dtufail/nuremberg-trials-corpus huggingface dataset:
Turkey and Greece. The final deployment instructions were issued by Brauchitsch (R-95): "1. The political situation in the Balkans having changed by reason of the Yugoslav military revolt, Yugoslavia has to be considered as an enemy even should it make declarations of loyalty at first. "The Fuehrer and Supreme Commander has decided therefore to destroy Yugoslavia as quickly as possible * * *" "5. Timetable for the operations. a. On 5th April as soon as sufficient forces of the Air Forces are available and weather permitting, the Air Forces shall attack continuously by day and night the Yugoslav ground organization and Belgrade." (R-95) (e) The Soviet Union. It is quite possible that some members of the General Staff and High Command Group opposed "Barbarossa," the German attack on the Soviet Union, as unnecessary and unwise from a military standpoint. Raeder so indicated in a memorandum he wrote on 10 January 1944 (C-66): "1. At this time the Fuehrer had made known his 'unalterable decision' to conduct the Eastern campaign in spite of all remonstrances. After that, further warnings, if no new situation had arisen, were found to be completely useless. As Chief of Naval War Staff, I was never convinced of the 'compelling necessity' for Barbarossa." "The Fuehrer very early had the idea of one day settling accounts with Russia, doubtless his general ideological attitude played an essential part in this. In 1937-38 he once stated that he intended to eliminate the Russians as a Baltic power; they would then have to be diverted in the direction of the Persian Gulf. The advance of the Russians against Finland and the Baltic States in 1939-40 probably further strengthened him in this idea. "The fear that control of the air over the Channel in the autumn of 1940 could no longer be attained-a realization which the Fuehrer, no doubt, gained earlier than the Naval War Staff, who were not so fully informed of the true results of air raids on England (our own losses)-surely caused the Fuehrer, as far back as August and September, to consider whether-even prior to victory in the West-an Eastern campaign would be feasible with the object of first eliminating our last serious opponent on the Continent. The Fuehrer
of the true results of air raids on England (our own losses)-surely caused the Fuehrer, as far back as August and September, to consider whether-even prior to victory in the West-an Eastern campaign would be feasible with the object of first eliminating our last serious opponent on the Continent. The Fuehrer did not openly express this fear, however, until well into September." "7. As no other course is possible, I have submitted to compulsion. If, in doing so, a difference of opinion arises between 1 SKL and myself, it is perhaps because the arguments the Fuehrer used on such occasion (dinner speech in the middle of July to the Officers in Command) to justify a step he had planned, usually had a greater effect on people not belonging to the 'inner circle,' than on those who often heard this type of reasoning. "Many remarks and plans indicate that the Fuehrer calculated on the final ending of the Eastern campaign in the autumn of 1941, whereas the Supreme Command of the Army (General Staff) was very skeptical." (C-66) But the passage last quoted indicates that the other members of the General Staff favored "Barbarossa". Raeder's memorandum actually says substantially that Blomberg's affidavit (3704-PS) says; that some of the generals lost confidence in the power of Hitler's judgment, but that the generals failed as a group to take any definite stand against him although a few tried and suffered thereby. Certainly the High Command Group took no stand against Hitler on "Barbarossa" and the events of 1941 and 1942 do not suggest that the High Command embarked on the Soviet war tentatively or with reservations, but rather with ruthless determination backed by careful planning. The plans themselves have already been cited. (446-PS; C-35; 872-PS; C-78; 447-PS) (f) Nature of the General Staff and High Command Group Responsibility for Aggression. The nature of the accusation against this Group for plotting and launching wars of aggression must be clearly understood. They are not accused on the ground that they are soldiers. They are not accused because they did the usual things a soldier is expected to do, such as make military plans and command troops. It is among the normal duties of a diplomat to engage in negotiations
wars of aggression must be clearly understood. They are not accused on the ground that they are soldiers. They are not accused because they did the usual things a soldier is expected to do, such as make military plans and command troops. It is among the normal duties of a diplomat to engage in negotiations and conferences; to write notes and side memoires to the government to which he is accredited; and to cultivate good will toward the country he represents. Ribbentrop is not indicted for doing these things. It is the usual function of a politician to weigh and determine matters of national policy and to draft regulations and decrees and make speeches. Hess, Frick, and the other politician-defendants are not indicted for doing these things. It is an innocent and respectable business to be a locksmith but it is none the less a crime if the locksmith turns his talents to picking the locks of neighbors and looting their homes. And that is the nature of the charge against all the defendants, and against the General Staff and High Command Group as well. The charge is that in performing the functions of diplomats, politicians, soldiers, sailors, or whatever they happened to be, they conspired to and did plan, prepare, initiate, and wage wars of aggression and in violation of Treaties. The Charter (Article 6(a)) declares that wars of aggression and wars in violation of international treaties, agreements, and assurances are crimes against peace. It is no defense for those who commit such crimes to plead that they practice a particular profession, whether it is arms or the law. It is perfectly legal for military men to prepare military plans to meet national contingencies, to carry out such plans and engage in war if in so doing they do not knowingly plan and wage illegal wars. There might well be individual cases where drawing the line between legal and illegal conduct would involve some difficulties. That is not an uncommon situation in the legal field. But there can be no doubt as to the criminality of the General Staff and High Command Group, nor as to the guilt of the five defendants who are members of the Group. The evidence is clear that these defendants, and the leaders of the Group, and most of
is not an uncommon situation in the legal field. But there can be no doubt as to the criminality of the General Staff and High Command Group, nor as to the guilt of the five defendants who are members of the Group. The evidence is clear that these defendants, and the leaders of the Group, and most of the members of the Group, were fully advised in advance of the aggressive and illegal war plans, and carried them out with full knowledge that the wars were aggressive and in violation of treaties. In the case of defendants Goering, Keitel, and Jodl, the evidence is voluminous and their participation in aggressive plans and wars is constant. The same is true of the defendant Raeder, and his individual responsibility for the aggressive and savage attack on Norway and Denmark is especially clear. The evidence so far offered against Doenitz is less voluminous, for the reason that he was younger and not one of the top group until later in the war, but his knowing participation in and advocacy of the Norwegian venture is clear. Numerous other members of the General Staff and High Command Group, including its other leaders, participated knowingly and willfully in these illegal plans and wars. Brauchitsch, the Commander-in-Chief of the Army, and his Chief of Staff, Halder; Warlimont the deputy to Jodl and chief repository of plans-in the nature of things these men knew all that was going on, and participated fully, as the evidence has shown. Reichenau and Sperrle helped to bully Schuschnigg; Reichenau and von Schobert, together with Goering, were immediately sent for by Hitler when Schuschnigg ordered the plebiscite. At later date, Blaskowitz as an Oberbefehlshaber in the field knowingly prepared for the attack on Poland; Field Marshal List educated the Bulgarians for their role during the attacks on Yugoslavia and Greece; von Falkenhorst "gladly" accepted the assignment to command the invasion of Norway and Denmark. On the air side, Jeschonnek had proposed that Germany attack Norway, Denmark, and Holland, and simultaneously assured Belgium that there was nothing to fear. On the naval side, Admiral Carls foresaw at an early date that German policy was leading to a general European war, and at a later date the attack on Norway and Denmark was his
the air side, Jeschonnek had proposed that Germany attack Norway, Denmark, and Holland, and simultaneously assured Belgium that there was nothing to fear. On the naval side, Admiral Carls foresaw at an early date that German policy was leading to a general European war, and at a later date the attack on Norway and Denmark was his brainchild; Krancke was one of the chief planners of this attack; Schniewindt was in the inner circle for the attack on Poland; Fricke certified the final orders for "Weseruebung" and a few months later proposed that Germany annex Belgium and northern France and reduce the Netherlands and Scandinavia to vassalage. Most of these 19 officers were at the time members of the Group, and the few who were not subsequently became members. At the final planning and reporting conference for "Barbarossa," 17 additional members were present. At the two meetings with Hitler, at which the aggressive plans and the contempt for treaties were fully disclosed, the entire group was present. The military defendants may perhaps argue that military men are pure technicians, bound to do whatever the political leaders order them to do. Such a suggestion must fail, on any test of reason or logic. It amounts to saying that military men are a race apart from and different from the ordinary run of human beings-men above and beyond the moral and legal requirements that apply to others; men incapable of exercising moral judgment on their own behalf. It stands to reason that the crime of planning and waging aggressive warfare is committed most consciously, deliberately, and culpably by a nation's leaders-the leaders in all the major fields of activity necessary to and closely involved in the waging of war. It is committed by the principal propagandists and publicists who whip up the necessary beliefs and enthusiasms among the people as a whole, so that the people will acquiesce and join in attacking and slaughtering the peoples of other nations. It is committed by the political leaders who purport to represent and execute the national will. It is committed by the diplomats who handle the nation's foreign policy and endeavor to create a favorable diplomatic setting for successful warfare, and by the chief ministers who adapt the
of other nations. It is committed by the political leaders who purport to represent and execute the national will. It is committed by the diplomats who handle the nation's foreign policy and endeavor to create a favorable diplomatic setting for successful warfare, and by the chief ministers who adapt the machinery of government to the needs of a nation at war. It is committed by the principal industrial and financial leaders who shape the national economy and marshall the productive resources for the needs of an aggressive war program. It is no less committed by the military leaders who knowingly plan aggressive war, mobilize the men and equipment of the attacking forces, and execute the actual onslaught. In the nature of things, planning and executing aggressive war is accomplished by agreement and consultation among all these types of leaders. If the leaders in any notably important field of activity stand aside, resist, or fail to cooperate in launching and executing an aggressive war program, the program will at the very least be seriously obstructed, and probably its successful accomplishment will be impossible. That is why the principal leaders in all these fields of activity share responsibility for the crime, and the military leaders no less than the others. Leadership in the military field, as in any other field, calls for moral wisdom as well as technical astuteness. The responsible military leaders of any nation can hardly be heard to say that their role is that of a mere janitor, custodian, or pilot of the war machine which is under their command, and that they bear no responsibility whatsoever for the use to which that machine is put. Such a view would degrade and render ignoble the profession of arms. The prevalence of such a view would be particularly unfortunate today, when the military leaders control forces infinitely more powerful and destructive than ever before. Should the military leaders be declared exempt from the declaration in the Charter that planning and waging aggressive war is a crime, it would be a crippling if not fatal blow to the efficacy of that declaration. The American prosecution here representing the United Nations believes that the profession of arms is a distinguished
exempt from the declaration in the Charter that planning and waging aggressive war is a crime, it would be a crippling if not fatal blow to the efficacy of that declaration. The American prosecution here representing the United Nations believes that the profession of arms is a distinguished and noble profession. It believes that the practice of that profession by its leaders calls for the highest degree of integrity and moral wisdom no less than for technical skill. It believes that in consulting and planning with leaders in other national fields of activity, the military leaders will act and counsel in accordance with International Law and the dictates of the public conscience. Otherwise, the military resources of the nation will be used, not in accordance with the laws of modern civilization, but with the law of the jungle. The military leaders share responsibility with other leaders of a nation. Obviously the military leaders are not the final and exclusive arbiters, and the German military leaders do not bear exclusive responsibility for the aggressive wars which were waged. If the leading German diplomats and industrialists and other leaders had not been infected with similar criminal purposes, the German military leaders might not have had their way. But the German military leaders conspired with others to undermine and destroy the conscience of the German nation. The German military leaders wanted to aggrandize Germany and if necessary to resort to war for that purpose. As the Chief Prosecutor for the United States said in his opening statement, "the German military leaders are here before you because they, along with others, mastered Germany and drove it to war." (2) War Crimes and Crimes Against Humanity. It is proposed to show that members of the General Staff and High Command Group, including the five defendants who are members of the Group, ordered and directed the commission of War Crimes and Crimes against Humanity, as defined in the Indictment. It is also proposed to show, in certain instances, the actual commission of war crimes by members of the German Armed Forces, as a result of these orders, or as a result of other orders or arrangements made by members of the General Staff and High Command Group, which controlled the German Armed Forces
in the Indictment. It is also proposed to show, in certain instances, the actual commission of war crimes by members of the German Armed Forces, as a result of these orders, or as a result of other orders or arrangements made by members of the General Staff and High Command Group, which controlled the German Armed Forces and bears responsibility for war crimes committed by them. It is not proposed, however, to make a full showing of war crimes committed by the German Armed Forces. The full presentation of this evidence is to be made, pursuant to agreement among the Chief Prosecutors, by the French and Soviet delegations. It will be shown that the General Staff and High Command became wedded to a policy of terror. In some cases, where the evidence of this policy is in documentary form, the activating papers which were signed by, initialed by, and circulated among the members of the Group will be presented. In other instances, where the actual crimes were committed by others than members of the German Armed Forces (where, for example prisoners of war or civilians were handed over to and mistreated or murdered by the SS or SD), it will be shown that members of the Group were well aware that they were assisting in the commission of war crimes. It will be shown that many crimes committed by the SS or SD were committed with the knowledge and necessary support of the General Staff and High Command, and that frequently members of the German Armed Forces acted in conjunction with the SS and SD in carrying out tasks then known by such respectable sounding terms as "pacification," "cleansing," and "elimination of insecure elements." (a) Murder of Commandos, Paratroopers, and Members of Military Missions. This story starts with an order issued by Hitler on 18 October 1942 (498-PS). The order began with a recital that allied commandos were using methods of warfare alleged to be outside the scope of the Geneva Conventions, and thereafter proceeded to specify the methods of warfare which German troops should use against allied commandos, and the disposition which should be made of captured commandos. This order reads as follows: "1. For some time our enemies have been using in their warfare methods which are outside the international Geneva Conventions. Especially brutal and
proceeded to specify the methods of warfare which German troops should use against allied commandos, and the disposition which should be made of captured commandos. This order reads as follows: "1. For some time our enemies have been using in their warfare methods which are outside the international Geneva Conventions. Especially brutal and treacherous is the behavior of the so-called commandos, who, as is established, are partially recruited even from freed criminals in enemy countries. From captured orders it is divulged that they are directed not only to shackle prisoners, but also to kill defenseless prisoners on the spot at the moment in which they believe that the latter as prisoners represent a burden in the further pursuit of their purposes or could otherwise be a hindrance. Finally, orders have been found in which the killing of prisoners has been demanded in principle. "2. For this reason it was already announced in an addendum to the Armed Forces report of 7 October 1942, that in the future, Germany, in the face of these sabotage troops of the British and their accomplices, will resort to the same procedure, i.e., that they will be ruthlessly mowed down by the German troops in combat, wherever they may appear. "3. I therefore order: From now on all enemies on so-called Commando missions in Europe or Africa challenged by German troops, even if they are to all appearances soldiers in uniform or demolition troops, whether armed or unarmed, in battle or in flight, are to be slaughtered to the last man. It does not make any difference whether they are landed from ships and aeroplanes for their actions, or whether they are dropped by parachute. Even if these individuals, when found, should apparently be prepared to give themselves up, no pardon is to be granted them on principle. In each individuals, when found, should apparently be prepared to give themselves up, no pardon is to be granted them on principle. In each individual case full information is to be sent to the OKW. for publication in the Report of the Military Forces. "4. If individual members of such commandos, such as agents, saboteurs, etc. fall into the hands of the military forces by some other means, through the police in occupied territories
principle. In each individual case full information is to be sent to the OKW. for publication in the Report of the Military Forces. "4. If individual members of such commandos, such as agents, saboteurs, etc. fall into the hands of the military forces by some other means, through the police in occupied territories for instance, they are to be handed over immediately to the SD. Any imprisonment under military guard, in PW Stockades for instance, etc., is strictly prohibited, even if this is only intended for a short time. "5. This order does not apply to the treatment of any enemy soldiers who in the course of normal hostilities (largescale offensive actions, landing operations and airborne operations), are captured in open battle or give themselves up. Nor does this order apply to enemy soldiers falling into our hands after battles at sea, or enemy soldiers trying to save their lives by parachute after battles. "6. I will hold responsible under Military Law, for failing to carry out this order, all commanders and officers who either have neglected their duty of instructing the troops about this order, or acted against this order where it was to be executed. "(S) Adolf Hitler" (498-PS). This order was issued by the OKW in twelve copies, and the distribution included the three supreme commands and the principal field commands. (498-PS) On the same day Hitler issued a supplementary order (503-PS) for the purpose of explaining the reasons for the issuance of the basic order. In this explanation, Hitler pointed out that allied commando operations had been extraordinarily successful in the destruction of rear communications, intimidation of laborers, and destruction of important war plants in occupied areas. Among other things Hitler stated in this explanation: "Added to the decree concerning the destruction of terror and sabotage troops (OKW/WFst No. 003830/42 Top Secret of 18 October 1942) a supplementary order of the Fuehrer is enclosed. "This order is intended for commanders only and must not under any circumstances fall into enemy hands. "The further distribution is to be limited accordingly by the receiving bureaus. "The bureaus named in the distribution list are held responsible, for the return and destruction of all distributed pieces of the order and