The Nizkor Project: Remembering the Holocaust (Shoah)

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Last-Modified: 1999/11/22

THE PRESIDENT: Yes, Dr. Kraus, the Tribunal thinks that the
prosecution are entitled to apply, as they have applied, to
have these documents admitted in evidence, and similarly,
that the defendants will be entitled to apply to have any
evidence which they wish offered in evidence even after each
defendants' individual case has come to an end.

PROF. KRAUS: Thank you, sir.

MR. DODD: Now I wish to refer to document bearing our number
1639-PS, which we wish to offer as Exhibit USA 777. For the
benefit of the Tribunal this document is entitled
"Mobilisation Book for the Civil Administration", and is the
1939 edition. It was published in February, or put out in
February 1939, over the signature of the defendant Keitel,
as Chief of the OKW. It is classified "Top Secret" and was
distributed in 125 copies to the highest Reich Ministries,
as well as to the Army, Navy and Air Force. In its original
German the document runs to some 150 pages. We have had
translated into English, Russian and French, Pages 2 to 18,
which give the essential text of the document. It appears
from statements in the document itself, that the
"Mobilisation Book" had been issued previously, and was
revised annually. This particular book which we introduce,
or offer to introduce, was effective from 1st April, 1939,
and thus was the operative basis, we say, for the
mobilisation calendar at the time the Nazis launched their
aggression against Poland.

However, we wish to relate it back primarily to that part of
the record dealing with the Nazi plans and preparations for
aggression, because the "Mobilisation Book" or such a
"Mobilisation Book" had been in effect for years prior to
1939.

Secondly, we say it fits in with the secret Nazi Defence
Laws of 1935 and 1938 which are contained in Documents 2261-
PS and 2194-PS, introduced to the Tribunal as Exhibits USA
24 and 36 respectively.

Thirdly, it is another clear indication, we submit, of the
Nazi plans and preparations for aggressive war. That portion
of the prosecution's case dealing with Nazi preparations for
aggression was presented by Mr. Alderman of the American
prosecution staff during the morning and afternoon sessions
of the Tribunal on 27th November, 1945, and may be found at
Pages 182 to 210, Part I of the record.

                                                   [Page 32]

This document was also, I might say, referred to by the
Chief Prosecutor for the United States in his opening
address, and it is the only document therein referred to
which has not been offered formally to the Tribunal in
evidence.

Finally, I should like to take up one other matter. I wish
to move to strike out one piece of evidence offered by an
American member of the prosecution.

On 15th January, 1946, certain testimony appearing at Page
285 (Part 4) in the record was presented on behalf of the US
Chief Prosecutor. A further examination of this document
indicates to us that there is some grave question as to its
authenticity, although, of course, at the time we believed
that it was authentic. We have reason now for having grave
doubt about it.

Therefore we ask that the testimony appearing on Page 285
(Part 4) of the record be struck out. It reads as follows -
it is only three brief paragraphs. Quoting from the record
at that Page, 285 (Part 4):

Now, in concluding the question of the ideological
significance of the Hitler Youth, I would like to ask your
indulgence while I make a short quotation from that master
ideologist, the defendant Alfred Rosenberg. This is Document
130-PS, your document book Page 122, which is offered as USA
Exhibit 672. Rosenberg was making an answer to some
inquiries of the defendant Bormann about the expediency of
initiating some legal proceedings against the churches in
1939. Rosenberg replied apparently, by enclosing an article
which he had written the year before, and it is from this
article that I wish to quote.

  "We have made quite good progress in carrying the N.S.
  ideology to German youth. What there is still left of
  Catholic youth are only small groups which will be
  absorbed as time goes on. The Hitler Youth is the
  absorbing sponge which nobody can resist. Furthermore,
  our programme for education in all categories of our
  schools has been built up already, with such an anti-
  Christian and anti-Jewish tendency that the generation
  growing up now will be safe from the black swindle."

Then the prosecutor representing the United States Chief
Prosecutor went on to say, quoting from that page of the
record:

  "I use that extract, your Honour, in connection with the
  expectancy of these conspirators themselves with respect
  to the Hitler Youth and what it was to do to the minds of
  young Germans".

We, as I said a minute ago, cannot vouch for the
authenticity of this document, and it was misunderstood when
offered. Actually, it was found in the files of the
defendant Rosenberg, but it amounts to a letter from the
defendant Bormann to the defendant Rosenberg, enclosing what
was a pamphlet or a discarded paper, calling the defendant
Rosenberg's attention to it, and this quotation was read
from that pamphlet, so we ask that it be stricken from the
record; and I assume there is no objection.

THE PRESIDENT : Has the defendant Rosenberg's counsel any
objection to this being struck out of the record?

DR. THOMA: I have no objection, sir.

THE PRESIDENT: Then it will be struck out.

MR. DODD: I have only one last matter.

In the course of the presentation of the individual case
against the defendant Ribbentrop, our distinguished
colleague Sir David Maxwell Fyfe, the British Deputy Chief
Prosecutor, introduced Document 3358-PS as Exhibit GB 158.
This was on 9th January, 1946, and may be found at Page 102
(Part 4) of the record.

This document is a German Foreign Office circular dated the
25th day of January, 1939, and it is on the subject of the
"Jewish Question as a Factor in German Foreign Policy in the
Year 1938." Sir David read portions of this

                                                   [Page 33]

document into the record, including the first sentence of
the full paragraph appearing on Page 3 of the English
translation of the document.

I have discussed the matter with Sir David, and he has very
graciously agreed that we might ask the permission of the
Tribunal to add two more sentences to the quotation which he
read, because we feel, and Sir David feels with us, that the
additional two sentences which follow immediately the
sentence which he read, add something to the proof with
reference to the persecution of the Jews as related to
Crimes against Peace. It is desired, therefore, by the
prosecution, that the entire paragraph on Page 3 of the
English translation of this document be considered as in
evidence by the Tribunal, and in accordance with the ruling
of the Tribunal generally made as to other such situations,
we submit now an English, German, French and Russian
translation of that entire paragraph to obviate the
necessity for reading it, and the original, of course, is in
the German language.

It is a very brief paragraph, but I do not think that the
Tribunal would care to have me read it, even to take a
minute or two. It is in the record. There are only two
additional sentences. It does not detract anything from the
text; in our opinion, it only adds a little to the proof. If
you would like to have it read, I can do so.

THE PRESIDENT: Yes, I think we would.

MR. DODD: The sentence read by Sir David is as follows:

  "It is certainly no coincidence that the fateful year
  1938 has brought nearer the solution of the Jewish
  question simultaneously with the realisation of the idea
  of Greater Germany, since the Jewish policy was both the
  basis and consequence of the events of the year 1938."

That is the end of the sentence, and that is what was quoted
by Sir David on 9th January, at Page 102 (Part 4). We wish
to add the following, beginning immediately after that
sentence:

  "The advance made by Jewish influence and the destructive
  Jewish spirit in politics, economy, and culture,
  paralysed the power and the will of the German people to
  rise again, more perhaps even than the power policy
  opposition of the former enemy allied powers of the World
  War."

And this second sentence which follows immediately, as well:

  "The healing of this sickness among the people was
  therefore certainly one of the most important
  requirements for exerting the force which, in the year
  1938, resulted in the joining together of Greater Germany
  in defiance of the world."

We felt that that would add something to our proof with
respect to the persecution of the Jews.

Those are the only matters I have to bring up with reference
to the record.

THE PRESIDENT: Some time ago I wrote to Mr. Justice Jackson
on behalf of the tribunal, asking whether a list of the
persons who formed the German General Staff could be
submitted to the Tribunal. Has that been done?

MR. DODD: I am familiar with that communication. I recall
Mr. Justice Jackson showing it to me. If it has not been
done, it shall be directly. It may have been overlooked.

THE PRESIDENT: I had a letter back from Mr. Justice Jackson
saying that it should be done.

MR. DODD: Yes, I recall it.

THE PRESIDENT: And the Tribunal will be glad for you to
verify that it has been done.

MR. DODD: I am afraid I must say that if it has not been
done, it is probably my fault. I recall the justice handing
it to me, and I think I passed it to Colonel Taylor's
organisation, but I will check up on it directly and see
that it is delivered.

                                                   [Page 34]

THE PRESIDENT: It will be an appropriate time for it to be
done, I should think, during the course of the argument on
the Organisations, if it has not been done yet.

MR. DODD: Very well.

THE PRESIDENT:  Yes, and an affidavit accompanying it,
showing how it has been made up.

MR. DODD: Very well, your Honour.

Lt. Margolies tells me that he thinks it was sent in two
days ago, but he is not certain.

THE PRESIDENT: He thinks it has been done?

MR. DODD: He thinks so, but we will look into it.

THE PRESIDENT: Yes, very well.

Then, tomorrow morning at 10 o'clock counsel for the
prosecution will be ready, will they, to argue the case of
the Organisations which they have asked the Tribunal to be
declared criminal under Article 9 of the Charter?

MR. DODD: The prosecution is prepared to be heard tomorrow
morning at 10 o'clock on that.

THE PRESIDENT: And counsel for the various organisations are
prepared to argue against that?

So it is understood, that at 10 o'clock tomorrow the
Tribunal will sit for that purpose and will continue until
the argument is concluded.

DR. KUBUSCHOK (counsel for the Reich Cabinet): The counsel
for the Organisations are prepared, according to the
Tribunal's suggestion, to join in the discussion of the new
argument to be put forward by the prosecution tomorrow. The
prosecution has helped us by making available to us a copy
of the factual points which are now being submitted as the
basis of the Indictment.

According to the Tribunal's suggestion not only factual
points should be discussed tomorrow, but also those new
legal questions which have arisen recently, and which bear
on the scope and relevancy of the evidence. The defence
counsel for the Organisations would be obliged if the
prosecution would make available to us the speech it is
going to give on legal questions tomorrow, so that we are in
the position to answer immediately.

THE PRESIDENT: I do not know, but we have not had any copy
of any written argument presented to us. I do not know
whether counsel for the prosecution would say whether they
have any written argument?

MR. DODD: Well, Sir David can speak much better for himself.
What I was going to say is what I said previously, that I am
informed that he. has already presented his outline both to
the Tribunal and to counsel.

Mr. Justice Jackson is still working on his remarks, and
while he did hope to submit a draft, late communications
received only this morning from interested persons in the
War Department have made it necessary for him to work right
up to now, and therefore we think that the practical
difficulty is that of not having a prepared statement to
submit.

SIR DAVID MAXWELL FYFE: May it please the Tribunal, I have
prepared two appendices which endeavour to cover the first
two points in the Tribunal's statement of January, the
elements of criminality and the connected defendants
mentioned in Article 9 of the Charter. I arranged that
copies in German should be given to all the defence counsel.
I hope everyone has got a copy. I have also arranged that
copies be submitted to the Tribunal.

                                                   [Page 35]

I have attached to that an addendum showing the references
to the transcript, and in some cases to the documents on
each of the points, and I am afraid that is in English, but
it is a reference to paragraphs, so it should not be
difficult for the defence counsel to fit it into their
document.

I am afraid that, it would be impossible to give copies of
Mr. Justice Jackson's speech and mine. What I intended to
add was largely on the facts which I have endeavoured to put
before the defence counsel already, but if the defence
counsel for the Organisations would care to hear informally
what is the sort of general line, I should be very pleased
to tell them, if it would be any help. I want to help in
every way I can.

THE PRESIDENT: Yes, very well.

We will now adjourn.

(The Tribunal adjourned until 28th February, 1946, at 10.00 hours.)


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