The Nizkor Project: Remembering the Holocaust (Shoah)
Nuremberg, war crimes, crimes against humanity

The Trial of German Major War Criminals

Sitting at Nuremberg, Germany
27th February to 11th March, 1946

Sixty-Ninth Day: Wednesday, 27th February, 1946
(Part 9 of 9)

[Page 31]

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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