Chapter X: Front Matter (10)

DR. KAUFFMANN: So, if I understood you correctly, you can also not state definitely that the teletype really had Kaltenbrunner’s signature under it, but rather you simply assume that from your knowledge of the organization.

WIELEN: I was so impressed by the contents of the communication, by the results, and by the necessity to prepare the working out of the whole affair that I paid little attention to the mechanical matters, that is, the externals involved. As a result, they did not imprint themselves on my memory in such a way that I could make a statement about them with definite reliability.

DR. KAUFFMANN: Thank you.

MR. ROBERTS: No further questions.

THE PRESIDENT: The witness can retire.

Dr. Nelte, does that close the case for the Defendant Keitel?

DR. NELTE: As far as witnesses are concerned, that closes the case for Keitel. I have a few further remarks to make with regard to the presentation of evidence.

The Tribunal have approved an affidavit by Krieger by its ruling of 6 April 1946. I ask the Tribunal to permit me to put this affidavit in evidence as Document Keitel-15. I have the German original here and I should like to read only that part of the affidavit that describes the relations between Hitler and Keitel. This involves three short paragraphs:

“The relations between Hitler and former Field Marshal Keitel
were officially correct and, on Hitler’s part, appeared
confiding as a whole, springing from appreciation of or respect
for a zealous co-worker. Keitel’s attitude was upright and
soldierly. There was, however, no further friendly or
confidential note between them. Apart from official receptions,
and so forth, Keitel, as far as could be ascertained, hardly
took part with Hitler in informal conversations nor shared any
meals with him. Also, summons to discussions with Hitler outside
the official conferences, when there were no stenographers
present, were not observed.

“In preparing decisions or in formulating orders, Keitel gave
expression to his own opinions, even if they happened to differ,
in an unbiased, clear, soldierly manner. He apparently knew
exactly, from many years of collaboration with Hitler, the
limits of possibility as far as influencing his opinions or
decisions or changing his mind was concerned. For that reason he
generally accepted Hitler’s decisions as orders in a soldierly
manner. In individual cases he tried and succeeded by emphatic
reasoning in changing decisions, or at least in delaying them in
order to have them further examined.

“That Hitler, at least at times, did not trust Keitel completely
I believe I can conclude from one of Hitler’s remarks...”

THE PRESIDENT: Dr. Nelte, it appears to the Tribunal that it is not really necessary to read this. Keitel has already said it, it is cumulative to him, and the document itself is in evidence so we can read it ourselves.

DR. NELTE: It is not necessary, but it simply corroborates what has been testified to here. Therefore, I can...

THE PRESIDENT: It is sufficient that you tell us that.

DR. NELTE: I have further received the answers to several interrogatories that were permitted by the Tribunal.

First, there is the answer to the interrogatory by Herr Romilly. I can put this sworn interrogatory in evidence before the Tribunal and can forego any reading of it.

The same is true of the answers to the interrogatory submitted to the witness Rotraud Roemer as to the question of the branding of Russian prisoners of war.

The interrogatories of Professor Naville and Ambassador Scarpini are not yet at hand. I shall submit them as soon as they arrive. There remains...

THE PRESIDENT: Have the Prosecution had these documents?

DR. NELTE: Yes.

THE PRESIDENT: Have you given numbers to these? You gave Document Keitel-15 to the last affidavit. You ought to number the others.

DR. NELTE: Romilly is Document Keitel-16, and Roemer is Document Keitel-17.

I have now only the affidavit of the late Field Marshal Von Blomberg. As ruled by the Tribunal on 26 February, it was allowed that he be interrogated. I have sent the original to the Prosecution and I ask to be allowed to put in evidence the sworn answers of Von Blomberg. It is in Document Book 1 and is known both to the Tribunal and to the Prosecution.

THE PRESIDENT: Yes.

DR. NELTE: That concludes my case.

THE PRESIDENT: Thank you—Now, Dr. Horn, I think—Dr. Nelte, you are lodging these original documents that are numbered Keitel-16, 17, and 18, you are lodging them with the General Secretary?

DR. NELTE: Yes.

THE PRESIDENT: Have they been translated?

DR. NELTE: Yes.

THE PRESIDENT: Very well.

Dr. Nelte, we have not seen a translation of Keitel-16, but you are sure that it has been translated, are you?

SIR DAVID MAXWELL-FYFE: I have seen an English translation of it.

THE PRESIDENT: You have?

SIR DAVID MAXWELL-FYFE: It was shown to me when it came in. I am quite sure I remember reading it.

THE PRESIDENT: Very well, perhaps the General Secretary’s department will see that we are furnished copies of it.

Yes, I think that is the one. That is Keitel-16.

SIR DAVID MAXWELL-FYFE: Certainly, I think Romilly is Keitel-16. I have seen it.

THE PRESIDENT: Very well.

Dr. Horn, do you remember that we read these documents at the time that we approved of their admissibility?

DR. MARTIN HORN (Counsel for Defendant Von Ribbentrop): Yes, Mr. President.

THE PRESIDENT: So perhaps it won’t take you long to introduce them in evidence?

DR. HORN: I shall limit myself to a minimum, Mr. President.

THE PRESIDENT: Thank you.

DR. HORN: I should like to ask the Tribunal first to take judicial notice of Document Ribbentrop-75, contained in Volume III, on Page 191, of Ribbentrop’s document book. It is a question here of an agreement between the Allied and Associated Powers and Poland of the year 1919. This agreement defines the rights of the German minority in Poland. In Article 12 of this Treaty, which is on Page 3 of this document, it is said that Poland agrees that insofar as the provisions of the above article apply to persons of racial, religious, or linguistic minorities, these provisions form the basis for obligations of international interest and are placed under the supervision of the League of Nations.

In subsequent years Poland repeatedly violated this Treaty. That can be seen from the two following documents, Document Ribbentrop-82, on Page 208 of Document Book Number 4.

This is a legal judgment by the Permanent International Court. It is of 10 September 1923. In order to save time I might just read the conclusion, where it is said:

“The Court is of the opinion that the attitude of the Polish
Government defined under Points ‘a’ and ‘b’ does not stand in
accord with Poland’s international obligations.”

I ask the Tribunal to take judicial notice of this document, as well as the next document, Document Ribbentrop-84, which is on Pages 212 and 212-a of the Ribbentrop Document Book Number 4. This, too, is a statement on the part of a judicial committee of the League of Nations on minority questions. I ask the Tribunal to take judicial notice of this report.

Immediately after the Government had been taken over by Hitler, this Government attempted to establish a good relationship with Poland. As evidence for this, I refer to Document Ribbentrop-85, which is on Page 213 of the document book. I am reading from Page 2 of that document.

THE PRESIDENT: One moment. Is that Ribbentrop Document Book 4?

DR. HORN: It is Ribbentrop Document Book 4, Mr. President, Page 213. I am reading from Page 214, center of the last paragraph, as follows:

“He, the Chancellor, wished only that the pending political
questions existing between Germany and Poland could be examined
and treated without passion by the statesmen of both countries.
He was convinced that some way out of the present untenable
position could be found. Germany desired peace. The forceful
expropriation of Polish territory was not his intention, but he
was reserving for himself those rights to which he was entitled
according to the pact, and he would insist upon them at any time
and whenever he thought fit.”

Concerning this conference, two official communiqués were issued by request of the Polish Ambassador. This is Document Ribbentrop-86, which is the German communiqué, and I request the Tribunal to take judicial notice of it and also the next document, Document Ribbentrop-87, on Page 216 of the document book, which is the Polish communiqué. So as to save time, I do not propose to read these communiqués.

On 15 July 1937 considerable parts of the German-Polish pact which was signed in Geneva in 1922, regarding Upper Silesia, expired. The necessity arose, therefore, to create a new pact between the two countries, particularly since difficulties again arose due to the question of minorities and the treatment of German minorities. As evidence for this I refer to Document Ribbentrop-117, on Page 257 of the document book, and I should like to read the second paragraph where it says:

“The Reich Minister also pointed out to the Polish Ambassador
that the rigorous Polish point of view regarding the expulsion
of those who had indicated a preference for Germany could not be
accepted by us.”

THE PRESIDENT: I could not see that on Page 254.

DR. HORN: Page 257, Mr. President.

THE PRESIDENT: Yes, I see it.

DR. HORN: The result of those conferences between Poland and Germany is the pact which has been submitted as Document Ribbentrop-123, on Page 263 of the document book. This is a co-ordinated declaration by the Polish and German Governments regarding the protection of their respective minorities, which was published on 5 November 1937. So as to save time, I can point out that the German minorities were given those rights which are usual between civilized states in similar cases. May I also point out that this agreement does not contain anything which can be considered the sanctioning of any wrong previously committed in this field, a point of view which was recently presented by the Prosecution.

So as to remove the difficulties between the Free City of Danzig and the Polish Government which had arisen with regard to minorities and economic matters, an agreement was reached on 5 August 1933, which is Document Ribbentrop-127 and found on Page 270 of the document book. May I request the Tribunal to take judicial notice of this document, too?

Since, in spite of these treaty agreements on the question of minorities and the problem of the Free City of Danzig, difficulties between the two nations continued to arise, Hitler gave the order to the Defendant Ribbentrop, after the solution of the Sudeten-German question in October 1938, to commence negotiations regarding the Danzig and Corridor questions as well as the question of minorities. For this reason the then Polish Foreign Minister, Colonel Beck, was invited to come to Berchtesgaden. The discussions which took place on that occasion between Hitler and the Polish Foreign Minister are contained in Document Ribbentrop-149, on Page 301 of Ribbentrop Document Book Number 5. May I quote from Page 2 of the document to explain what the main features of this conference were? On Page 6, it says:

“For Germany there was not only the Memel question, which would
be settled in a manner consonant with German views—for it
looked as if the Lithuanians would be willing to co-operate in
finding a reasonable solution—but within the direct
German-Polish relationship there was also the problem of Danzig
and the Corridor to be solved, which, from the point of view of
sentiment, was very serious for Germany.”

On Page 3 of the same document, last line of the next to the last paragraph, it says Foreign Minister Beck promised that “he would, however, be glad to give calm consideration to the problem.”

With that Germany considered that negotiations regarding this problem had begun.

On 24 January, that is to say the following day, the then Reich Foreign Minister Von Ribbentrop had another discussion with the Polish Foreign Minister Beck during which the question of minorities was once more touched on. That discussion is contained in Document Ribbentrop-150, on Page 304. I ask the Tribunal to take judicial notice of this document.

By invitation of the then Foreign Minister Beck, Reich Foreign Minister Von Ribbentrop went to Warsaw on 24 January 1939. Once more the entire problem was discussed there.

On 21 March, after the Czech question had been settled, a reorganization in the East became necessary. The then Reich Foreign Minister Von Ribbentrop, therefore, asked the Polish Ambassador on 21 March 1939 to come to visit him. The account of that conference is contained in Document Ribbentrop-154, on Page 310 of the document book. May I quote the third paragraph, Page 2, which is the leading point regarding that conference:

“Generally, the decision on the Corridor was considered the
heaviest burden put on Germany by the Versailles Treaty.”

A few lines later the Reich Foreign Minister Von Ribbentrop explained:

“A prerequisite for this was, however, that the purely German
city of Danzig should return to the Reich, and that an
extraterritorial motor road and railway connection be
established between the Reich and East Prussia.

“He promised that Germany would in exchange guarantee the
Corridor.

“Ambassador Lipski promised to inform M. Beck accordingly and
then to give an answer.”

May I ask the Tribunal to take judicial notice of this document as well?

Although the German Government at that time expected that on the strength of these discussions the question of the minorities and the question of Danzig and the Corridor would find some solution, these discussions had the opposite effect.

It appears from Document Ribbentrop-155, on Page 313, and Document Ribbentrop-156, on Page 314 of the document book, that Poland at that time ordered partial mobilization. That partial mobilization could have been directed only against Germany.

Moreover, the settling of the Czechoslovakian question on 15 March 1939 had led to a change of attitude on the part of Britain. The then Prime Minister, Chamberlain, under pressure from the opposition, had opened consultations with various European states. As evidence of this fact, I refer to Document Ribbentrop 159, which is Page 317 of the document book. This is a conversation of the Reich Minister for Foreign Affairs, Von Ribbentrop, with the Polish Ambassador, Lipski, in Berlin on 26 March 1939. May I quote the beginning, which is as follows:

“On 21 March the British Government proposed first in Warsaw, as
well as in Paris and Moscow, that a ‘formal declaration’ by the
British, French, Russian, and Polish Governments shall be made.”

I shall then skip a few lines and quote further as follows—Line 7 from bottom:

“The Polish Government, which ordered partial mobilization on 23
March, was in no way satisfied with this British proposal for
negotiations but rather demanded far more concrete commitments
from England on behalf of Poland. Therefore, also on 23 March,
Foreign Minister Beck instructed the Polish Ambassador in
London, Count Edward Raczynski, to submit to the British
Government the following proposal for an Anglo-Polish union:

“‘Referring to the English proposal’”—it says further on—“‘of
21 March, I request you to ask Lord Halifax if: (1) In view of
the difficulties and the unavoidable complications and ensuing
loss of time...’”

MR. DODD: If Your Honor pleases, I see no reason—if I may say so with greatest respect—for reading any part of any of these documents. They are all in evidence, or will be, I assume. All that needs be done, it seems to us, is to give them numbers. I know that we read and commented at the time we put in the Prosecution’s case, but the compelling reasons for that system are not present now and cannot apply as far as these defendants are concerned.

THE PRESIDENT: Mr. Dodd, the Tribunal would like to know what the compelling reasons were that you were referring to.

MR. DODD: Yes, I shall be glad to. At that time it was physically impossible for the Prosecution to have its material all translated in the four languages, or the three languages in addition to the one in which the original was written. Now the defendants do have those facilities. Had we been able to have our papers all translated, we would have submitted them and we would not have commented; but the necessity for comment seemed very real to us, because we had to read everything that we wanted into the record over the speaking system, and if we read a lot of disjointed excerpts from documents we could not have presented any reason of evidence before this Tribunal. But I say that now the Defense can do so, it can submit the whole document, and later on, as I understand the rules and the Charter, Counsel will have an opportunity to argue and comment about it as evidence.

THE PRESIDENT: But you will remember that this matter was argued—I think it was a week or so ago. And if I remember rightly, Dr. Dix argued in favor of the defendants’ counsel being still entitled to read such passages as they wanted, and with short connecting remarks; and we adhered to that rule.

MR. DODD: I did not understand that Your Honors had already ruled. I remember Dr. Dix’s statement. One of his principal reasons was that he wanted an opportunity to make this information available to the press or the public. If that is still his reason, they are all available; the press can have them without having them read over this microphone. However, I won’t press the matter if the Court has already ruled.

THE PRESIDENT: I think so.

GENERAL R. A. RUDENKO (Chief Prosecutor for the U.S.S.R.): I would like to say a few words on the subject of Mr. Dodd’s proposal. I fully support...

THE PRESIDENT: General Rudenko, I just pointed out to Mr. Dodd that we have made a specific ruling upon this subject, and, in the opinion of the Tribunal, Dr. Horn has been performing his task with great discretion.

GEN. RUDENKO: I still would like to be permitted to make a few remarks in regard to Mr. Dodd’s proposal.

As the Tribunal will remember, just before the start of the questioning of the Defendant Keitel the Defense gave full documentation for Keitel, and the Tribunal looked into the matter of what document was to be accepted as evidence and what was to be declined...

THE PRESIDENT: General Rudenko, if you are repeating, you are repeating the very words I used to Dr. Horn when he began, and, as I say, in the opinion of the Tribunal Dr. Horn has met the views of the Tribunal and has made his reading of these documents reasonably short.

GEN. RUDENKO: I understand, Mr. President. I merely wanted to remark that the Soviet Prosecution consider that Dr. Horn’s comments are superfluous as the defendant has already given us too many comments on the subject.

THE PRESIDENT: Dr. Horn, I am sure you will continue to use every possible means of cutting it short as much as you can.

DR. HORN: I hope, Mr. President, that I have convinced the Tribunal that I will be as brief as possible and that I shall read as little as possible, only that which is necessary to make understandable why I am presenting the documents.

THE PRESIDENT: Shall we adjourn now?

[_A recess was taken._]

DR. HORN: I had last quoted some passages from Document Ribbentrop-159, Page 317 of the document book, and I wish to briefly summarize what these documents refer to.

This document contains the request from England to the Polish Government to formulate the consultation into a concrete agreement. This agreement was then in fact made, between 21 March and 26 March, between England and Poland.

Furthermore, and as a parallel to this, there is the coalition policy on the part of England which is proved by Documents Ribbentrop-182 to 186, on Pages 370 and following of Ribbentrop Document Book Number 5. As is shown in Document 182, the following states were concerned. I am quoting from Document 182, at the bottom of Page 6:

“The following countries are said to have been invited to
participate in the question of guarantees: Russia, Poland,
Turkey, and Yugoslavia. It is said to be definitely
established”—it says further—“that Hungary was not approached.
It was left up to Poland to approach Lithuania, Estonia, and
Latvia. The same is supposed to apply to Turkey with regard to
Greece.”

As evidence of this policy of coalition, I refer to Document Ribbentrop-185, Page 372 of the document book. This is a telegram from the German Chargé d’Affaires in London to the Foreign Office, and I should like briefly to quote a few passages from that. They read:

“The available news proves clearly that the plan for a
declaration pre-announced by telegram on the part of Britain can
actually be divided into two parts. The first part deals with
guarantees to Belgium, Holland, and Switzerland; the second part
aims to protect the Eastern countries against aggression. The
British Cabinet is said to have been informed by a military
spokesman that Romania, because of her oil wells, will
definitely have to be protected against German military
seizure.”

The same subject is dealt with in Document Ribbentrop-186. I ask the Tribunal to take judicial notice of it without my reading from it. And I also ask that Document Ribbentrop-183, which is on Page 375 of the document book, be taken judicial notice of; once more, so as to save time, I do not propose to read it.

Based on this policy of coalition on Britain’s part which was directed against Germany, the Treaty of Friendship and Alliance between Germany and Italy was concluded on 22 May 1939. I am submitting it as Document Ribbentrop-187, on Page 376 of the Ribbentrop document book. I request the Tribunal to take judicial notice of it without my reading it.

The result of the guarantee given by England to Poland was that Ambassador Lipski, on 26 March 1939, on the occasion of a conference with the Reich Foreign Minister Von Ribbentrop, declared—and I am here referring to Document Ribbentrop-162, and quoting from the third paragraph:

“Mr. Lipski replied that it was his unpleasant duty to point out
that any further pursuance of these German plans, particularly
regarding a return of Danzig to the Reich, would mean a war with
Poland.”

I ask the Tribunal to take judicial notice of this document. The same applies to the previous document, Document Ribbentrop-160, on Page 320 of the document book, which refers to the consultations between Britain and the governments previously mentioned.

On the strength of the declaration of Lipski which I have just read—namely, that further pursuance of an attempt to alter the _status quo_ regarding the Corridor and Danzig would mean war—the Reich Foreign Minister declared to the Polish Ambassador on 27 March 1939—I again quote from Document Ribbentrop-163, on Page 335 of the document book—that this attitude of Poland could not be the basis for a settlement of these questions so far as Germany was concerned. The corresponding passage is the next to the last paragraph on Page 2 of this document, where it says:

“In conclusion, the Foreign Minister remarked that he no longer
knew what to make of the attitude of the Polish Government. They
had given a negative answer to the generous proposals which
Germany had made to Poland. The Foreign Minister could not
regard the proposal, submitted yesterday by the Polish
Ambassador, as a basis for the settlement of the problems. The
relations between the two countries were, therefore, more and
more strained.”

I ask the Tribunal to take judicial notice of this document.

So as to prove that the Anglo-Polish Pact for Mutual Assistance was clearly aimed against Germany, I submit to the Tribunal as evidence Document Ribbentrop-164, which is on Page 338 of the document book. I quote the last two lines, where it says:

“...that the pact applied only in the case of an attack by
Germany. The Polish Government affirms that this is so.”

I ask the Tribunal to take judicial notice of the document.

The result of the Anglo-Polish agreement of 6 April 1939, which has been submitted by the Prosecution as Document Number TC-72, and which appears on Page 337 of my document book, was the termination of the Polish-German agreement of 26 January 1934, since Germany was convinced that the Anglo-Polish guarantee declaration was contrary to the spirit of this agreement.

Subsequently there were a number of excesses against the German minorities in Poland. The documents referring to this are contained in my document book under Documents Ribbentrop-165 to 181. I am asking the Tribunal to take judicial notice of these numbers, and to save time I shall limit myself to very short quotations.

I refer to Document Ribbentrop-166, which states that serious incidents occurred in Pommerellen, Njevo, and Bromberg.

I also refer to Document Ribbentrop-167, on Page 353 of the document book. This document shows that in the last days there was a public declaration in Warsaw which openly appealed for a boycott of German trade and handicraft.

Furthermore, as evidence for my statement, may I refer to Document Ribbentrop-180, which is on Page 368 of the Ribbentrop document book. May I read this brief report, which I quote as follows:

“During the last few months the German Foreign Office has
continuously received reports from the German Consulate in
Poland about the cruel treatment to which racial Germans are
subjected by the Poles, who have been more and more stirred up
and have abandoned themselves to unbridled fanaticism. In
Appendix 38 especially grave cases have been collected.”

From Document Ribbentrop-181, on Page 369 of the document book, it appears that these clashes, as a matter of fact, took place with the knowledge and under the protection of Polish statesmen and high officials. As evidence for this, I refer to Document Ribbentrop-181, but for reasons of time I am not going to read from it, but ask the Tribunal to take judicial notice of it.

At the beginning of August 1939 an acute crisis developed in German-Polish relations. As evidence of this I present Document Ribbentrop-188, on Page 381 of my document book. The cause was actually a small one. There was dispute regarding the functions of the customs officials on the Danzig frontier. Because of this dispute, the diplomatic representative of the Polish Republic in Danzig made a protest to the President of the Senate of the Free City of Danzig. This protest is contained in Document Ribbentrop-188. It contained an ultimatum, which becomes clear from Paragraph 3 of the document.

On 7 August the then President of the Free City of Danzig replied to this as appears in Document Ribbentrop-189. I ask the Tribunal to take judicial notice of this document also.

In Document Ribbentrop-190, on Page 383, the Reich Government warns Poland not to deliver any ultimatum. I ask the Tribunal to take judicial notice of this document, and I do not propose to read from it.

The next document I am presenting is Document Ribbentrop-192, which is on Page 385 of the document book. This is a document from the Under State Secretary at the Polish Foreign Ministry to the German Chargé d’Affaires in Warsaw, and it is dated 10 August 1939. It appears from the last two lines of the document that Poland would consider any intervention of the Reich Government to the detriment of Danzig’s rights an aggressive act.

These notes created an even more critical situation in German-Polish relations. The Reich Government and their departments attempted, in the time that followed, to avoid a threatening conflict. As evidence of this I submit Document Ribbentrop-193, which is on Page 404 of the document book; and I ask the Tribunal to take judicial notice of it.

This is a memorandum of the State Secretary of the Foreign Office regarding—it is in Ribbentrop Document Book 6, Page 404—this is a memorandum regarding a visit of the French Ambassador to the State Secretary of the Foreign Office, Weizsäcker. During that conversation the then State Secretary, Weizsäcker, emphasized that Germany had no more urgent wish than German-Polish agreement regarding Danzig. The French Ambassador assured him that his Government would co-operate in these attempts.

I ask the Tribunal to take judicial notice of this document, Document Ribbentrop-193, and the next document, Number 194, on Page 406 of the document book.

The last document concerns the discussion between the State Secretary and the British Ambassador, Sir Nevile Henderson, during which the German State Secretary pointed out the seriousness of the situation.

I read from Page 1 of the document, the third paragraph, fifth line, the following sentence which characterizes the situation:

“Danzig was only protecting itself against its protector.”

Apart from that, the State Secretary pointed out that the situation regarding Danzig had now reached extreme tension.

The next document I refer to is Document Ribbentrop-195, on Pages 408 to 415 of the document book. This document refers to a conference between Hitler and Ambassador Henderson on 23 August 1939. This conference is contained in Document Ribbentrop-199, on Page 422 of the Ribbentrop document book. I also ask the Tribunal to take judicial notice of this document, and, so as to clarify the content of that conference briefly, I am going to refer to Page 4 of the document, where it says:

“He once more drew attention to the Danzig and Polish question
in connection with which England’s attitude was, ‘Better war
than something to Germany’s advantage.’”

The second paragraph after that reads:

“The Führer stated that the fact that England opposed Germany in
the Danzig question had deeply shaken the German people.

“Henderson then stated that one was merely opposing the
principle of force, whereupon the Führer wanted to know whether
England had ever found a solution by negotiation for any of the
idiocies of Versailles.

“The Ambassador had no reply to this, and the Führer then stated
that, according to a German saying, it took two to make a
friendship.”

Because of the tense relations the late Prime Minister Chamberlain, on 22 August 1939, wrote a letter directly to Hitler. This letter is Document Ribbentrop-200, on Page 426 of the document book. I ask the Tribunal to take judicial notice of this document also.

The next document is Document Ribbentrop-201, and it contains Hitler’s reply to the British Prime Minister Chamberlain.

On 25 August 1939 there was yet another meeting between Hitler and Ambassador Sir Nevile Henderson. That meeting is contained in Document Ribbentrop-202, which is on Page 431 of the Ribbentrop document book. May I refer to Paragraph 5, where Hitler emphasized once more that, “The problem of Danzig and the Corridor would have to be solved.” On the following page, in Paragraph 3 on Page 2, Hitler says:

“But after the solution of this problem he is prepared and
determined to approach England with a major, all-inclusive
proposal.”

This offer is contained in detail in the same Document Number 202.

Henderson made an entry regarding this discussion in his diary, which is Exhibit Ribbentrop-195, and on Page 415 he refers to this last-mentioned meeting of 25 August 1939:

“My interview with Hitler”—says Henderson—“at which Herr Von
Ribbentrop and Dr. Schmidt were also present, lasted over an
hour on this occasion. The Chancellor spoke with calm and
apparent sincerity. He described his proposals as a last effort
for conscience’s sake to secure good relations with Great
Britain and suggested that I should fly to London myself with
them.”

Under Number 8, on the same page, 415, Henderson continues to say:

“Whatever may have been the underlying motive of this final
gesture on the part of the Chancellor, it was one which could
not be ignored...”

The next document, which gives in detail the course of events and the crisis which led up to the outbreak of war, is Document Ribbentrop-208, on Page 451 of the document book. To the extent that I do not read from it, I ask the Tribunal to take judicial notice of the entire document.

The first extract from this document, which is a telegram from Lord Halifax to Sir Kennard in Warsaw, states the following, and I quote:

“Our proposed reply to Herr Hitler draws a clear distinction
between the method of reaching agreement on German-Polish
differences and the nature of the solution to be arrived at. As
to the method, we wish to express our clear view that direct
discussion on equal terms between the parties is the proper
means.”

This request for direct negotiations is an essential part of the events which followed.

Under Number 5 of the same document, on Page 452 of the document book, it states as follows:

“As the Polish Government appear in their reply to President
Roosevelt to accept the idea of direct negotiations, His
Majesty’s Government earnestly hope that, in the light of the
considerations set forth in the foregoing paragraph, the Polish
Government will authorize them to inform the German Government
that Poland is ready to enter at once into direct discussions
with Germany.”

In the following document, which has the same number and is on the same page, is a telegram from Sir Nevile Henderson to Lord Halifax, which was dispatched on 29 August 1939. Great Britain’s role as mediator is once more clarified. It says under Number 3 of this document:

“Note observes that German proposals have never had for their
object any diminution of Polish vital interests, and declares
that the German Government accepts mediation of Great Britain
with a view to visit to Berlin of some Polish plenipotentiary.
German Government, note adds, counts on arrival of such
plenipotentiary tomorrow, Wednesday, 30th August.

“I remarked that this phrase sounded like an ultimatum, but,
after some heated remarks, both Herr Hitler and Herr Von
Ribbentrop assured me that it was only intended to stress
urgency of the moment when the two fully mobilized armies were
standing face to face.”

These proposals, which I have previously submitted in a special exhibit, had the following reaction in Great Britain—I read from Page 453 of Ribbentrop’s document book. It is a telegram from Lord Halifax to Sir Nevile Henderson of 30 August 1939. It says:

“We shall give careful consideration to German Government’s
reply, but it is, of course, unreasonable to expect that we can
produce a Polish representative in Berlin today, and German
Government must not expect this.”

In the meantime the situation had become so serious that Sir Nevile Henderson did not consider that a success of Britain’s action would be possible. This is shown in the same document on Page 454. This is a telegram from Sir Nevile Henderson to Lord Halifax. I am reading only a short quotation, to save time, from Point 3 of the telegram:

“While I still recommend that the Polish Government should
swallow this eleventh-hour effort to establish direct contact
with Herr Hitler, even if it be only to convince the world that
they were prepared to make their own sacrifices for preservation
of peace....”

The Polish Government was, nevertheless, not willing to enter into direct negotiations. This can be seen from the same document on Page 455, from which I will read only the first three lines. It is a telegram from the British Ambassador in Warsaw to Lord Halifax, and it states:

“I feel sure that it would be impossible to induce the Polish
Government to send M. Beck or any other representative
immediately to Berlin....”

In the same telegram the British Ambassador emphasizes, under Number 4, and I quote:

“I am, of course, expressing no views to the Polish Government,
nor am I communicating to them Herr Hitler’s reply until I
receive instructions, which I trust will be without delay.”

Through the failure to pass on the German Government’s proposals to the Polish Government, direct negotiations were frustrated. As evidence of the fact that the Polish Government, too, had no intention of entering into such direct negotiations, I refer to Page 465 of the same document, which is a telegram from Lord Halifax to Sir Kennard in Warsaw. Once more he is asking the Ambassador to invite the Polish Government to enter into direct negotiations. I will not quote from this document, but I will quote from the next document, Page 466, which is an extract from the British _Blue Book_, and which refers to the Polish reaction. It is a telegram from Sir Kennard to Lord Halifax, 31 August 1939.

I am going to read the first three paragraphs of this document. From these paragraphs it becomes clear what the Polish attitude was regarding the possibility of direct negotiations. I quote:

“M. Beck has just handed me in writing the Polish reply to my
_démarche_ last night.”

The second paragraph states:

“I asked M. Beck what steps he proposed to take in order to
establish contact with the German Government. He replied that he
would instruct M. Lipski to seek an interview with the Minister
for Foreign Affairs or State Secretary in order to say Poland
had accepted British proposals. I urged him to do this without
delay.

“I then asked him what attitude the Polish Ambassador would
adopt if Herr Von Ribbentrop, or whomever he saw, handed him the
German proposals. He said that M. Lipski would not be authorized
to accept such a document as, in view of past experience, it
might be accompanied by some sort of ultimatum.”

This extract from the British _Blue Book_ proves that, as far as Poland was concerned, all possibilities of clarifying the question of Danzig or the minorities were refused. In this manner it was no longer possible for the German Government or the British Government to discuss this question with Poland any further. As evidence for further efforts, I submit to the Tribunal Document Ribbentrop-209, on Page 494, of which I ask the Tribunal to take judicial notice. I will not quote from it, or from Document Ribbentrop-210, which I also offer to the Tribunal for judicial notice.

The next document is Document Ribbentrop-213, which is on Page 504-b of my document book. This last document is an official German report regarding the subject and basis of negotiations during the time of the Polish-German crisis.

Since Poland was unable to discuss these questions of Danzig or the Corridor with Germany, a war arose between these two countries. In my final defense speech, I shall discuss specifically the legal aspect of this war and its nature in respect to international law. What I want to state today is that the lack of any effective international institution for the alteration of the insufferable _status quo_ was the final reason which led to the outbreak of war in 1939.

The next group of documents which I am submitting to the Tribunal are those which refer to the occupation of Denmark and Norway by Germany. These are the Documents Ribbentrop-216(a)—on Page 509 of the document book—216(b), and 217. I ask the Tribunal to take judicial notice of these documents, and, as far as evidence and the actual events are concerned, I refer to the documents and statements which my colleague, Dr. Siemers, will submit to the Tribunal when he speaks on behalf of Raeder.

The next group of documents are those which refer to the occupation of Holland and Belgium. They are Documents Number 218 and the following, on Page 518 of the document book. The documents are contained in Document Book Number 7. So as to explain the German viewpoint, I quote from Document Ribbentrop-218 Page 518 in Document Book Number 7. I am going to quote the following brief passages, Paragraph 2:

“As the Reich Government has long been aware, the true aim of
England and France is the carefully prepared and now immediately
imminent attack on Germany in the West, so as to advance through
Belgium and Holland to the region of the Ruhr. Germany has
recognized and respected the inviolability of Belgium and
Holland, it being a natural prerequisite that these two
countries, in the event of a war between Germany and England and
France, maintain the strictest neutrality.

“Belgium and the Netherlands have not fulfilled this condition.”

On Page 2 in the same document, under Number 8, reference is made to the evidence which was known to the German Government at the time and which I will submit in due course in support of the assertion just made. It says:

“Documents at the disposal of the German Government prove that
preparations by Britain and France on Belgian and Netherlands
territory are already far advanced.

“Thus, for some time, all obstacles on the Belgian border toward
France which might hinder the entry of the English and French
invasion army have been secretly removed. Air fields in Belgium
and the Netherlands have been reconnoitered by English and
French officers, and their enlargement has been ordered. Belgium
has made transport facilities available at the frontier, and
recently advance parties of staff personnel and units of the
French and English Army have arrived in various parts of Belgium
and the Netherlands. These facts, together with further
information which has accumulated in the last few days, furnish
conclusive proof that the English and French attack against
Germany is imminent and that this thrust will be directed
against the Ruhr through Belgium and the Netherlands.”

As proof of these statements I refer to Documents Ribbentrop-221 through 229, which I submit to the Tribunal for judicial notice. They are the Anglo-French plans in preparation for violation of Holland’s and Belgium’s neutrality in agreement with these countries.

THE PRESIDENT: Dr. Horn, the Tribunal has to adjourn at 5 o’clock into a closed session. They hope very much that you will conclude your examination of these documents by then.

DR. HORN: Very well, Mr. President. So as to save time, I shall only state briefly what these documents are. Document Ribbentrop-221 is the proof of an intended intervention in Belgium. This is a report from the military attaché at the French Embassy in London, General Lelong, addressed to the Chief of the French General Staff for National Defense. I am going to quote a very brief passage from it which says:

“Intervention in Belgium.

“The British Delegation readily recognized how uncertain the
conditions are for eventual intervention in Belgium. It was
proposed that we, in order to prevent a battle of junction on
the Belgian flatlands, must plan to organize our defenses at
least along the Schelde, or preferably, along the Albert Canal.
By request of the British Delegation, the following points have
been considered:

“(1) The possibility of intervention along the line
Antwerp-Brussels-Namur, assuming that it were possible to
organize such a position in good time.

“(2) The importance of holding the Belgian and Dutch territory
as a base for a resumption of the offensive against Germany.”

Again, to save time, I shall not refer to any other documents in connection with this group. I merely ask the Tribunal that Document Ribbentrop-219, on Page 521 of the document book, which is a memorandum of the German Government to the Luxembourg Government, of 9 May 1940, and Document Ribbentrop-220, should be taken judicial notice of, so that I can refer to them when I present my case. Furthermore, I ask the Tribunal to take judicial notice of the Documents Number 230, 230(a), 231, 231(a), 232, 233, 234, 235, 236, 237, 239, 240, 241, 242, 243, 244, and 245, which, again are documents which originate from the French General Staff and are clear proof that on the part of Britain and France, before 9 May 1940, detailed plans for military co-operation had been prepared, and that British and American advance parties were already on Belgian and Dutch territory before German troops crossed the border. That is the end of this particular group.

I now come to those documents which I intend to submit to the Tribunal with reference to the occupation of Yugoslavia and Greece. These are Documents Ribbentrop-272 and the following, Pages 604 and the following, of the document book. Here again, we are concerned with documents which partly come from the files of the French General Staff. The first document of the type is Document Ribbentrop-272, which is a note from the German Government to the Yugoslav Government, dated March 1941. This is concerned with the joining of the Three Power Pact by Yugoslavia. This document shows that Germany and the Axis Powers did not intend to put demands to Yugoslavia during the war at all, least of all with reference to the march of troops through Yugoslav territory. Documents Ribbentrop-273 and 274 contain the minutes of Yugoslavia’s entry into the Three Power Pact on 25 March 1941, and connected with it is a note from the Reich Government to the Yugoslav Government. With Document Ribbentrop-277 I submit to the Tribunal a note from the Reich Government to the Greek Government, which was handed to that Government after Greek territory had been occupied by British troops. From Page 3 I quote the following sentence:

“During recent days, Greece had become an operational territory
for British forces.”

Under Document Ribbentrop-278, I submit to the Tribunal an official statement from the Reich Government, dated 6 April 1941, which is addressed to both Yugoslavia and Greece. In this note the reasons are stated which, after the Simovic revolt, led to military action by Germany in Yugoslavia. These reasons can be found on Page 4 of this document. As evidence that the statements contained therein are true, I am referring to the so-called “Charité Files” which are the files of the French General Staff.

This completes the group of documents with reference to Yugoslavia and Greece, but I should like to add that once again I will rely on further evidence which will be submitted by my colleague, Dr. Siemers, for the Defendant Raeder, and which also refers to the German action against Greece.

The next group of documents refer to Russia. They are the ones in Documents Ribbentrop-279 and the following, which can be found on Pages 619 and the following of the document book. I ask the Tribunal to take judicial notice of Numbers 279, 280, 282, 283, and 284. During the presentation of my argument I shall refer to these documents further.

The next and last group of documents are those which refer to the accusation against the Defendant Ribbentrop regarding the Anti-Comintern Pact and his policy in connection with Japan and the U.S.A.

The first document of this type is Document Ribbentrop-291, on Page 652 of the document book. This document contains the text of the Anti-Comintern Pact. Document Ribbentrop-281 refers to the extension of the Anti-Comintern Pact, the Three Power Pact of 27 September 1940. I submit these documents to the Tribunal as proof of the fact that Ribbentrop and the Reich Government made efforts, by means of this policy, to keep the United States out of the war. In spite of this policy, an active support of our opponents by the United States took place. As proof of this, I refer to the documents in Document Ribbentrop-306 and Document Ribbentrop-308, on Pages 700 and 702 and following of the document book. These documents are the last I am submitting to the Tribunal with reference to the policy of Germany during the years when the Defendant Von Ribbentrop was Foreign Minister. Finally I refer briefly to Document Ribbentrop-313. That is an affidavit from the Legation Counsellor, Bernd Gottfriedsen. This affidavit actually has nothing to do with the aggressive war, but it refers to questions which have been brought up by the Prosecution in connection with the case of Ribbentrop, and this affidavit contains statements regarding the real estate property of the Defendant Ribbentrop and regarding his ownership of art works.

May I point out that Legation Counsellor Gottfriedsen, as he has stated in the affidavit, handled the financial affairs of the Foreign Office and particularly those of the Foreign Minister. I will quote a brief passage in connection therewith from question Number 5:

“Question: ‘What is the situation with regard to Von
Ribbentrop’s art possessions?’

“Answer:”—by Legation Counsellor Gottfriedsen—“‘Herr Von
Ribbentrop was a wealthy man before he entered diplomatic life.
During the time of his activities in the above-mentioned
department he acquired some paintings, for the most part on the
art market in Germany itself. Every one of these paintings was
acquired properly and, above all, at correct prices, and of
course paid for out of the private funds of the Reich Foreign
Minister.

“‘During the time he was Foreign Minister, Herr Von Ribbentrop
acquired art objects abroad for purposes of furnishing the
Foreign Office and German missions in foreign countries, which
became state property and were used accordingly. All these art
objects were catalogued and carried in the books as inventory.
No foreign art objects were acquired illegally, that is by
pressure, _et cetera_. Herr Von Ribbentrop’s private art
objects, too, were catalogued, and the objects themselves marked
distinctly by me.’”

I now skip one paragraph and read the end of the statement which says:

“‘During the war he did not acquire any art objects illegally
from any of the territories occupied by German troops, be it for
his own private use or for the Foreign Office of the Reich.’”

I should like to add that Legation Counsellor Gottfriedsen knew thoroughly the private property affairs of the Defendant Von Ribbentrop, and had annually made a survey of them together with a certified accountant for the purpose of taxes and inventory.

Finally, I should like to quote a paragraph from the affidavit which is Document Ribbentrop-317, and which is in the document book on Page 749. This is an affidavit from Frau Von Ribbentrop given before a notary in Nuremberg. It refers to accusations raised by the Prosecution in connection with the Russian policy pursued by Ribbentrop. I am quoting, as follows:

“In 1940 we had a very inadequate air-raid shelter in the
Foreign Office (official residence). During air raids,
therefore, on the order of Adolf Hitler, we used the air-raid
shelter of the Reich Chancellery, since he considered it
important that my husband, in his capacity as Reich Foreign
Minister, and the documents of the Foreign Office should be safe
from air raids. I was at that time expecting my youngest child,
which was born on 19 December 1940, and can therefore clearly
remember an air-raid which took place shortly before this event,
which caused us to go to the air-raid shelter of the Reich
Chancellery. On this occasion Adolf Hitler was also present and
came into our room in the shelter. He, my husband, and I sat at
a table in this room. In the course of our stay my husband spoke
at length of his efforts to induce Russia to join the Tripartite
Pact. He developed the possibilities of such diplomatic action
and his ideas of how he imagined the conclusion of such a pact.
I remember clearly that Adolf Hitler closed the conversation
with the words, ‘Ribbentrop, why shouldn’t we be able to manage
that, when we have managed so many things?’

“My husband presented his ideas with great _élan_ and with great
impressiveness. After he had finished I noticed that Adolf
Hitler, who had received my husband’s statements without
pertinent remarks, seemed to be a little absent-minded, so that
I had the impression that my husband’s statements had not made
any convincing impression.”

I have offered this affidavit so as to prove that at that time Ribbentrop was still eager to avoid a conflict with Russia.

This ends the presentation of the documents on behalf of the Defendant Von Ribbentrop.

THE PRESIDENT: Sir David, could you inform us how far you have been able to get with Dr. Thoma in connection with his documents, that is, the Rosenberg documents?

SIR DAVID MAXWELL-FYFE: My Lord, the American delegation, the Soviet, and the French are dealing with Rosenberg.

THE PRESIDENT: Perhaps Mr. Dodd can tell us.

MR. DODD: Captain Krieger of our staff, Your Honor, has been in consultation with Dr. Thoma and will continue to be, in an effort to follow the procedures laid out by the Court.

THE PRESIDENT: Yes.

MR. DODD: While on that subject, if I may, I would like to inform the Court that we have concluded our conversations with Dr. Dix, and we are, I think it fair to say, at some differences. I think it would be necessary to have a hearing by the Court on these matters that we do not agree on. However, we have agreed to a considerable number of Schacht items.

THE PRESIDENT: Yes, but what I want to insure is that there shall be no delay at the end of Kaltenbrunner’s case with reference to Rosenberg’s case. And as I understand it, the documents in the Rosenberg case, which it has been suggested we might have to consider, are very numerous; and the sooner the Tribunal gets to them the better.

MR. DODD: We shall be available at all times to talk with Dr. Thoma and move right along—in the evening if he cares to do it.

THE PRESIDENT: It might possibly be desirable, it seems to me, to have the documents which have been translated presented to the Tribunal before the others; I mean to say not have them all together, because there are, no doubt, various volumes.

MR. DODD: There are three so far; I understand there will be more. But we will press it and continue to talk with Dr. Thoma, and just as soon as possible on the first book we will be prepared to come before the Court for a hearing.