"Please inform Deputy Kundt that Konrad Henlein requests to get into touch with the Slovaks at once and induce them to start their demands for autonomy. (Signed) Altenburg."
Kundt was Henlein's representative in Prague. Sudetenland, the German Foreign Office turned to threatening diplomatic tactics in a deliberate effort to increase the tension between the two countries. I offer in evidence documents 2855-PS, 2854-PS, 2853-PS and 2856-PS, as US Exhibits respectively 98, 99, 100, 101. Four telegrams from the Foreign Office in Berlin to the Legation in Prague, despatched between the 16th and 24th of September, 1938. They are self-explanatory. The first is dated 16 September:
"Tonight 150 subjects of Czechoslovakia of Czech blood were arrested in Germany. This measure is an answer to the arrest of Sudeten Germans since Fuehrer's speech of 12 September. I request you to ascertain the number of Sudeten Germans arrested since 12 September as extensively as possible. The number of those arrested there is estimated conservatively at 400 by the Gestapo. Cable report."
A handwritten note follows: "Impossible for me to ascertain these fact as already communicated to the proper agent."
The second telegram is dated September 17:
"Most urgent.
"I. Request to inform the local government immediately of the following :
"The Reich Government has decided that:
"(a) immediately as many Czech subjects of Czech descent, Czech (b) if any Sudeten Germans should be executed pursuant to a death shot in Germany."
The third telegram was sent on 24 September. I read it:
"According to information received here Czechs have arrested 2 German frontier-policemen, seven customs-officials and 30 railway officials.
As countermeasure all the Czech staff in Marschegg were arrested. We are prepared to exchange the arrested Czech officials for the German officials. Please approach Government there and wire result." last paragraph:
"Yielding of the Czech hostages arrested here for the prevention of the execution of any sentences passed by military courts against Sudeten-Germans is, of course, out of question." followers wholeheartedly to the preparations for the coming German attack. About 15 September, after Hitler's provacative Nurnberg speech in which he accused Benes of torturing and planning the extermination of the Sudeten Germans. Henlein and Karl Frank, one of his principal deputies, fled to Germany to avoid arrest by the Czech Government. In Germany Henlein broadcast over the powerful Reichsender radio station his determination to lead the Germans home to the Reich and denounced what he called the Hussites, Bolshevist criminals of Prague. From his headquarters in a castle at Banndorf, outside Bayreuth, he kept in close touch with the leading Nazi conspirators, including Hitler and Himmler. He directed activities along the border and began the organization of the Sudeten German Free Corps and auxiliary military organizations. You will find these events set forth in the Czechoslovak official government report, 998-PS, which has already been offered as Exhibit USA 91.
Henlein's activities were carried on with the advice and assistance of the German Nazi leaders. Lieutenant Colonel Koechling was assigned to Henlein in an advisory capacity to assist with the Sudeten German Free Corps. In a conference with Hitler on the night of September 17, Koechling received far-reaching military powers. the maintenance of disorder and clashes. I read from Item 25, a handwritten note labelled "Most Secret", at page 49 of the Schmundt file, Document 388-PS:
"Host Secret. Last night conference took place between Fuehrer and Oberstleutnant Koechling, Duration of conference 7 minutes. Lt. Col. Koechling remains directly responsible to OKW. He will be assigned to Konrad Henlein in an advisory capacity. He received far-reaching military plenary powers from the Fuehrer. The Sudeten German Free Corps remains responsible to Konrad Henlein alone. Purpose: Protection of the Sudeten Germans and maintenance of disturbances and clashes. The Free Corps will be established in Germany. Armament only with Austrian weapons. Activities of Free Corps to begin as soon as possible."
THE PRESIDENT: Would that be a good place to break off for ten minutes?
(Whereupon, a brief recess was taken.)
MR. ALDERMAN: May it please the Tribunal, General Jodl's diary Corps.
At this time, the Free Corps was engaged in active skirmishing desired manner.
I quote from the entries in the Jodl diary, for the "19 September:
Order is given to the Army High Command to take "20 September:
England and France have handed over their demands in Prague, the contents of which are still unknown.
The activities of the Army.
(Transferring rather strong units of the Czech Army to the proximity of the border.)
By checking with Lt.-Col. Keechling, I "Toward the evening the Fuehrer also takes a hand and gives approval of the Corps HQ."
A report from Henlein's staff, which was filed in Hitler's I read the last two paragraphs :"Since 19 September - in more than 300 missions - the Free Corps has executed its task with an amazing spirit of attack***" Now, that word "attack" was changed by superimposition to "defense."
"***And with a willingness often reaching a degree of unqualified self-sacrifice.
The result of the first phase of its activities:
more than 1500 prisoners, 25 MG's***" which I suppose means machine guns "***and a large amount of other weapons and equipment, aside from serious losses in dead and wounded suffered by the enemy.
And there was superimposed in place of "enemy," "The Czech Terrorists."
OKW and with the SS and with the SA. The liaison officer between the SS and Henlein was Oberfuehrer Gottlieb Berger (SS).which is an affidavit executed by Gottlieb Berger; and in connection This man was a Nazi.
He was serving in this conspiracy. He had made this affidavit.
We think the affidavit has probative value and having probative value.
We think it would be unfair to require us is to us a member of this conspiracy, and it seems to us that the affidavit should be admitted with leave to the Defendants, if they wash, to call the author of the affidavit for examination.
I should have added that this man was a prominent member of the SS, which is charged before you as being a criminal organization, and we think the document is perfectly competent in evidence as an admission against the enemy by a prominent member of the SS organization.
DR. STAHMER: Mr. President, the Defense contradicts the use of this document. This document was made out only on the 22nd of November 1945. It was filed here in Nurnberg, and therefore, the witness, Berger, without any difficulty, could be produced as a witness, and we have to insist that the prosecution will need him and that the Defense will have the possibility to take the witness into cross-examination and in that way it will be able to see the objectivity of his statement that will be spoken.
THE PRESIDENT: The Tribunal upholds the objection and will not hear this affidavit. It is open to either the prosecution or the defendants, of course, to call the man who made the affidavit. Did you hear? that is all I have to say. We have upheld your objection.
MR. ALDERMAN: If the Tribunal please, I had another affidavit by one Alfred Helmut Naujocks which, I take it, will be excluded under this same ruling, and which, therefore, I shall not offer.
THE PRESIDENT: If the circumstances are the same.
MR. ALDERMAN: Yes, I might merely refer to it for identification because it is in your document books.
TEE PRESIDENT: Very well.
MR. ALDERMAN: It is Document 3029-PS.
THE PRESIDENT: Very well. That also will be rejected as evidence.
MR. ALDERMAN: Yes. Offensive operations along the Czechoslovakian Border were not confined to skirmishes carried out by the Free Corps. Two SS Totenkopf, SS Battalions, were operating across the border in Czech territory near Eich.
I quote now from Item 36 in the Schmundt file and OKW's most secret order, signed by Jodle, and dated 28 September 1938. This appears at page 61 of the Schmundt file.
"Supreme Command of the Armed Forces, Berlin, September 28 1938, 45 copies, 16th copy.
"Subject: 4 SS-Totenkopf Battalions subordinate to the C in C Army.
"To: Reichsfuhrer SS and Chief of the German Police, (SS Central Office) (36 copies). MOST SECRET.
"By order of the Supreme Command of the armed forces the following Bn's of the SS Deaths Head organization will be under the command of the C in C Army with immediate effect.
"II and II Bn. of the 2nd SS-Totenkopf Regiment Brandenburg at present in Brieg (Upper Silesia).
"I and II Bn, of the 3rd SS-Totenkopf Regiment Thuringia at present in Radeboul and Kotzenbroda near Dresden.
"C in C Army is requested to deploy these Bn's for the West, (Upper Rhine) according to the Fuhrer's instructions.
"These SS-Totenkopf units now operating in the Asch promontory I and II Bn of Oberbayern Regiment) will come under the C in C Army only When they return to German Reich territory, or when the Army crosses the German-Cz. frontier.
"It is requested that all further arrangements be made between C in C Army and Reichsfuhrer-SS. (SS Central Office).
"For the Chief of the Supreme Command of the Armed Forces.
"Jodl".
According to the 25 September entry in General Jodl's diary, these SS-Totenkopf Battalions were operating in this area on direct orders from Hitler. As the correct day approached, the disposition of the Free Corps became a matter of dispute. Sudeten Germany Free Corps, directing that the Free Corps come under control of the Reichsfuehrer SS in the event of German invasion of Czechoslovakia. This document is Item 37 in the Schmundt file, at page 62.
German Army crosses the Czech border, the Free Corps will take orders from the OKH. In this most secret order of the OKW, Keitel discloses that Henlein's men are already operating in Czechoslovakian territory. three paragraphs of this most secret document.
"For the Henlein Free Corps and units subordinate to this the principle remains valid, that they receive instructions direct from the Fuhrer and that they carry out their operations only in conjunction with the competent general staff corps. The advance units of the Free Corps will have to report to the local commander of the frontier guard immediately before crossing the frontier.
"These units remaining forward of the frontier should - in their own interests - get into communication with the frontier guard as often as possible.
"As soon as the army crosses the Cz border the Henlein Free Corps will be subordinate to the OKH. Thus it will be expedient to assign a sector to the Free Corps even now which can be fitted into the scheme of army boundaries later."
would result in a peaceful occupation of the Sudetenland, the defendant Keitel ordered that the Free Corps Henlein in its present composition be placed under the command of Himmler.
I read from Item 38, at page 63, of the Schmundt File:
"1. Attachment of Henlein Free Corps:
in agreement with the Reichsfuehrer SS." dates the Tribunal asked about before the recess. to Germany was 15 September 1938. Chamberlain flew to Munich and arrived at 12:30 o'clock; on September 15 he went by train from Munich to Berchtesgaden, arriving attachment of 1600 hours, and by car to Gerghof, arriving about at 1650, for three talks with Hitler. On 16 September Chamberlain returned by air to London.
The second visit was on September 22. Chamberlain met with Hitler at Bad Godesberg at 1700 hours for a three-hour discussion, and it was a deadlock. On September 23 discussions were resumed at 2230. On September 24 Chamberlain returned to London.
The third visit was on September 29. Chamberlain flew to Munich and the meeting of Chamberlain, Mussolini, Daladier and Hitler took place at the Brownhaus at 1330 and continued until 0230 hours on September 30, 1938, a Friday, when the Munich agreement was signed. Under the threat of war by the Nazi conspirators, and with war in fact about to be launched, the United Kingdom and France concluded the Munich pact with Germany and Italy at that early morning hour of September 30, 1938.
This treaty will be presented by the British Prosecutor. It is sufficient for me to say of it at this point that it provided for the cession of the Sudetenland by Czechoslovakia to Germany. Czechoslovakia was required to acquiesce.
The Munich Pact will be No. TC-23 of the British documents. Sudetenland. During the conclusion of the Munich Pact the Wehrmacht had been fully deployed for the attack, awaiting the word of Hitler to begin the assault. On 30 September the defendant Keitel promulgated Directive No. 1 on occupation of territory separated from Czechoslovakia. This is Item 39 at page 64 of the Schmundt File. This directive contained the timetable for the occupation of sectors of former Czech territory between 1 and 10 October and specified the tasks of the German armed forces.
I read now the fourth and fifth paragraphs of that document:
"2. The present degree of mobilized preparedness is to be maintained completely, for the present also in the West, Order for the rescinding of measures taken is held over.
"The entry is to be planned in such a way that it can easily be converted into operation 'Grun'." forces, and I quote from the list under the heading "A. Army: Henlein Free Corps. All combat action on the part of the Volunteer Corps must cease as from 1 October." OKW directives giving instructions for the occupation of the Sudetenland. I think I need not read them, as they are not essential to the proof of our case. They merely indicate the scope of the preparations of the OKW. Directives specifying the occupational area of the army and units under its command, arranging for communication facilities, exchange facilities, supply, and propaganda, and giving instructions to the various departments of the government were issued over defendant Keitel's signature on 30 September.
These are Items 40, 41 and 42 in the Schmundt File. I think it is sufficient to read the caption and the signature.
THE PRESIDENT: What page?
MR. ALDERMAN: Page 66 of the English version.
"Special Orders No. 1." This is the Supreme Commander of the Armed Forces, Host Secret. "Special Orders No. 1 to Directive No. 1. Subject: Occupation of territory ceded by Czechoslovakia. Signature: Keitel."
"Supreme Command of the Armed Forces. Most Secret IV a. MOST SECRET. Subject: Occupation of Sudeten-German Territory, signed Keitel." "Subject: Occupation of the Sudeten-German area, signed Keitel." German troops had reached the demarcation line and that the order for the occupation of the Sudetenland had been fulfilled. The OFW requested Hitler's permission to rescind Case Green and to withdraw troops from the occupied area and to relieve the OKH of executive powers in the Sudetenland German area as of 15 October. These are Items 46, 47, and 48 in the Schmundt File. 10 October 1933, signed by Von Brauchitsch:
"My Fuehrer:
"I have to report that the troops will reach the demarcation line as ordered, by this evening. In so far as further military operations are not required, the order for the occupation of the country which was given to me will thus have been fulfilled. The guarding of the new frontier line will be taken over by the reinforced frontier supervision service in the next few days.
"It is thus no longer a military necessity to combine the administration of the Sudetenland with the command of the troops of the army under the control of one person.
"I therefore ask you, my Fuehrer, to relieve me with effect from October 15, 1938, of the charge assigned to me -- that of exercising executive powers in Sudeten-German territory.
"Heil my Fuehrer, Von Brauchitsch." telegram from the OKW to the Fuehrer's train, Lt. Col. Schmundt:
"If evening report shows that occupation of Zone Five has been completed without incident, OKW intends to order further demobilization.
"Principle: 1) To suspend operation "Grun" but maintain a sufficient state of preparedness on part of army and Luftwaffe to to make intervention possible if necessary.
2) all units not needed to be withdrawn from the occupied area and reduced to peacetime status, as population of occupied area is heavily burdened by the massing of troops."
Skipping to below OKW's signature, this appears, at the left:
"Fuehrer's decision:
1.--agreed 2.--Suggestion to be made on the 13 October in Essen by General Keitel.
Decision will then be reached." Sudetenland was ordered by Hitler and defendant Keitel. Three days later the OKW requested Hitler's consent to the reversion of the RAD Labor Corps from the control of the armed forces. These are Items 52 and 53 in theSchmundt File.
As the German forces entered the Sudetenland Henlein's Sudetendeutsche Partei was merged with the NSDAP of Hitler. The two men who had fled to Hitler's protection in mid-September. Henlein and Karl Hermann Frank, were appointed Gauleiter and Deputy Gauleiter, respectively, of the Sudetengau. In the parts of the Czechoslovak Republic that were still free the Sudetendeutsche Partei constituted itself as the National Socialistic German Worker Party in Czechoslovakia under the direction of Kundt, another of Henlein's deputies. official report, Document 998 PS. spirators, the plan for the conquest of the remainder of Czechoslovakia. With the occupation of the Sudetenland and the inclusion of Germanspeaking Czecks within the greater Reich, it might have been expected that the Nazi conspirators would be satisfied. Thus far in their program of aggression the defendants had used as a pretext for their conquests the union of the Volksdeutsche, the people of German descent, with the Reich. Now, after Munich, the Volksdeutsche in Czechoslovakia has been substantially all returned to German rule.
world. I now refer and invite the notice of the Tribunal to the "Voelkischer Beobachter," Munich edition, special edition for 27 September 1938, in which this speech is quoted. I read from page 2, column 1, quoting from Hitler:
"And now we are confronted with the last problem which must be solved and will be solved. It is thelast territorial claim -
THE PRESIDENT (interposing): Is this document in our documents?
MR. ALDERMAN: No. That I am asking the Court to take judicial notice of.
THE PRESIDENT: Very well.
MR. ALDERMAN: It is a well-known German publication.
(continuing) "It is the last territorial claim which I have to make in Europe, but it is a claim from which I will bot swerve and which I will satisfy, God willing."
And further:
"I have little to explain. I am grateful to Mr. Chamberlain for all his efforts, and I have assured him that the German people want nothing but peace; but I have also told him that I cannot go back beyond the limits of our patience." This is page 3, column 1.
(continuing) "I assured him, moreover, and I repeat it here, that when this problem is solved there will be no more territorial problems for Germany in Europe. And I further assured him that from the moment when Czechoslovakia solves its other problems - that is to say, when the Czechs have come to an arrangement with their other minorities peacefully and without oppression - I will no longer be interested in the Czech State. And that, as far as I am concerned, I will guarantee it. We don't want any Czechs!" Document TC 28, which I think, will be offered by the British Prosecutor. mates of the military forces required to break Czechoslovak resistance in Bohemia and Moravia.
I now read from Item 48, at page 82, of the Schmundt File. This is a top secret telegram sent by Keitel to Hitler's headquarters on 11 October 1938 in answer to four questions which Hitler had propounded to the OKW. I think it is sufficient merely to read the questions which Hitler had propounded.
"Question 1: What reinforcements are necessary in the present situation to break all Czech resistance in Bohemia and Moravia?
"Question 2: How much time is required for the regrouping or moving up of new forces?
"Question 3: How much time Will be required for the same purpose if it is executed after the intended demobilization and return measures?
"Question 4: How much time would be required to achieve the state of readiness of October 1?"
THE PRESIDENT: Sent on October 11?
MR. ALDERMAN: Yes, 11 October. land was handed over the civilian authorities, a directive outlining plans for the conquest of the remainder of Czechoslovakia was signed by Hitler and initialed by the defendant Keitel.
I now offer in evidence Document C-136, as Exhibit U.S.A. 104, a top secret order of which ten copies were made, this being the first copy, signed in ink by Keitel. Sudetenland, the Nazi conspirators are already looking forward to new conquests. I quote the first part of the body of the document:
"The future tasks for the Armed Forces and the preparations for the conduct of war resulting from these tasks will be laid down by me in a later Directive.
"Until this Directive comes into force the Armed Forces must be prepared at all times for the following eventualities:
"1) The securing of the frontiers of Germany and the protection against surprise air attacks.
"2) The liquidation of the remainder of Czechoslovakia.
"3) The occupation of the Memelland."
And then proceeding, the following the number 2:
"Liquidation of the remainder of Czechoslovakia; It must be possible to smash at any time the remainder of Czechoslovakia if her policy should become hostile towards Germany.
"The preparations to be made by the Armed Forces for this contingency will be considerably smaller in extent than those for "Gruen"; they must, however, guarantee a continuous and considerably higher state of preparedness, since planned mobilization measures have been dispensed with. The organization, order of battle, and state of readiness of the units earmarked for that purpose are in peace-time to be so arranged for a surprise assault that Czechoslovakia herself will be deprived of all possibility of organized resistance.
The object is the swift occupation of Boehmia and Moravia and the cutting off of Slovakia. The preparations should be such that at the same time 'Grenzsicherung West' (The measures of frontier defense in the West) can be carried out.
"The detailed mission of Army and Air Force is as follows:
"a. Army: The units stationed in the vicinity of Bohemia - Moravia and several motorized divisions are to be earmarked for a surprise type of attack. Their number will be determined by the forces remaining in Czechoslovakia; a quick and decisive success must be assured. The assembly and preparations for the attack must be worked out. Forces not needed will be kept in readiness in such a manner that they may be either committed in securing the frontiers or sent after the attack army.
"b. Air Force: The quick advance of the German Army is to be assured by an early elimination of the Czech Air Force.
"For this purpose the commitment in a surprise attack from peace-time bases has to be prepared. Whether for this purpose still stronger forces may be required can be determined from the development of the military situation in Czechoslovakia only. At the same time a simultaneous assembly of the remainder of the offensive forces against the West must be prepared."
And then Part 3 goes under the heading "Annexation of the Memel District." It was distributed to the OKH, to defendant Goering's Luftwaffe, and to defendant Raeder at Navy Headquarters. appendix to the original order, stating that by command of the Fuhrer preparations for the liquidation of Czechoslovakia re to continue.
I offer in evidence document C-138 as Exhibit U.S.A. 105, and other captured OKW documents classified "Top Secret".
I shall read the body of this order.
"Corollary to Directive of 21.10.39.
"Reference 'Liquidation of the Rest of Czechoslovakia' the Fuehrer has given the following additional order:
"The preparations for this eventuality are to continue on the assumption that no resistance worth mentioning is to be expected.
"To the outside world too it must clearly appear that it is merely an action of pacification and not a warlike undertaking.
"The action must therefore be carried out by the peacetime Armed Forces only, without reinforcements from mobilization. The necessary readiness for action, especially the ensuring that the most necessary supplies are brought up, must be effected by adjustment within the units.
"Similarly the units of the Army detailed for the march in must, as a general rule, leave their stations only during the night prior to the crossing of the frontier, and will not previously form up systematically on the frontier. The transport necessary for previous organization should be limited to the minimum and will be camouflaged as much as possible. Necessary movements, if any, of single units and particularly of motorized forces, to the troop-training areas situated near the frontier, must have the approval of the Fuehrer.
"The Air Force should take action in accordance with the similar general directives.
"For the same reasons the exercise of executive power by the Supreme Command of the Army is laid down only for the newly occupied territory and only for a short period." Signed: "Keitel." particular copy of this Order, an original carbon signed in ink by Keitel, was the one sent to the OKM, the German Naval Headquarters. It bears the initials of Fricke, head of the Operation Division of the Naval War Staff, Schneewind, Chief of Staff, and of defendant Raeder.
considered would by an easy victory, the foreign office played its part. In a discussion of means of improving German-Czech relations with the Slovakian Foreign Minister Chvalkosky in Berlin on 21 January 1939, defendant Ribbentrop urged upon the Czech Government a quick reduction in the size of the Czech Army. I offer in evidence Document 2795-PS as Exhibit "USA 106", captured German foreign office notes of this discussion. I will read only the footnote, which is in Ribbentrop's handwriting.
"I mentioned to Chvalkosky especially that a quick reduction in the Czech Army would be decisive in our judgment."
Does the Court propose sitting beyond 4:30?
PRESIDENT: No, I think not. The Tirbunal will adjourn.
(Whereupon at 1630 hours the hearing of the Tribunal adjourned to reconvene at 1000 hours on 4 December 1945.)
Official transcript of the International Military Tribunal, in the matter of:
THE PRESIDENT: I will call on the Chief Prosecutor for Great Britain and Northern Ireland.
SIR HARTLEY SHAWCROSS: May it please the Tribunal: Leader of the Nazi Conspirators who are now on trial before you is reported as having said in reference to their warlike plans:
"I shall give a propagandist cause for starting the war, never mind whether it be true or not.
The victor shall not be asked later on whether we tell the truth or not.
In starting and making a war not the right is what matters but victory - the strongest has the right."
25 years, been victorious in wars which have been forced upon it, but it is precisely because we realise that victory is not enough; that might is not necessarily right; that lasting peace and the rule of International Law is not to be secured by the strong arm alone, that the British Nation is taking part in this trial. There are those who would perhaps say that these wretched men should have been dealt with summarily without trial by "executive action"; that their power for evil broken, they should be swept aside into oblivion without this elaborate and careful investigation into the part which they played in bringing this war about. Vae Victis. Let them pay the penalty of defeat. But that was not the view of the British Government. Not so would the Rule of Law be raised and strengthened on the international as well as upon the municipal plane; not so would future generations realise that right is not always on the side of the big battalions; not so would the world be made aware that the waging of aggressive war is not only a dangerous venture but a criminal one. Human memory is short.