VON NEURATH M. de VABRES Von Neurath is indicted under all Four Counts.
He is a professional diplomat was served as German Ambassador to Great Britain from 1930 to 1932. On June 2, 1932, he was appointed Minister of Foreign Affairs in the von Papen cabinet, a position which he held under the cabinets of von Schleicher and Hitler. Von Neurath resigned as Minister of Foreign Affairs on February 4, 1938, and was made Reich Minister without portfolio, President of the Secret Cabinet Council and a member of the Reich Defense Council. On March 18, 1939, he was appointed Reich Protector for Bohemia and Moravia, and served in this capacity until September 27, 1941. He held the formal rank of Obergruppenfuehrer in the SS. Hitler in connection with the withdrawal from the Disarmament Conference and the League of Nations on October 14, 1933; the institution of rearmament; the passage on March 16, 1935, of the law for universal military service; and the passage on May 21, 1935, of the secret Reich Defense Law. He was a key figure in the negotiation of the Naval Accord entered into between Germany and England on June 18, 1935. Von Neurath played an important part in Hitler's decision to reoccupy the Rhineland on March 7, 1936, and predicted that the occupation could be carried through without any reprisals from the French. On May 18, 1936, he told the American Ambassador to France that it was the policy of the German Government to do nothing in foreign affairs until "the Rhineland had been digested", and that as soon and the countries of central Europe realized that France as the fortfications in the Rhineland had been constructed could not enter Germany at will, "all those countries will begin to feel very differently about their foreign policies and a new constellation will develop."
November 5, 1937. He has testified that he was so shocked by Hitler's statements that he had a heart attack. Shortly thereafter, he offered to resign, and his resignation was accepted on February 4, 1938, at the same time that von Fritsch and von Blomberg were dismissed. Yet with knowledge of Hitler's aggressive plans he retained a formal relationship with the Nazi regime as Reichs Minister without Portfolio, President of the Secret Cabinet Council and a member of the Reichs Defense Council. He took charge of the Foreign Office at the time of the occupation of Austria, assured the British Ambassador that this had not been caused by a German ultimatum, and informed the Czechoslovakian Minister that Germany intended to abide by its arbitration convention with Czechoslovakia. Von Neurath participated in the last phase of the negotiations preceding the Munich Pact but contends that he entered these discussions only to urge Hitler to make every effort to settle the issues by peaceful means. and Moravia on March 18, 1939. Bohemia and Moravia were occupied by military force. Hachs's consent, obtained as it was by duress, cannot be considered as justifying the occupation. Hitler's decree of March 16, 1939, establishing the Protectorate, stated that this new territory should "belong henceforth to the territory of the German Reich", an assumption that the went on the theory that Bohemia and Moravia retained their Republic of Czechoslovakia no longer existed.
But it also sovereignty subject only to the interests of Germany as expressed by the protectorate. Therefore even if the doctrine of subjugation should be considered, to be applicable to territory occupied by aggressive action, the Tribunal does not believe that this Proclamation amounted to an incorporation which was sufficient to bring the doctrine into effect. The occupation of Bohemia and Moravia must therefore be considered a military occupation covered by the rules of warfare. Although Czechoslovakia was not a party to the Hague Convention of 1907, the rules of land warfare expressed in this Convention are declaratory of existing international law and hence are applicable. istration in Bohemia and Moravia similar to that in effect in Germany. The free press, political parties and trade unions were abolished. All groups which might serve as opposition were outlawed. Czechoslovakian industry was worked into the structure of German war production, and exploited for the German war effort. Nazi anti-Semitic policies and laws were also introduced. Jews were barred from leading positions in Government and business. warning against any acts of sabotage and stating that "the responsibility for all acts of sabotage is attributed not only to individual perpetrators but to the entire Czech population." When the war broke out on September 1, 1939, 8,000 prominent Czechs were arrested by the Security Police in Bohemia and Moravia and put into protective custody. Many of this group died in concentration camps as a result of mistreatment. held a series of demonstrations. As a result, on Hitler's orders, all universities of the demonstration shot by Security Police and SD.
Von were closed, 1200 students imprisoned, and the nine leaders Neurath testified that he was not informed of this action in advance, but it was announced by proclamation over his signature posted on placards throughout the Protectorate, which he claims, however, was done without his authority.
a memorandum which he had prepared dealing with the future of the Protectorate, and a memorandum with his approval prepared by Carl Herman Frank on the same subject. Both dealt with the question of Germanization and proposed that the majority of the Czechs might be assimilated racially into the German nation. Both advocated the elimination of the Czechoslovakian intelligentsia and other groups which might resist Germanization, von Neurath's by expulsion, Frank's by expulsion or "special treatment." the repressive measures was carried out by the Security Police and SD who were under the control of his State Secretary, Carl Herman Frank, who was appointed at the suggestion of Himmler and who, as a Higher SS and Police Leader, reported directly to Himmler. Von Neurath further argues that anti-Semitic measures and those resulting in economic exploitation were put into effect in the Protectorate as the result of policies decided upon in the Reich. However this may be, he served as the chief German official in the protectorate when the administration of this territory played a n important role in the wars of aggression which Germany was waging in the East knowing that War Crimes and Crimes against Humanity were being committed under his authority.
vene with the Security Police and SD for the release of many of the Czechoslovaks who were arrested on September 1, 1939, and for the release of students arrested later in the fall.
On September 23, 1941, he was summoned before Hitler and told that he was being not harsh enough and that Heydrich was being sent to the Protectorate to combat the Czechoslovakian resist groups. Von Neurath attempted to dissuade Hitler from sending Heydrich, but in vain, and when he was not successful offered to resign. When his resignation was not accepted he went on leave, on September 27, 1941, and refused to act as Protector after that date. His resignation was formally accepted in August 1943. all four counts.
Fritzsche is indicted on Counts One, Three and Four. He was best known as a radio commentator, discussing once a week the events of the day on his own program, "Hans Fritzsche Speaks."
He began broadcasting in September 1932; in the same year he was made the head of the Wireless News Service, a Reich Government agency. When on May 1, 1933, this agency was incorporated by the National Socialists into their Reich Ministry of Popular Enlightenment and Propaganda, Fritzsche became a member of the Nazi Party and went to that Ministry. In December 1938 he became head of the Home Press Division of the Ministry; in October 1942 he was promoted to the rank of Ministerial Director. After serving briefly on the Eastern Front in a propaganda company, he was, in November 1942, made head of the Radio Division of the Propaganda Ministry and Plenipotentiary for the Political Organization of the Greater German Radio. the German press of 2,300 daily newspapers. In pursuance of this function he held daily press conferences to deliver the directives of the Propaganda Ministry to these papers. He was, however, subordinate to Dietrich, the Reich Press Chief, who was in turn a subordinate of Goebbels. It was Dietrich who received the directives to the press of Goebbels and other Reich Ministers, and prepared them as instructions, which he then handed to Fritzsche for the press.
From time to time, the "Daily Paroles of the Reich Press Chief", as these instructions were labeled, directed the press to present to the Jewish problem, the problem of living space, or other the people certain themes, such as the leadership principle, standard Nazi ideas.
A vigorous propaganda campaign was carried out before each major act of aggression. While Fritzsche headed the Home Press Division, he instructed the press how the actions or wars against Bohemia and Moravia, Poland, Yugoslavia, and the Soviet Union should be dealt with. Fritzsche had no control of the formulation of these propaganda policies. He was merely a conduit to the press of the instructions handed him by Dietrich. In February 1939 and before the absorption of Bohemia and Moravia, for instance, he received Dietrich's order to bring to the attention of the press Slovakia's efforts for independence, and the anti-Germanic policies and politics of the existing Prague Government. This order to Dietrich originated in the Foreign Office. head in November 1942, was one of the twelve divisions of the Propaganda Ministry. In the beginning Dietrich and other heads of divisions exerted influence over the policies to be followed by Radio. Towards the end of the war, however, Fritzsche became the sole authority within the Ministry for radio activities. In this capacity he formulated and issued daily radio "paroles" to all Reich Propaganda Offices, according to the general political policies of the Nazi regime, subject to the directives of the Radio-Political Division of the Foreign Office, and the personal supervision of Goebbels. Ministry, was present at Goebbels' daily staff conferences. Here they were instructed in the news and propaganda policies of the day. After 1943 Fritzsche Goebbels and his State Secretaries were absent.
And even himself occasionally held these conferences, but only when then his only function was to transmit the Goebbels' directives relayed to him by telephone.
This is the summary of Fritzsche's positions and influence in the Third Reich. Fuehrer did he achieve sufficient stature to attend the planning conferences which led to aggressive war; indeed according to his own uncontradicted testimony he never even had a conversation with Hitler. Nor is there any showing that he was informed of the decisions taken at these conferences. His activities cannot be said to be those which fall within the definition of the common plan to wage aggressive war as already set forth in this Judgment. and encouraged the commission of war crimes, by deliberately falsifying news to arouse in the German people those passions which led them to the commission of atrocities under Counts Three and Four. His position as official duties were not sufficiently important, however, to infer that he took part in originating or formulating propaganda campaigns. anti-Semitism on his part. He broadcast, for example, that the war had been caused by Jews and said their fate had turned out "as unpleasant as the Fuehrer predicted." But these speeches did not urge persecution or extermination of Jews. There is no evidence that he was aware of their extermination in the East. The evidence moreover shows that he twice attempted to have publication of the anti-Semtitic "Der Sturmer" suppressed, though unsuccessfully.
news, but it was not proved he knew it to be false. For example, he reported that no German U-Boat was in the vicinity of the "Athenia" when, it was sunk.
This information was untrue; but Fritzsche, having received it from the German Navy, had no reason to believe it was untrue. ments of a propagandistic nature in his broadcasts. But the Tribunal is not prepared to hold that they were intended to incite the German people to commit atrocities on conquered peoples, and he cannot be held to have been a participant in the crimes charged. His aim was rather to a rouse popular sentiment in support of Hitler and the German war effort. this Indictment, and directs that he shall be discharged by the Marshal when the Tribunal presently adjourns.
Bormann is indicted on Counts One, Three, and Four.
He joined the National Socialist Party in 1925, was a member of the Staff of the Supreme Command of the SA from 1928 to 1930, was in charge of the Aid Fund of the Party, and was Reichsleiter from 1933 to 1945. From 1933 to 1941 he was Chief of Staff in the Office of the Fuehrer's Deputy and, after the flight of Hess to England, became Head of the Party Chancellery on 12 May 1941. On 12 April 1943 he became Secretary to the Fuehrer. He was political and organizational head of the Volkssturm and a General in the SS.
Bormann, in the beginning a minor Nazi,/steadily rose to a position of power and, particularly in the closing days, of great influence over Hitler. He was active in the Party's rise to power and even more so in the consolidation of that power. He devoted much of his time to the persecution of the churches and of the Jews within Germany. Hitler's plans to prepare, initiate or wage aggressive wars. He attended none of the important conferences when Hitler revealed piece by piece these plans for aggression. Nor can knowledge be conclusively inferred from the positions he held. It was only when he became Head of the Party Chancellery in 1941, and later in 1943 secretary to the Fuehrer when he attended many of Hitler's conferences, that his positions gave him the necessary access. Under the view stated elsewhere which the Tribunal has taken of the conspiracy to wage aggressive war, there is not sufficient evidence to bring War Crimes and Crimes against Humanity Bormann within the scope of Count One.
held by Hess; by/decree of 24 January 1942 these powers were extended to give him control over all laws and directives issued by Hitler. He was thus responsible for laws and orders issued thereafter. On 1 December 1942, all Gaus became Reich Defense districts, and the Party Gauleiters responsible to Bormann were appointed Reich Defense Commissioners. In effect, this made them the administrators of the entire civilian war effort. This was so not only in Germany, but also in those territories which were incorporated into the Reich from the absorbed and conquered territories. of the subjected populace. His order of 12 August 1942 placed all party agencies at the disposal of Himmler's program for forced resettlement and denationalization of persons in the occupied countries. Three weeks after the invasion of Russia, he attended the conference of 16 July 1941 at Hitler's field quarters with Goering, Rosenberg and Keitel; Bormann's report shows that there were discussed and developed detailed plans of enslavement and annihilation of the population of these territories. And on 8 May 1942 he conferred with Hitler and Rosenberg on the forced resettlement of Dutch personnel in Latvia, the extermination program in Russia, and the economic exploitation of the Eastern Territories. He was interested in the confiscation of art and other properties in the East. His letter of 11 January 1944 called for the creation of a large-scale organization to withdraw commodities from the occupied territories for the bombed-out Bormann was extremely active in the persecution of the German populace.
Jews, not only in Germany but also in the absorbed and conquered countries. He took part in the discussions which led to the removal of 60,000 Jews from Vienna to Poland in cooperation with the SS and the Gestapo. He signed the decree of 31 May 1941 extending the Nurnberg Laws to the annexed Easter Territories. In an order of 9 October 1942 he declared that the permanent elimination of Jews in Greater German territory could no longer be solved by emigration, but only by applying 'ruthless force" in the special camps in the East. On 1 July 1943 he signed an ordinance withdrawing Jews from the protection of the law courts and placing them under the exclusive jurisdiction of Himmler's Gestapo.
Bormann was prominent in the slave labor program. The Party Leaders supervised slave labor matters in the respective Gaus, including employment, conditions of work, feeding and housing. By his circular of 5 May 1943 to the Leadership Corps, distributed down to the level of Ortsgruppenleiters, he issued directions regulating the treatment of foreign workers, pointing out they were subject to SS control on security problems, and ordered the previous mistreatment to cease. A report of 4 September 1942 relating to the transfer of 500,000 female domestic workers from the East to Germany showed that control was to ** exercised, by Sauckel, Himmler and Bormann. Sauckel by decree of 8 September directed the Kreisleiters to supervise the distribution and assignment of these female laborers. Leaders dealing with the treatment of prisoners of war. On 5 November 1941 he prohibited decent burials for Russian prisoners of war. On 25 November 1943 he war.
And on 13 September 1944 he ordered liaison between the Kreisleiters directed Gauleiters to report cases of lenient treatment of prisoners of with the camp commandants in determining the use to be made of prisoners of war for forced labour.
On 29 January 1943 he transmitted to his leaders OKW instructions allowing the use of firearms, and corporal punishment on recalcitrant prisoners of war, contrary to the Rules of Land Warfare. On 30 September 1944 he signed a decree taking from the OKW jurisdiction over prisoners of war and handing them over to Himmler and the SS.
Bormann is responsible for the lynching of Allied airmen. On 30 May 1944 he prohibited any police action or criminal proceedings against persons who had taken part in the lynching of Allied fliers. This was accompanied by a Goebbels' propaganda campaign inciting the German people to take action of this nature and the conference of 6 June 1944, where regulations for the application of lynching were discussed. refute this evidence. In the face these documents which bear Bormann's signature it is difficult to see how he could do so even were the defendant present. Counsel has argued that Bormann is dead and that the Tribunal should not avail itself of Article 12 of the Charter which gives it the right to take proceedings in absentia. But the evidence of death is not conclusive, and the Tribunal, as previously stated, determined to try him in absentia. If Bormann is not dead and is later apprehended, the Control Council for Germany may, under Article 29 of the Charter, consider any facts in mitigation, and alter or reduce his sentence, if deemed proper.
The Tribunal finds that Bormann is not guilty on Count One, but is guilty on Counts Three and Four.
THE PRESIDENT: Before pronouncing sentence on any of the defendants, and while all of the defendants are present, the Tribunal takes the occasion to advise them that any applications for clemency of the Control Council must be lodged with the General Secretary of this Tribunal within four days from today. three.
(A recess was taken until 1450 hours.)
(The Tribunal reconvened at 1450 hours.)
THE PRESIDENT: In accordance with Article 27 of the Charter, the International Military Tribunal will now pronounce the sentences on the defendants convicted on this indictment. which you have been convicted, the International Military Tribunal sentences you to death by hanging. been convicted, the Tribunal sentences you to imprisonment for life. which you have been convicted, the Tribunal sentences you to death by hanging. been convicted, the Tribunal sentences you to death by hanging. you have been convicted, the Tribunal sentences you to death by hanging. have been convicted, the Tribunal sentences you to death by hanging. been convicted, the Tribunal sentences you to death by hanging. been convicted, the Tribunal sentences you to death by hanging. been convicted, the Tribunal sentences you to death by hanging. have been convicted, the Tribunal sentences you to imprisonment for life. been convicted, the Tribunal sentences you to ten years imprisonment. have been convicted, the Tribunal sentences you to imprisonment for life. you have been convicted, the Tribunal sentences you to twenty years imprisonment.
Defendant Alfred Jodl, on the counts of the indictment on which you have have been convicted, the Tribunal sentences you to death by hanging.
been convicted, the Tribunal sentences you to death by hanging. you have been convicted, the Tribunal sentences you to death by hanging. been convicted, the Tribunal sentences you to twenty years' imprisonment. which you have been convicted, the Tribunal sentences you to fifteen years' imprisonment. the indictment on which he has been convicted, to death by hanging.
I have an announcement to make. The Soviet Member of the International Military Tribunal desires to record his dissent from the decisions in the cases of the Defendants Schacht, von Papen, and Fritzsche. He is of the opinion that they should have been convicted and not acquitted. General Staff and High Command, being of the opinion that they should have been declared to be criminal Organizations. Defendant Hess, and is of the opinion that the sentence should have been death, and not life imprisonment. judgment and will be published as soon as possible.
(The Tribunal adjourned.)
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I.M.T. Transcript DATE | PAGE REF.
| CONTENTS 20 Nov.
1 - 93 | 1 - 2 | Presidents opening statement | 2 - 93 | Reading of Indictment 24 President's ref.
to Kaltenbrunner 21-Nov.
94-178 94 Dr. Dix & Dr. Thoma 95-6 Adjournment re.
pleas 99-178 Justice Jackson's opening speech 22 Nov.
179-248 179 President's ruling re. Streicher & Bormann 180-186 Col.
Storey & Coogan Affidavit 187-211 Albrecht on Chart of NSDAP & Reichsregierung 212-248 Major Wallace:
Conspiracy 232 Dr. Dix on Doc.
Books procedure 23 Nov.
250-324 250 Dr. Nelte & Dr. Dix 251 Pres:
(I) No session on Saturday (II) Applications to be in writing (III) Prior delivery of books & briefs to be laid on.
252-3 Col. Storey formally offers US 1-20 & books A, B, C, F, G, H, I.
256-9 Major Wallace book D: Reshaping of Education; Training of Youth 259-268 " " " E: Propaganda & Censorship.
269 Dr. Seidl re. documents 271 Dr. Servatius " 272-308 Mr. Dodd Economic Preparations Book K. DATE PAGE REF.
CONTENTS 23 Nov.
309 - 319 Mr Alderman: Aggressive War 320 - 324 Dr. Dix re Document Books.
Dr. Siemers. 26 Nov. 325 - 396 325 - 326 Dr. Santer.
328 - 396 Mr. Alderman and his ten p in ups.
377 - 379 Dr. Stahmer objects to Aug 39 Obersalgberg speech.
380 President enquires about press releases and copies. Dr Dix. 27 Nov. 397 - 465 397 President on lettering of document books.
400 - 465 Mr Alderman: Document Book M. 1933-36 Preparation for Aggression.
428 Dr. Siemers re Raeder interrogation.
Dr. Siemers re above/m interrogation. 28 Nov. 466 - 538 466 - 538 Mr. Alderman: Document Book N. Austria.
469 - 473 Dr. Kubuschok re Massersmith Affidavit.
493 - 494 Dr. Krazbuchter re Massersmith Affidavit.
498 - 500 Dr. Laternser objection re Seuss Inquart letter 523 - 575 Dr. Laternser re Schusnigg Affidavit.
29 Nov. 539 - 595 539 - 591 Mr. Alderman: N. Austria.
549 - 550 Dr. Exner re Blomberg Directive.
592 - 595 Col. Storey on programme.
Mr. Dodd introduces Concentration Camp film.
(4802 DATE PAGE REF CONTENTS 596 - 600 Dr. Nelote re advance notice of programme, and Justice Jackson's reply.
615 - 656 Mr. Biddle questions labourer.
657 Gen. Hikitchenko questions labourer.
659 Dr. Dix cut short by recess.
DATE. | PAGE REF. | CONTENTS | | ----------------------------|--------------------|---------------------------------------------------------(19) 1 Dec.
688-732 | 688 | Tribunal says Hess fit to plead | 688 - 727 | Examination & cross examination | 688 - 689 | Examination by Mr. G.D. Roberts.
K.C.
| 689 - 690 | Cross examination on behalf of v. Papen | 690 - 710 | " " " " " Keitel | 710 - 712 | Kranzbuehler application re.
German transcript.
| 712 - 719 | Cross examination on behalf of v. Ribbentrop | 719 - 722 | " " " " " Goering 722 - 723 " " " " " Schacht 723 - 724 " " " " " Fritzche 724 - 725 " " " " " Kaltenbrunner 725 - 727 " " " " " S.A.& argument arising therefrom 731 - 752 a)Tribunal ruling that defendants may not cross-examine
b)Discussion re. recalling J. Lahousem for re-examination (20) 3 Dec.
733-772 733 - 734 programme for next week or two weeks.
(21)
3 Dec. 773-810 773 - 810 Czechoslovakia 797 Berger & Naujocks affidavits rejected (22) 4 Dec.
811-854 811 - 854 Attorney General's speech 840 - 854 Poland & Czechoslovakia (23) 4 Dec.
855-900 855 - 867 Poland, France & G.B.
868 - 871 Denmark & Norway (4804) -----------------------------------------------------------------------------------------------------(23)Cont.