace which came with the Munich Pact was, we now see, a snare and a deceit-a trap, carefully set by the defendants on trial. The evil character of these men who were fabricating this scheme for aggression and war is demonstrated by their own documents. Further discussions were held between the Army and the Luftwaffe about the time of day at which the attack should be launched. Conference notes initialed by the Defendant Jodl, dated 27 September, reveal the difference in views. These notes are Item 54, at Page 90 in the translation of Document 388-PS. I shall read these first three paragraphs as follows: The heading is: "Most secret; for chiefs only; only through officers. "Conference notes; Berlin, 27 September 1938; 4 copies, first copy.
MR. ALDERMAN: To be filed Grun. "Co-ordinated Time of Attack by Army and Air Force on X-Day. "As a matter of principle, every effort should be made for a co-ordinated attack by Army and Air Forces on 1. X-Day. "The Army wishes to attack at dawn, that is, about 0615. It also wishes to conduct some limited operations in the previous night, which however, would not alarm the entire Czech front. "Air Force's time of attack depends on weather conditions. These could change the time of attack and also limit the area of operations. The weather of the last few days, for instance, would have delayed the start until between 0800 and 1100 due to low ceiling in Bavaria." Then I'll skip to the last two paragraphs on Page 91: "Thus it is proposed: "Attack by the Army-independent of the attack by the Air Force-at the time desired by the Army (0615), and permission for limited operations to take place before then; however, only to an extent that will not alarm the entire Czech front. "The Luftwaffe will attack at a time most suitable to them." The initial at the end of that order is "J" meaning, I think clearly, Jodl. On the same date, 27 September, the Defendant Keitel sent a most-secret memorandum to the Defendant Hess, and the Reichsfuehrer SS, Himmler, for the guidance of Nazi Party officials. This memorandum is Item 32 in the Schmundt files at Page 56 of the English translation. I read the first four paragraphs of this message. "As a result of the political situation the Fuehrer and Chancellor has ordered mobilization measures for the Armed Forces, without the political situation being aggravated by issuing the mobilization (X) order, or corresponding code words. "Within the framework of these mobilization measures it is necessary for the Armed Forces authorities to issue demands to the various Party authorities and their organizations, which are connected with the previous issuing of the mobilization order, the advance measures or special code names.
MR. ALDERMAN: "The special situation makes it necessary that these demands be met (even if the code word has not been previously issued) immediately and without being referred to higher authority. "OKW requests that subordinate offices be given immediate instructions to this effect, so that the mobilization of the Armed Forces can be carried out according to plan." Then I skip to the last paragraph: "The Supreme Command of the Armed Forces further requests that all measures not provided for in the plans which are undertaken by Party organizations or Police units, as a result of the political situation, be reported in every case and in plenty of time to the Supreme Command of the Armed Forces. Only then can it be guaranteed that these measures can be carried out in practice. "The Chief of the Supreme Command of the Armed Forces, Keitel." Two additional entries from the Defendant Jodl's diary reveal the extent to which the Nazi conspirators carried out all of their preparations for an attack, even during the period of negotiations which culminated in the Munich Agreement . I quote the answers in the Jodl diary for 26 and 27 September, from Page 7 of the translation of Document 1780-PS. 26 September...
THE PRESIDENT: Have you got in mind the dates of the visits of Mr. Chamberlain to Germany, and of the actual agreement? Perhaps you can give it later on.
MR. ALDERMAN: I think it will be covered later, yes.
THE PRESIDENT: Very well.
MR. ALDERMAN: The agreement of the Munich Pact was the 29th of September, and this answer then was 3 days before the Pact, the 26th of September: "Chief of the Armed Forces High Command, acting through the Army High Command, has stopped the intended approach march of the advance units to the Czech border, because it is not yet necessary and because the Fuehrer does not intend to march in before the 30th in any case. Order to approach towards the Czech frontier need be given on the 27th only. "Fixed radio stations of Breslau, Dresden and Vienna are put at the disposal of the Reich Ministry for Popular Enlightenment and Propaganda for interference with possible Czech propaganda transmissions. "Question by Ausland whether Czechs are to be allowed to leave and cross Germany. Decision from Chief of the Armed Forces High Command: 'Yes.' "1515 hours: The Chief of the Armed Forces High Command informs General Stumpf about the result of the Godesberg conversations and about the Fuehrer's opinion. In no case will X-Day be before the 30th. "It is important that we do not permit ourselves to be drawn into military engagements because of false reports, before Prague replies. "A question of Stumpf about Y-Hour results in the reply that on account of the weather situation, a simultaneous intervention of the Air Force and Army cannot be expected. The Army needs the dawn, the Air Force can only start later on account of frequent early fogs. "The Fuehrer has to make a decision as to which of the Commanders-in-Chief is to have priority. "The opinion of Stumpf is also that the attack of the Army has to proceed. The Fuehrer has not made any decision as yet about commitment against Prague.
MR. ALDERMAN: "2000 hours: The Fuehrer addresses the people and the world in an important speech at the Sportpalast." Then the entry on 27 September: "1320 hours: The Fuehrer consents to the first wave of attack being advanced to a line from where they can arrive in the assembly area by 30 September." The order referred to by General Jodl was also recorded by the faithful Schmundt, which appears as Item 33 at Page 57 of the file. I'll read it in its entirety. It is the order which brought the Nazi Army to a jumping-off point for the unprovoked and brutal aggression: "28. 9. 38.; most secret; memorandum. "At 1300 hours 27 September the Fuehrer and Supreme Commander of the Armed Forces ordered the movement of the assault units from their exercise areas to their jumping-off points. "The assault units (about 21 reinforced regiments, or seven divisions) must be ready to begin the action against Grun on 30 September, the decision having been made 1 day previously by 1200 noon. This order was conveyed to General Keitel at 1320 through Major Schmundt" -pencil note by Schmundt. At this point, with the Nazi Army poised in a strategic position around the borders of Czechoslovakia, we shall turn back for a moment to examine another phase of the Czech aggression. The military preparations for action against Czechoslovakia had not been carried out in vacuo. They had been preceded by a skillfully conceived campaign designed to promote civil disobedience in the Czechoslovak State. Using the techniques they had already developed in other uncontested ventures underhandedly, the Nazi conspirators over a period of years used money, propaganda, and force to undermine Czechoslovakia. In this program the Nazis focused their attention on the persons of German descent living in the Sudetenland, a mountainous area bounding Bohemia and Moravia on the northwest and south. I now invite the attention of the Tribunal to Document Number 998-PS and offer it in evidence as an exhibit.
MR. ALDERMAN: This exhibit is entitled, "German Crimes Against Czechoslovakia and is the Czechoslovak Government's official report for the prosecution and trial of the German major war criminals. I believe that this report is clearly included within the provisions of Article 21 of the Charter , as a document of which the Court will take judicial notice. Article 21 provides: "The Tribunal shall not require proof of facts of common knowledge but shall take judicial notice thereof. It shall also take judicial notice of official governmental documents and reports of the United Nations, including the accounts and documents of the committees set up in the various Allied countries for the investigation of war crimes and the records and findings of military or other tribunals of any of the United Nations." Since, under that provision, the Court will take judicial notice of this governmental report by the Czech Government, I shall, with the leave of the Tribunal, merely summarize Pages 9 to 12 of this report to show the background of the subsequent Nazi intrigue within Czechoslovakia. Nazi agitation in Czechoslovakia dated from the earliest days of the Nazi Party. In the years following the first World War, a German National Socialist Workers Party (DNSAP), which maintained close contact with Hitler's NSDAP, was activated in the Sudetenland. In 1932, ringleaders of the Sudeten Volkssport, an organization corresponding to the Nazi SA or Sturmabteilung, openly endorsed the 21 points of Hitler's program, the first of which demanded the union of all Germans in a greater Germany. Soon thereafter, they were charged with planning armed rebellion on behalf of a foreign power and were sentenced for conspiracy against the Czech Republic. Late in 1933, the National Socialist Party of Czechoslovakia forestalled its dissolution by voluntary liquidation and several of its chiefs escaped across the border into Germany. For a year thereafter, Nazi activity in Czechoslovakia continued underground.
MR. ALDERMAN: On 1 October 1934, with the approval and at the urging of the Nazi conspirators, an instructor of gymnastics, Konrad Henlein, established the German Home Front or Deutsche Heimatfront, which, the following spring became the Sudeten German Party (SDP). Profiting from the experiences of the Czech National Socialist Party, Henlein denied any connection with the German Nazis. He rejected pan-Germanism and professed his respect for individual liberties and his loyalty to honest democracy and to the Czech State. His party, nonetheless, was built on the basis of the Nazi Fuehrerprinzip, and he became its Fuehrer. By 1937, when the powers of Hitler's Germany had become manifest, Henlein and his followers were striking a more aggressive note, demanding without definition, "complete Sudeten autonomy". The SDP laid proposals before the Czech Parliament which would in substance, have created a state within a state. After the annexation of Austria by Germany in March 1938, the Henleinists, who were now openly organized after the Nazi model, intensified their activities. Undisguised anti-Semitic propaganda started in the Henlein press. The campaign against Bolshevism was intensified. Terrorism in the Henlein-dominated communities increased. A storm-troop organization, patterned and trained on the principles of the Nazi SS was established, known as the FS, Freiwilliger Selbstschutz (or Voluntary Vigilantes). On 24 April 1938, in a speech to the Party Congress in Karlovy Vary, Henlein came into the open with what he called his Karlsbad Program. In this speech, which echoed Hitler in tone and substance, Henlein asserted the right of the Sudeten Germans to profess German political philosophy which, it was clear, meant National Socialism. As the summer of 1938 wore on, the Henleinists used every technique of the Nazi Fifth Column. As summarized in Pages 12 to 16 of the Czech Government official report, these techniques included: (a) Espionage. Military espionage was conducted by the SDP, the FS, and by other members of the German minority on behalf of Germany.
MR. ALDERMAN: Czech defenses were mapped and information on Czech troop movements was furnished to the German authorities. (b) Nazification of German organizations in Czechoslovakia. The Henleinists systematically penetrated the whole life of the German population of Czechoslovakia. Associations and social cultural centers regularly underwent "Gleichschaltung", that is purification, by the SDP. Among the organizations conquered by the Henleinists were sports societies, rowing clubs, associations of ax-service men, and choral societies. The Henleinists were particularly interested in penetrating as many business institutions as possible and bringing over to their side the directors of banks, the owners or directors of factories, and the managers of commercial firms. In the case of Jewish ownership or direction, they attempted to secure the cooperation of the clerical and technical staffs of the institutions. (c) German direction and leadership. The Henleinists maintained permanent contact with the Nazi officials designated to direct operations within Czechoslovakia. Meetings in Germany, at which Henleinists were exhorted and instructed in Fifth Column activity, were camouflaged by being held in conjunction with "Sanger Feste" (or choral festivals), gymnastic shows, and assemblies, and commercial gatherings such as the Leipzig Fair. Whenever the Nazi conspirators needed incidents for their war of nerves, it was the duty of the Henleinists to supply them. (d) Propaganda. Disruptive and subversive propaganda was beamed at Czechoslovakia in German broadcasts and was echoed in the German press. Goebbels called Czechoslovakia a "nest of Bolshevism" and spread the false report of Russian troops and airplanes centered in Prague. Under direction from the Reich, the Henleinists maintained whispering propaganda in the Sudetenland which contributed to the mounting tension and to the creation of incidents. Illegal Nazi literature was smuggled from Germany and widely distributed in the border regions.
MR. ALDERMAN: The Henlein press, more or less openly, espoused Nazi ideology before the German population in the Sudetenland. (e) Murder and terrorism. Nazi conspirators provided the Henleinists, and particularly the FS, with money and arms with which to provoke incidents and to maintain a state of permanent unrest. Gendarmes, customs officers, and other Czech officials were attacked. A boycott was established against Jewish lawyers, doctors, and tradesmen. The Henleinists terrorized the non-Henlein population and the Nazi Gestapo crossed into the border districts to carry Czechoslovak citizens across the border into Germany. In several cases, political foes of the Nazis were murdered on Czech soil. Nazi agents murdered Professor Theodor Lessing in 1933, and engineer Formis in 1935. Both men were anti-Nazis who had escaped from Germany after Hitler came to power and had sought refuge in Czechoslovakia. Sometime afterwards, when there was no longer need for pretense and deception, Konrad Henlein made a clear and frank statement of the mission assigned to him by the Nazi conspirators. I offer in evidence Document Number 2863-PS, an excerpt from a lecture by Konrad Henlein quoted in the book Four Fighting Years, a publication of the Czechoslovak Ministry of Foreign Affairs; and I quote from Page 29. This book has been marked for identification Exhibit USA-92, but without offering it in evidence, I ask the Tribunal to take judicial notice of it. I shall read from Page 29. This lecture was delivered by Henlein on 4 March 1941, in the auditorium of the University of Vienna, under the auspices of the Wiener Verwaltungsakademie. During a thorough search of libraries in Vienna and elsewhere, we have been unable to find a copy of the German text. This text, this volume that I have here, is an English version. The Vienna newspapers the following day carried only summaries of the lecture. This English version, however, is an official publication of the Czech Government and is, under the circumstances, the best evidence that we can produce of the Henlein speech.