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If the Tribunal would turn over - I think the next document
is unnecessary - turn over to TC-72, Number 17, which
becomes Exhibit GB 39.

As a result of these events, not unnaturally, considerable
anxiety was growing both in the Government of Great Britain
and the Polish Government, and the two governments therefore
had been undertaking conversations between each other.

On the 31st March, the Prime Minister, Mr. Chamberlain,
spoke in the House of Commons, and he explained that as a
result of the conversations that had been taking place
between the British and Polish Governments - I quote from
the last but one paragraph of his statement:-

   "As the House is aware, certain consultations are now
   proceeding with other governments. In order to make
   perfectly clear the position of His Majesty's Government
   in the meantime, before those consultations are
   concluded, I now have to inform the House that during
   that period,
                                                  [Page 142]
   in the event of any action which clearly threatened
   Polish independence, and which the Polish Government
   accordingly considered it vital to resist, with their
   national forces, His Majesty's Government would feel
   themselves bound at once to lend the Polish Government
   all support in their power. They have given the Polish
   Government an assurance to this effect.
   I may add that the French Government have authorised me
   to make it plain that they stand in the same position in
   this matter as do His Majesty's Government."

On the 6th April, a week later, a formal communique was
issued by the British and Polish Governments, which repeated
the assurance the Prime Minister had given a week before,
and in which Poland assured Great Britain of her support
should she, Great Britain, be attacked. I need not read it
all. In fact, I need not read any of it. I put it in. It is
TC-72, Number 18. I put it in as Exhibit GB 40.

The anxiety and concern that the Governments of Poland and
Great Britain were feeling at that time appears to have been
well justified. During the same week, on 3rd April, the
Tribunal will see in the next document an order signed by
Keitel. It emanates from the High Command of the Armed
Forces. It is dated Berlin, 3rd April, 1939. Its subject is
"Directive for the Armed Forces 1939/40".

   "Directive for the uniform preparation of war by the
   Armed Forces for 1939/40 is being reissued.
   Part I (Frontier Defence) and Part III (Danzig) will be
   issued in the middle of April. Their basic principles
   remain unchanged.
   Part II 'Fall Weiss'" - which is the code name for the
   operation against Poland," - Part II, 'Fall Weiss', is
   attached herewith. The signature of the Fuehrer will be
   appended later.
   The Fuehrer has added the following Directives to 'Fall
   1.Preparations must be made in such a way that the
   operation can be carried out at any time from 1st
   September, 1939, onwards." - This is in April, the
   beginning of April.
   "2. The High Command of the Armed Forces has been
   directed to draw up a precise timetable for 'Fall Weiss'
   and to arrange by conferences the synchronised timings
   between the three branches of the Armed Forces.
   3. The plan of the branches of the Armed Forces and the
   details for the timetable must be submitted to the
   O.K.W. by 1st May, 1939."

That document, as the Tribunal will see on the following
page under the heading "Distribution", went to the O.K.H.,
O.H.M., O.K.W.

THE PRESIDENT: Are those words at the top part of the
document, or are they just notes?


THE PRESIDENT: "Directives from Hitler and Keitel, Preparing
for War."

they are not. The document starts from under the words
"Translation of a document signed by Keitel."


                                                  [Page 143]

"Top Secret."

If the Tribunal will look at the second page, following
after "Distribution", it will be seen that there follows a
translation of another document, dated 11th April, and that
document is signed by Hitler.

   "I shall lay down in a later Directive the future tasks
   of the Armed Forces and the preparations to be made in
   accordance with these for the conduct of the war." - No
   question about war - "conduct of the war".
   "Until that Directive comes into force, the Armed Forces
   must be prepared for the following eventualities:
   I. Safeguarding the frontiers of the German Reich, and
   protection against surprise air attacks.
   II. 'Fall Weiss'.
   III. The annexation of Danzig."

Annex IV contains regulations for the exercise of military
authority in East Prussia in the event of a warlike

Again that document goes to the O.K.H., O.K.M., O.K.W.

On the next page of the copy the Tribunal have, the
translation of Annex I is set out, which is the safeguarding
of the frontiers of the German Reich, and I would quote from
paragraph (2) under "Special Orders."

   "Legal Basis.
   It should be anticipated that a state of defence or
   state of war, as defined in the Reich Defence law of 4th
   September, 1938, will not be declared. All measures and
   demands necessary for carrying out a mobilisation are to
   be based on the laws valid in peacetime."

My Lord, that Document is C-120. It becomes Exhibit GB 41.
It contains some other later documents to which I shall
refer back in chronological order.

The statement of the Prime Minister in the House of Commons,
followed by the Anglo-Polish communique of 6th April, was
seized upon by the Nazi Government to urge on, as it were,
the crisis which they were developing in Danzig between
themselves and Poland.

On 28th April, the German Government issued a memorandum in
which they alleged that the Anglo-Polish Declaration was
incompatible with the 1934 Agreement between Poland and
Germany, and that as a result of entering into or by reason
of entering into that Agreement, Poland had unilaterally
renounced the 1934 agreement.

I would quote only three short passages, or four short
passages, from that document:-

   "The German Government have taken note of the Polish -

THE PRESIDENT: Will you give us the reference to it?

It becomes Exhibit GB 42.

Some of these passages are worth quoting, if only to show
the complete dishonesty of the whole document on the face of

   "The German Government have taken note of the Polish-
   British Declaration regarding the progress and aims of
   the negotiations recently conducted between Poland and
   Great Britain. According to this Declaration there has
   been concluded between the Polish Government and the
   British Government a temporary understanding, to be
                                                  [Page 144]
   shortly by a permanent agreement, which will provide for
   the giving of mutual assistance by Poland and Great
   Britain in the event of the independence of one of the
   two States being directly or indirectly threatened."

Thereafter, the document sets out in the next three
paragraphs the history of German friendship towards Poland.
I quote from the last paragraph, Paragraph 5, on that page:

   "The agreement which has now been concluded by the
   Polish Government with the British Government is in such
   obvious contradiction to these solemn declarations of a
   few months ago, that the German Government can take note
   only with surprise and astonishment of such a violent
   reversal of Polish policy.
   Irrespective of the manner in which its final
   formulation may be determined by both parties, the new
   Polish-British agreement is intended as a regular Pact
   of Alliance, which, by reason of its general sense and
   of the present state of political relations, is directed
   exclusively against Germany.
   From the obligation now accepted by the Polish
   Government, it appeared that Poland intends, in certain
   circumstances, to take an active part in any possible
   German-British conflict, in the event of aggression
   against Germany, even should this conflict not affect
   Poland and her interests. This is a direct and open blow
   against the renunciation of all use of force contained
   in the 1934 Declaration."

I think I can omit Paragraph 6.

   "Paragraph 7: The Polish Government, however, by their
   recent decision to accede to an alliance directed
   against Germany, have given it to be understood that
   they prefer a promise of help by a third power to the
   direct guarantee of peace by the German Government. In
   view of this, the German Government are obliged to
   conclude that the Polish Government do not at present
   attach any importance to seeking a solution of German-
   Polish problems by means of direct, friendly discussion
   with the German Government. The Polish Government have
   thus abandoned the path traced out in 1934 to the
   shaping of German-Polish relations."

All this would sound very well, if it had not been for the
fact that orders for the invasion of Poland had already been
issued, and the Armed Forces had been told to draw up a
precise timetable.

The document goes on to set out the history of the last
negotiations and discussions. It sets out the demands of the
21st March, which the German Government had made; the return
of Danzig, the autobahn, the railway, the promise by Germany
of the twenty-five years' guarantee, and I go down to the
last but one paragraph on Page 3 of the exhibit, under the
heading (I):

   "The Polish Government did not avail themselves of the
   opportunity offered to them by the German Government for
   a just settlement of the Danzig question; for the final
   safeguarding of Poland's frontiers with the Reich and
   thereby for permanent strengthening of the friendly,
   neighbourly relations between the two countries. The
   Polish Government even rejected German proposals made
   with this object.
   At the same time the Polish Government accepted, with
   regard to another State, political obligations which are
   not compatible either with
                                                  [Page 145]
   the spirit, the meaning of the text of the German-Polish
   declaration of 26th January, 1934. Thereby, the Polish
   Government arbitrarily and unilaterally rendered this
   declaration null and void."

In the last paragraph the German Government says that,
nevertheless, they are prepared to continue friendly
relations with Poland.

On the same day as that memorandum was issued, Hitler made a
speech in the Reichstag, 28th April, in which he repeated,
in effect, the terms of the memorandum. This is Document TC-
72, Number 13, which becomes Exhibit GB 43. I would refer
the Tribunal only to the latter part of the second page of
the translation. He again repeats the demands and offers
that Germany made in March, and he goes on to say that the
Polish Government have rejected his offer, and lastly:

   "I regret greatly this incomprehensible attitude of the
   Polish Government. But that alone is not the decisive
   fact. The worst is that now Poland, like Czechoslovakia
   a year ago, believes, under the pressure of a lying
   international campaign, that it must call up troops
   although Germany, on her part, has not called up a
   single man, and had not thought of proceeding in any way
   against Poland. As I have said, this is, in itself, very
   regrettable, and posterity will one day decide whether
   it was really right to refuse the suggestion once made
   by me. This, as I have said, was an attempt on my part
   to solve a question which intimately affects the German
   people, by a truly unique compromise and to solve it to
   the advantage of both countries. According to my
   conviction, Poland was not a giving party in this
   solution at all, but only a receiving party, because it
   should be beyond all doubt that Danzig will never become
   Polish. The intention on the part of Germany to attack,
   which was merely invented by the International Press,
   led, as you know, to the so-called guarantee offer, and
   to an obligation on the part of the Polish Government
   for mutual assistance."

It is unnecessary, my Lord, to read more of that. It shows
us, as I say, how completely dishonest was everything that
the German Government was saying at that time. There was
Hitler, probably with a copy of the orders for "Fall Weiss"
in his pocket, as he spoke, saying that the intention to
attack, by Germany, was an invention of the International

In answer to that memorandum and that speech, the Polish
Government issued a memorandum on 28th April. It is set out
in the next Document, TC-72, Number 16, which becomes
Exhibit GB 44. It is unnecessary to read more than:

THE PRESIDENT : It is stated as 5th May, not the 28th April.

on the 5th May.

It is unnecessary to read more than two short paragraphs
from that reply. I can summarise the document in a word. It
sets out the objects of the 1934 agreement, to renounce the
use of force and to carry on friendly relationship between
the two countries; to solve difficulties by arbitration and
other friendly means. The Polish Government appreciate that
there are difficulties about Danzig and have long been ready
to carry out discussions. They set out again their part in
the recent discussions, and I turn to the second page of the
document, the last but one paragraph or, perhaps, I should
go back

                                                  [Page 146]

a little, to the top of that page, the first half of that
page. The Polish Government allege that they wrote, as
indeed they did, to the German Government on 26th March,
giving their point of view, that they then proposed joint
guarantees by the Polish and German Governments of the City
of Danzig, based on the principles of freedom for the local
population in internal affairs. They said they were prepared
to examine the possibilities of a motor road and railway
facilities, and that they received no reply to those

"It is clear that negotiations in which one State formulates
demands and the other is to be obliged to accept those
demands unaltered, are not negotiations in the spirit of the
Declaration of 1934 and are incompatible with the vital
interests and dignity of Poland", which, of course, in a
word, summarises the whole position of the Polish point of
view. Thereafter, they reject the German accusation that the
Anglo-Polish Agreement is incompatible with the 1934 German-
Polish Agreement.

They state that Germany herself has entered into similar
agreements with other nations and lastly, on the next page,
they say too, that they are still willing to entertain a new
pact with Germany, should Germany wish to do so.

If the Tribunal would turn back to document C-120, to the
first two letters, to which I referred only a few minutes
ago, it is becoming Exhibit GB 41. On the bottom of the page
there is a figure 614, on the first page of that exhibit,
"Directives from Hitler and Keitel Preparing for War and the
Invasion of Poland". I would refer to Page 6 of that
particular exhibit. The page number will be found at the
bottom of the page, in the centre. It is a letter from the
Supreme Commander of the Armed Forces; it is signed by
Hitler. It is dated 10th May. It goes to O.K.W., O.K.H.,
O.K.M., and various branches of the O.K.W., and with it
apparently were enclosed "Instructions for the Economic War
and the Protection of Our Own Economy". I only mention it
now to show better that throughout this time preparations
for the immediate aggression were continuing. That document
will still be part of the same exhibit.

Again, on the next page, which is document numbered " C-120

I am afraid this is a precis only, not a full translation,
and therefore, perhaps, I will not read it. But it is the
annex, showing the "Directives for the War against the Enemy
Economy and Measures of Protection for Our Economy".

As we will see later, not only were the military
preparations being carried out throughout these months and
weeks, but economic and every other kind of preparation was
being made for war at the earliest moment.

I think this period of preparation which I have taken up to
May, 1939, finishes really with that famous meeting or
conference in the Reich Chancellery on 23rd May, about which
the Tribunal has already heard. It was L-79 and is now
Exhibit USA 27 and it was referred to, I think, and has been
known, as the "Schmundt Minutes". It is the last document
which is in the Tribunal's document book of this part, and I
do not propose to read anything of it. It has been read
already and the Tribunal will remember that it was the
speech in which Hitler was crying out for "Lebensraum" and
said that Danzig was not the dispute at all. It was a
question of expanding their living space in the East, and
where he said that the decision had been taken to attack

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