attention of Hitler's physician and it supports the threat, which the made to the Czech delegation.
what to me, has always seemed one of the saddest chapters in him an history, the rape and destruction of the frail, little nation of Czechoslovakia.
SIR DAVID MAXWELL FYFE: May it please the Tribunal: Before I tender the evidence which I desire to place before the Tribunal, it might be convenient if I explained how the British case is to be divided up and who will present the different parts.
I shall deal with the general treaties. After that, my learned friend, Colonel Griffith Jones, Wail deal with Poland. Thirdly, Mr. Alvin Jones will deal with Norway and Denmark. Fourth, Mr. Roberts will deal with Belgium, Holland, and Luxembourg. Fifthly, Colonel Phillimore Wail deal with Greece and Yugoslavia. After that, my friend, Mr. Alderman, of the American delegation, will deal on behalf of both delegations with the aggression against the USSR and the USA.
May I also, with the Tribunal's permission, say one word about the arrangements that we have made as to documents. Each of the Defendants' Counsel will have a copy of the Document Book, of the different Document Books, in English. In fact, 30 copies of the first four of our Document Books have already been placed in the Defendants' Information Center. We hope that the last Document Book, dealing with Greece and Jugoslavia, will have the 30 copies placed there today.
In addition, the Defendants' Counsel have at least six copies in German of every document. general treaties, all the documents on this phase are in the Reichsgesetzblatt or Die Dokumente Der Deutschen Politik, of which ten copies have been made available to the Defendants' Counsel, so that with regard to the portion with which the Tribunal is immediately concerned, the Defendants' Counsel will have at least 16 copies in German of every document referred to.
available for the Tribunal, other copies if they so desire, but one is placed ready for the Tribunal if any member wishes to refer to a German text.
THE PRESIDENT: Were you supposed to call any oral witnesses?
SIR DAVID MAXWELL FYFE: No, My Lord, no oral witnesses. make three quotations to deal with a point which was mentioned in the speech of my learned friend, The Attorney General, yesterday. treaties and violated assurances, which the Tribunal has already heard, that Hitler and the Nazi Government did not even profess that it is necessary or desirable to keep the pledged word. Outwardly, however, the professions were very different. With regard to to ties, on the 18th of October, 1933, Hitler said, "Whatever we have signed we will fulfill to the best of our ability."
The Tribunal will note the reservation, "Whatever we have signed."
But, on the 21st of May 1935, Hitler said, "The German Government will scrupulously maintain every treaty accession to power and office."
On assurances Hitler was even more emphatic. In the same speech, that that meant of no obligation at all.
What he actually said was, "And when I now hear from the lips of a British statesman that such signature appended to collective pacts, I must ask Mr. Eden to be good reservations that one will reconsider one's attitude at the decisive opportunity one's adherence to a policy which serves the course of peace because it rejects anything which leads to war."
Nazis broke. The remainder of the 69 broken treaties shown on the German law, as I understand it.
The appearances of a treaty in the the 29th of July, 1899.
I ask that the Tribunal take judicial notice British document, TC-1. The German reference is to the Reichsgesetzblatt for 1901, No. 44, Sections 401 to 404, and 482 and 483.
The Tribunal will find the relevant charge in Appendix C Conventions are only the first gropings towards the rejection of the inevitability of war.
They do not rend the making of aggressive war as a crime, but their milder terms were as readily broken as the more severe agreements. signed a convention. Germany ratified the convention on 4 September 1900, Serbia on the 11 May, 1901, Greece on the 4 April, 1901. Powers and the Serb-Croat-Slovene State, signed at the St. Germaine-en-Laye on 10 September, 1919, the new Kingdom succeeded to all the old Serbian treaties, and later, as the Tribunal know, changed its name to Yugoslavia, to read the first two articles only.
Article 1: "With a view to obviating as far as possible recourse to force in the relations between states, the signatory powers agree to use their best efforts to insure the pacific settlement of International differences."
Article 2: "In case of serious disagreement or conflict, before an appeal to arms the signatory powers agree to have recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly powers."
After that the Convention deals with machinery, and I don't hink, subject to any wish of "the Tribunal, that it is necessary for me to deal with it in detail. International Disputes, signed at the Hague on the 18th of October, 1907. Again I ask the Tribunal to take judicial notice of this, and for convenience hand in as Exhibit GB-2 the final act of the conference at the Hague, which contains British documents TC-2, 3, and 4. The reference to this convention in German is to the Reichsgesetzblatt for 1910, Number 52, Sections 22 to 25, and the relevant charge is Charge 2.
effect as to 31 nations, 28 signatories, and three adherents. For our purpose it is in force as to the United States, Belgium, Czechoslovakia, Denmark, France, Germany, Luxembourg, Japan, Netherlands, Norway, and Poland, and Russia. between the contracting powers. As Greece and Yugoslavia are parties to the 1899 convention and not to the 1907, the 1899 Convention is in effect with regard to them, and that explains the division of countries in Appendix C. articles.
"1: With a view to obviating as far as possible recourse to force in the relations between States, the contracting powers agree to use their best efforts to insure the pacific settlement of international differences."
Then I don't think I need trouble to read 2. It is the same article as to mediation, and again there are a number of machinery provisions. hostilities, signed at the same time. It is contained in the exhibit which I put in. Again I ask that judicial notice be taken of it The British document is TC-3. The German reference is the Reichsgesetzblatt for 1910, Number 2, Sections 82 to 102, and the reference in Appendix C to Charge 3. the Netherlands, Luxembourg, and Russia. It relates to a procedural step in notifying one's prospective opponent before opening hostilities against him. It appears to have had its immediate origin in the Russo-Japanese war, 1904, when Japan attacked Russia without any previous warning. It will be noted that it does not fix any particular lapse of time between the giving of notice and the commencement of hostilities, but it does seek to maintain an absolutely minimum standard of International decency before th outbreak of war.
Again, if I might refer the Tribunal to the first article: "The contracting powers recognize that hostilities between them must not commence without a previous, and explicit warning in the form of either a declaration of war, giving reasons, or an ultimatum with a conditional declaration of war."
trouble the Tribunal with. duties of neutral powers and persons in case of war on land, signed at the same time. That is British Document TC-4, and the German reference is Reichsgesetzblatt 1910, Number 2, Sections 168 and 176. Reference in Appendix C is to Charge 4.
THE PRESIDENT: Is it necessary to give the German reference? If it is necessary for defendants' counsel, all right, but if not it needn't be done.
SID DAVID MAXWELL FIFE: If I may omit them it will save some time.
THE PRESIDENT: Yes.
SIR DAVID MAXWELL FIFE: If any of the defendants' counsel want any specific reference perhaps they will be good enough to ask me.
THE PRESIDENT: Yes.
SIR DAVID-MAXWELL FYFE: Germany was an original signatory to the Convention, and the treatty is in force as a result of ratification or adherence between Germany and Norway, Denmark, Belgium, Luxembourg, The Netherlands, the U.S.S.R., and the United States.
I call the attention of the Tribunal to the short content of Article 1: "The territory of neutral powers is inviolable."
A point does arise, however, on this Convention. I want to make this clear at once. Under Article 20 the provisions of the present Convention do not apply except between the contracting powers, and then only if all the belligerents are parties to the Convention. outbreak of the war between Germany and Poland, and one of these powers had not ratified the Convention, it is arguable that its provisions did not apply to the Second World War. argument on that point when there are so many more important treaties to be considered. Therefore, I do not press that as a charge of a breach of treaty. I merely call the attention of the Tribunal to the terms of Article 1 as showing the state of International opinion at that time and as an element in the aggressive character of the war which we are considering.
THE PRESIDENT: Perhaps this would be a good time to break off.
(Whereupon at 1245 hours the Tribunal adjourned until 1400 hours on the same day.)
Tribunal, in the matter of: The United States of
SIR DAVID MAXWELL-FYFE: As the Tribunal adjourned I had come to the fifth treaty, the treaty of peace between the allies and the associated powers of Germany, signed at Versailles the 28th of June, 1919. I again ask the Tribunal to take judicial recognizance of this treaty, and I again hand in for convenience Exhibit GB-3, which is a copy of the treaty, including British documents TC-5 to TC-10 inclusive. The reference in Appendix C is to Charge 5. briefly the lay-out of the treaty. Part II sets the boundaries of Germany in Europe. These boundaries are described in detail. contains the political clauses for Europe. In it, Germany guarantees certain territorial boundaries in Belgium, Luxembourg, Austria, Czechoslovakia, France, Poland, Memel, Danzig, etc. the interweaving of this treaty with the next, which is the treaty for the restoration of friendly relations between the United States and Germany. in the United States Treaty. Parts IV, V, VI, VIII, IX, X, XI, XII, XIV, and XV are all repeated verbatim in the United States Treaty from the Treaty of Versailles. naval, and air clauses. Parts VII and XIII are not included in the United States Treaty.
I don't think there is any reason to explain what the parts are, but if the Tribunal wishes to know about any specific part, I shall be very happy to explain it. contained in the British document TC-5, and which consists of Articles 42 to 44 dealing with the Rhineland. These are very short, and repeated in the Locarno Treaty. Perhaps I had better read them once, so that the Tribunal will have them in mind.
"Article 42: Germany is forbidden to maintain or construct any fortifications either on the left bank of the Rhine or on the right back to the west of a lire drawn 50 kilometers to the east of the Rhine.
"Article 43: In the area defined above the maintenance and the assembly of armed forces, either permanently or temporarily, and military maneuvers of any kind, as well as the upkeep of all permanent works for mobilization, are in the same way forbidden.
"Article 44: In case Germany violates in any manner whatever the provisions of Articles 42 and 43, she shall be regarded as committing a hostile act against the powers signatory of the present treaty and as calculated to disturb the peace of the world." Tribunal's attention to a document of which they can take judicial notice, as it has been published by the German State, the memorandum of March 7, 1936, giving their account of the breach. The matters regarding the breach have been dealt with by my friend Mr. Alderman, and I don't propose to go over the ground again. dealing with Austria:
"Article 80: Germany acknowledges and will respect strictly the independence of Austria within the frontiers which may be fixed in a treaty between that State and the principal allied and associated powers; she agrees that this independence shall be inalienable, except with the consent of the Council of the League of Nations."
Austria, the background of which has been dealt with by my friend Mr. Alderman, is attached as TC-47. I do not intend to read it because the Tribunal can again take judicial notice of the public proclamation.
"Germany renounces, in favor of the principal allied and associated powers, all rights and title over the territories included between the Baltic, the Northeastern frontier of East Prussia as defined in Article 28 of Part II, (Boundaries of Germany) of the present treaty, and the former frontier between Germany and Russia. Germany undertakes to accept the settlement made by principal allied and associated powers in regard to these territories, particularly insofar as concerns the nationality of inhabitants."
I don't think that the Tribunal has had any reference to the formal document of incorporation of Memel, which again the Tribunal can take judicial notice of; and I put in, for convenience, a copy as GB-4. It is British document TC-53A, and it appears in our book. It is very short, so perhaps the Tribunal will bear with me while I read it:
"The transfer Commissioner for the Memel territory, Gauleiter und Oberpresident Erich Koch, effected on 3 April, 1939, during a conference at Memel, the final incorporation of the late Memel territory into the National Socialist Party Gau of East Prussia and into the state administration of the East Prussian Regierungsbezirk of Grunbinnen.
Article 100, and I shall only read the first sentence, because the remainder consists of georgraphical boundaries:
"Germany renounces, in favor of the principal allied and associated powers, all rights and title over the territory comprised within the following limits", and then the limits are set out and are described in a German map attached to the Treaty. will formally prove the documents relating to the occupation of Danzig, and I shan't trouble the Tribunal with them now. 81, dealing with the Czechoslovak pledge." "Germany, in conformity with the action already taken by the allied and associated powers, recognizes the complete independence of the Czechoslovak State, which will include the autonomous territory of the Ruthenians to the South of the Carpathians. Germany hereby recognizes the frontiers of this State as determined by the principal allied and associated powers and other interested states."
Mr. Alderman has dealt with this matter only this morning, and he has already put in an exhibit giving in detail the conference between Hitler and President Hacha, and the Foreign Minister Chvalkowsky, at which the Defendants Goering and Keitel were present. Therefore, I am not going to put in to the Tribunal the British translation of the captured foreign office minutes, which occurs in TC-48; but I put it formally, as Mr. Alderman asked me to this morning, as GE-6, the document TC-49, which is the agreement signed by Hitler and the Defendant Ribbentrop for Germany, and Dr. Hacha and Dr. Chvalkowsky for Czechoslovakia. It is an agreement of which the Tribunal will take judicial notice.
I am afraid I can't quite remember whether Mr. Alderman read that this morning; it is document TC-49. He certainly referred to it.
THE PRESIDENT: No, he didn't read it.
SIR DAVID MAXWELL-FYFE: Then perhaps I might read it:
"Text of the Agreement between the Fuehrer and Reichs Cancellor Adolf Hitler and the President of the Czechoslovak State, Dr. Hacha.
"The Fuehrer and Reichs Chancellor today received in Berlin, at their own request, the President of the Czechoslovak State, Dr. Hacha, and the Czechoslovak Foreign Minister, Dr. Chwalkowsky, in the presence of Herr Von Ribbentrop, the Foreign Minister of the Reich. At this meeting the serious situation which had arisen within the previous territory of Czechoslovakia owing to the events of recent weeks, was subjected to a completely open examination. The conviction was unanimously expressed on both sides that the object of all their efforts must be to assure quiet, order and peace in this part of Central Europe. The Ptesident of the Czechoslovak State declared that, in order to serve this end and to reach a final pacification, he confidently placed the fate of the Czech people and of their country in the hands of the Fuehrer of the German Reich. The Fuehrer accepted this declaration and expressed his decision to assure to the Czech people, under the protection of the German Reich, the autonomous development of their national life.in accordance with their special characteristics. In witness whereof this document is signed in duplicate." any comments that has been done by Mr. Alderman. And I am not putting forward any of the documents I have read as having my support; they are merely put forward factually as part of the case. TC-50. That is Hitler's proclamation to the German people, dated the 15th March 1939. Again, I don't think that Mr. Alderman read that document.
THE PRESIDENT: No, he didn't read it.
SIR DAVID MAXWELL-FYFE: Then I shall read it.
"Proclamation of the Fuehrer to the German people, 15 March 1939.
"To the German People:
"Only a fewmonths ago Germany was compelled to protect her fellowcountrymen, living in well-defined settlements, against the unbearable Czechoslovakian terror regime; and during the last weeks the same thing has happened on an ever-increasing scale. This is bound to create an intolerable state of affairs within an area inhabited by citizens of so many nationalities.
"These national groups, to counteract the renewed attacks against their freedom and life, have now broken away from the Prague Government. Czechoslovakia has ceased to exist.
"Since Sunday at many places wild excesses have broken out, amongst the victims of which are again many Germans. Hourly the number of oppressed and persecuted people crying for help is increasing. From areas thickly populated by German-speaking inhabitants, which last autumn Czechoslovakia was allowed by German "Continuation of such a state of affairs would lead to the destruction "In order definitely to remove this menace to peace and to create the resolved to allow German troops to march into Bohemia and Moravia.
They them, and protect the lives of all who are menaced.
Thus they will lay practical needs of the German and Czech peoples".Signed:
Adolf Hitler, Berlin, 15 March, 1939.
ing out the German Reich Government's decision.
judicial notice of them. Their substance has been fully explained by Mr. Alderman.
With the permission of the Tribunal, I will not read them in Then again, as Mr. Alderman requested, I put in, as GB-9, British Document TC-52, the British protest.
If I might just read that to the Ambassador in Berlib:
"Foreign Office, March 17, 1939:
"Please inform German Government that His Majesty's Government desire "His Majesty's Government must also take this occasion to protest which are, in their view, devoid of any basis of legality."
And again at Mr. Alderman's request, I put in as GB-10 the Document third paragraph:
"The French Ambassador has the honor to inform the Minister for Foreign "The Government of the Republic consider, in fact, that in face of the "The French Ambassador has the honor to inform His Excellency, the situation created in Czechoslovakia by the action of the German Reich."
are contained in the British Document TC-10. As considerable discussion is centered around them, I read the introductory words:
"Part 5, Military, Naval and Air Clauses:
"In order to render possible the initiation of a general "Section 1. Military Clauses.
Effectives and Cadres of the German "Article 159.
The German military forces shall be demobilized and "Article 160.
By a date which must not be later than March 31, 1920, "After that date, the total number of effectives in the army of the and establishments of depots.
The army shall be devoted exclusively to the "The total effective strength of officers, including the personnel of "(2) Divisions and Army Corps headquarters staffs, shall be organized in accordance with Table Number 1 annexed to this Section.
The number and be exceeded."
"The maintenance or formation of forces differently grouped or of other "The great German General Staff and all similar organizations shall be dissolved and may not be reconstituted in any form."
I don't think I heed trouble the Tribunal with Article 161, which deals with administrative services. take place, and then we come to Chapter 2, dealing with armament, and that provides that up till the time at which Germany is admitted as a member of the League of Nations, the armaments shall not be greater than the amount fixed in Table Number 11. that after she has become a member of the League of Nations, the armaments fixed in the said table shall remain in force until they are modified by the Council of the League of Nations. Furthermore, she hereby agrees strictly to observe the decisions of the Council of the League on this subject.
Then, 165 deals with guns, machine guns etc. and 167 deals with notification of guns, and 168, the first part, says:
"The manufacture of arms, munitions or any war material shall only be carried out in factories or works, the location of which shall be communicated to and approved by the governments of the Principal Allied and Associated Powers, and the number of which they retain the right to restrict."
171 prohibits gas, and 172 provides for disclosure. Then 173, under the heading "Recruiting and Military Training", deals with one matter, the breach of which is of great importance:
"Universal compulsory military service shall be abolished in Germany. The German Army may only be reconstituted and recruited by means of voluntary enlistment." in order to prevent a quick rush through the army of men enlisted for a short time.
to the completeness and detail with which all these points are covered in Articles 174 to 179.
Then, passing on to TC-10, Article 180. That unites the prohibition of fortress works beyond a certain line and the Rhineland. The first sentence is:
"All fortified works, fortresses and field works situated in German territory to the west of a line drawn 50 kilometers to the east of the Rhine shall be disarmed and dismantled." the amounts. the pages are out of order. If the Tribunal will go on four pages, they will come to Article 181, and I'll just read that to show the way in which the naval limitations are imposed and refer briefly to the others.
Article 181 says:
"After a period of two months from the coming into force of the present Treaty the German naval forces in commission must not exceed: or an equal number of ships constructed to replace them as provided in Article 190.
"No submarines are to be included.
"All other warships, except where there is provision to the contrary in the present Treaty, must be placed in reserve or devoted to commercial purposes." up the mines and 183 limits the personnel to fifteen thousand, including officers and men of all grades and corps, and 184 deals with surface ships not in German ports, and the succeeding clauses deal with various details, and I pass at once to Article 191, which says: