Chapter 36

“In no circumstances * * * will they proceed to the application of force for the purpose of reaching a decision in such disputes”. (TC-21)

That declaration and agreement was to remain in force for at least ten years and thereafter would remain valid unless it was denounced by either Government six months before the expiration of the ten years, or subsequently a denunciation, with six months notice took place.

Both at the time of its signature and during the following four years Hitler spoke of the German-Polish Agreement publicly as though it were a cornerstone of his foreign policy. By entering into it he persuaded many people that his intentions were genuinely pacific, for the re-emergence of an independent Poland had cost Germany much territory and had separated East Prussia from the Reich. That Hitler should of his own accord enter into friendly relations with Poland; that in his speeches on foreign policy he should proclaim his recognition of Poland’s right to an exit to the sea, and the necessity for Germans and Poles to live side by side in amity—these facts seemed to the world convincing proof that Hitler had no “revisionist” aims which would threaten the peace of Europe, and that he was even genuinely anxious to put an end to the age-old hostility between the Teuton and the Slav. If his professions were genuine his policy excluded a renewal of theDrang nach Ostenand thereby would contribute to the stability of Europe. We shall have occasion enough to see how little truth these pacific professions contained. The history of the fateful years from 1934 to 1939 shows quite clearly that the Germans used this Treaty, as they used other Treaties, merely as an instrument of policy for furthering their aggressive aims. It is clear from the documents now presented to the Tribunal that these five years fall into two distinct phases in the realization of aggressive aims which always underlay the Nazi policy. There was first the period from the Nazi assumption of power in 1933 until the autumn of 1937. That was the preparatory period. During that time there occurred the breaches of the Versailles and Locarno Treaties, the feverish rearmament of Germany, the reintroduction of conscription, the reoccupation and remilitarization of the Rhineland, and all the other necessary preparatory measures for future aggression with which my United States colleagues have already so admirably dealt. Duringthat time they lulled Poland into a false sense of security. Not only Hitler, but also the Defendant Goering and the Defendant Ribbentrop made statements approbating the Pact. In 1935 Goering was saying that “the pact was not planned for a period of ten years but forever: there need not be the slightest fear that it would not be continued.” Even though Germany was steadily building up the greatest war machine that Europe had ever known, and although, by January 1937, the German military position was so secure that Hitler could refer openly to his strong Army, he took pains also to say at the time that “by a series of agreements we have eliminated existing tensions and thereby contributed considerably to an improvement in the European atmosphere. I merely recall the agreement with Poland which has worked out to the advantage of both sides. * * *” (2368-PS). And so it went on—abroad protestations of pacific intentions—at home “guns before butter”.

In 1937, however, this preparatory period drew to a close and Nazi policy moved from general preparation for future aggression to specific planning for the attainment of certain specific aggressive aims. Two documents in particular mark this change.

The first of these was an important “Directive for unified preparation for War” issued on June 29, 1937, by the Reich-Minister for War (von Blomberg) and C-in-C of the Armed Forces (C-175). This document is important, not only for its military directions, but for the appreciation it contained of the European situation and for the revelation it provides of the Nazi attitude towards it.

“The general political position”, von Blomberg stated, “justifies the supposition that Germany need not consider an attack from any side. Grounds for this are, in addition to the lack of desire for war in almost all Nations, particularly the Western Powers, the deficiencies in the preparedness for war of a number of States, and of Russia in particular”. (C-175)

He added, it is true, “The intention of unleashing an European War is held just as little by Germany”. And it may be that that phrase was carefully chosen, for Germany hoped to conquer the world in detail: to fight on one front at a time, not to unleash a general European conflict. But, he went on, “the politically fluid world situation, which does not preclude surprising incidents, demands a continuous preparedness for war of the German Armed Forces (a) to counter attack at any time (yet he had just said that there was no fear of any attack) and (b) to enable the military exploitation of politically favorable opportunities should they occur”. That phrase is no more than a euphemistic descriptionof aggressive war. It reveals the continued adherence of the German military leaders to the doctrine that military might, and if necessary war, should be an instrument of policy—the doctrine explicitly condemned by the Kellogg Pact, to which Germany had adhered. The document goes on to set out the general preparations necessary for a possible war in the mobilization period 1937/1938. The document is evidence at least for this—that the leaders of the German Armed Forces had it in mind to use the military strength which they were building up for aggressive purposes. “No reason”—they say—“to anticipate attack from any side * * * there is a lack of desire for war”. Yet they prepare to “exploit militarily favorable opportunities”.

Still more important as evidence of the transition to planned aggression is the record of the important conference which Hitler held at the Reichs Chancellery on November 5, 1937, at which von Blomberg, Reich Minister for War, von Fritsch, C-in-C of the Army, Goering, C-in-C of the Luftwaffe, Raeder, C-in-C of the Navy and von Neurath, then the Reich Minister for Foreign Affairs, were present. The minutes of that conference have already been put in evidence (386-PS). I refer to them now to emphasize those passages which make apparent the ultimate intention to wage an aggressive war. As will be remembered, the burden of Hitler’s argument at that conference was that Germany required more territory in Europe. Austria and Czechoslovakia were specifically envisaged. But Hitler realized that the process of conquering these two countries might well bring into operation the treaty obligations of Great Britain and France. He was prepared to take the risk.

“The history of all times: Roman Empire, British Empire, has proved that every space expansion can only be effected by breaking resistance and taking risks. Even setbacks are unavoidable: neither formerly nor today has space been found without an owner. The attacker always comes up against the proprietor. The question for Germany is where the greatest possible conquest can be made at the lowest possible cost”.

In the course of his address to that Conference Hitler had foreseen and discussed the likelihood that Poland would be involved if the aggressive expansionist aims which he put forward brought about a general European war in the course of their realization by Germany. When, therefore, on that very day Hitler assured the Polish Ambassador of the value of the 1934 Pact it can only be concluded that its real value in Hitler’s eyes was that of keeping Poland quiet until Germany had acquired such a territorial andstrategic position that Poland would no longer be a danger to her.

That view is confirmed by the events which followed. At the beginning of February 1938 the change from Nazi preparation for aggression to active aggression itself took place. It was marked by the substitution of Ribbentrop for Neurath as Foreign Minister, and of Keitel for Blomberg as head of OKW. Its first fruits were the bullying of Schuschnigg at Berchtesgaden on February 12, 1938, and the forcible absorption of Austria in March. Thereafter the Green Plan (Fall Gruen) for the destruction of Czechoslovakia was steadily developed—the plan partially foiled, or of which the final consummation was at least delayed, by the Munich Agreement.

With these developments of Nazi aggression my United States colleagues have already dealt. But it is obvious that the acquisition of these two countries, and of their resources in manpower and in the production of munitions of war, immensely strengthened the position of Germany as against Poland. It is, therefore, not surprising that, just as the defendant Goering assured the Czechoslovak Minister in Berlin, at the time of the Nazi invasion of Austria that Hitler recognized the validity of the German-Czechoslovak Arbitration Treaty of 1925, and that Germany had no designs against Czechoslovakia herself—“I give you my word of honor” said Goering—so also continued assurances should be given during 1938 to Poland in order to keep that country from interfering with the Nazi aggression on Poland’s neighbors.

Thus, on the 20th February 1938 on the eve of his invasion of Austria, Hitler, referring to the fourth anniversary of the Polish Pact, permitted himself to say this to the Reichstag:

“* * * and so a way to a friendly understanding has been successfully paved, an understanding which beginning with Danzig has today succeeded in finally taking the poison out of the relations between Germany and Poland and transforming them into a sincere friendly cooperation. Relying on her friendships, Germany will not leave a stone unturned to save that ideal which provides the foundation for the task ahead of us—Peace”. (2357-PS)

Still more striking are the cordial references to Poland in Hitler’s speech in the Sportpalast at Berlin on the 26 September 1938. He then said:

“The most difficult problem with which I was confronted was that of our relations with Poland. There was a danger that Poles and Germans would regard each other as hereditary enemies. I wanted to prevent this. I know well enough that I should not have been successful if Poland had had a democraticconstitution. For these democracies which indulge in phrases about peace are the most bloodthirsty war agitators. In Poland there ruled no democracy, but a man: and with him I succeeded, in precisely twelve months, in coming to an agreement which, for ten years in the first instance, entirely removed the danger of a conflict. We are all convinced that this agreement will bring lasting pacification. We realize that here are two peoples which must live together and neither of which can do away with the other. A people of 33 millions will always strive for an outlet to the sea. A way for understanding, then, had to be found, and it will be ever further extended. Certainly things were hard in this area. * * * But the main fact is that the two Governments, and all reasonable and clear-sighted persons among the two peoples and in the two countries, possess the firm will and determination to improve their relations. It was a real work of peace, of more worth than all the chattering in the League of Nations Palace at Geneva”.

Thus flattery of Poland preceded the annexation of Austria and renewed flattery of Poland preceded the projected annexation of Czechoslovakia. The realities behind these outward expressions of goodwill are clearly revealed in the documents relating toFall Gruen, which are already before the Tribunal. They show Hitler as fully aware that there was risk of Poland, England and France being involved in war to prevent the German annexation of Czechoslovakia, and that this risk though realized was also accepted. On the 25th August top secret orders to the German Air Force in regard to the operations to be conducted against England and France if they intervened pointed out that, as the French-Czechoslovak Treaty provided for assistance only in the case of “unprovoked” attack, it would take a day or two for France and England to decide whether legally the attack was unprovoked or not. A blitzkrieg accomplishing its aims before effective intervention became possible was the object to be aimed at.

On the same day an Air Force memorandum on future organization was issued to which was attached a map on which the Baltic States, Hungary, Czechoslovakia and Poland are all shown as part of Germany and preparations for expanding the Air Force “as the Reich grows in area”, as well as dispositions for a two-front war against France and Russia are discussed (L-43;Chart No. 10). And on the following day von Ribbentrop is being minuted about the reaction of Poland towards the Czechoslovak problem:

“The fact that after the liquidation of the Czech question itwill be generally assumed that Poland will be next in turn” is recognized but, it is stated, “the later this assumption sinks in, the better”. (TC-76)

I will pause at the date of the Munich Agreement for a moment and ask the Tribunal to consider what the evidence of documents and historical facts shows up to that time. It has made undeniable the fact both of Nazi aggressiveness and of active aggression. Not only does the Conference of 1937 reveal Hitler and his associates deliberately considering the acquisition of Austria and Czechoslovakia, if necessary by war, but the first of those operations had been carried through in March 1938 and a large part of the second, under threat of war, though without actual need for its initiation, in September of the same year. More ominous still, Hitler had revealed his adherence to his old doctrines ofMein Kampf, those essentially aggressive to the exposition of which inMein Kampflong regarded as the Bible of the Nazi Party we shall draw attention. He is in pursuit ofLebensraumand he means to secure it by threats of force or, if they fail, by force, by aggressive war.

So far actual warfare has been avoided because of the love of peace, the lack of preparedness, the patience or the cowardice—which you will—of the democratic Powers. But, after Munich, the questions which filled the minds of all thinking people with acute anxiety was, “Where will this end? Is Hitler now satisfied, as he declares he is? Or will his pursuit ofLebensraumlead to further aggressions, even if he has to make an openly aggressive war to secure it?”

It was in relation to the remainder of Czechoslovakia and to Poland that the answer to these questions was to be given. So far no direct and immediate threat to Poland had been made. The two documents from which I have just quoted (L-43;TC-76) show that high officers of the defendant Goering’s Air Staff already regarded the extension of the Reich and, it would appear, the destruction and absorption of Poland as a foregone conclusion. They were already anticipating, indeed, the last stage of Hitler’s policy stated inMein Kampf, war to destroy France and to secureLebensraumin Russia. And the writer of the Minute to Ribbentrop already took it for granted that, after Czechoslovakia, Poland would be attacked. More impressive than these two documents is the fact that, as I have said, the record of the Conference of November 5, 1937, shows that war with Poland, if she should dare to attempt to prevent German aggression against Czechoslovakia, had been coolly contemplated and that the Nazi leaders were ready to take the risk. So also had the risk of war with England andFrance under the same circumstances been considered and accepted. Such a war would, of course, have been an aggressive war on Nazi Germany’s part. For to force one State to take up arms to defend another against aggression in order to fulfill treaty obligations is to initiate aggressive war against the first State.

Yet it remains true that until Munich the decision for direct attack upon Poland and her destruction by aggressive war had apparently not as yet been taken by Hitler and his associates. It is to the transition from the intention and preparation of initiating an aggressive war, evident in regard to Czechoslovakia, to the actual initiation and waging of aggressive war against Poland that I now pass. That transition occupies the eleven months from October 1, 1938 to the actual attack on Poland on September 1, 1939.

Within six months of the signature of the Munich Agreement the Nazi Leaders had occupied the remainder of Czechoslovakia, which by that agreement they had indicated their willingness to guarantee. On March 14th, 1939, the aged and infirm President of the “Rump” of Czechoslovakia, Hacha, and his Foreign Minister, Chvalkowsky, were summoned to Berlin. At a meeting held between 1.15 and 2.15 a. m. in the small hours of the 15th March in the presence of Hitler and the defendants Ribbentrop, Goering, and Keitel, they were bullied and threatened and informed bluntly that Hitler “had issued the order for the German troops to march into Czechoslovakia, and for the incorporation of this country into the German Reich”. It was made quite clear to them that resistance would be useless and would be crushed “by force of arms with all available means”. It was thus that the Protectorate of Bohemia and Moravia was set up and that Slovakia was turned into a German satellite, though nominally independent, state. By their own unilateral action, on pretexts which had no shadow of validity, without discussion with the Governments of any other country, without mediation and in direct contradiction of the sense and spirit of the Munich Agreement, the Germans acquired for themselves that for which they had been planning in September of the previous year, and indeed much earlier, but which at that time they had felt themselves unable completely to secure without too patent an exhibition of their aggressive intentions. Aggression achieved whetted the appetite for aggression to come. There were protests. England and France sent diplomatic notes. Of course there were protests. The Nazis had clearly shown their hand. Hitherto they had concealed from the outside world that their claims went beyond incorporatinginto the Reich persons of German Race living in bordering territory. Now for the first time, in defiance of their own solemn assurances to the contrary, non-German territory had been seized. This acquisition of the whole of Czechoslovakia, together with the equally illegal occupation of Memel on the 22d March, resulted in an immense strengthening of the German position, both politically and strategically, as Hitler had anticipated it would when he discussed the matter at his conference on November 5th, 1937. (386-PS)

Long before the consummation by the Nazi Leaders of their aggression against Czechoslovakia, however, they had already begun to make demands upon Poland. On October 25th, 1938, that is to say within less than a month of Hitler’s reassuring speech about Poland already quoted and of the Munich Agreement itself, M. Lipski, the Polish Ambassador in Berlin, reported to M. Beck, the Polish Foreign Minister, that at a luncheon at Berchtesgaden the day before (October 24th) the defendant Ribbentrop had put forward demands for the reunion of Danzig with the Reich and for the building of an extra-territorial motor road and railway line across Pomorze, that is, the province which the Germans called the Corridor. From that moment onwards until the Polish Government had made it plain, during a visit of the defendant Ribbentrop to Warsaw which ended on January 27th, 1939, that they would not consent to hand over Danzig to German Sovereignty negotiations on these German demands continued. Even after Ribbentrop’s return Hitler thought it worth while in his Reichstag Speech on January 30th, 1939 to say—

“We have just celebrated the fifth anniversary of the conclusion of our nonaggression pact with Poland. There can scarcely be any difference of opinion today among the true friends of peace as to the value of this agreement. One only needs to ask oneself what might have happened to Europe if this agreement, which brought such relief, had not been entered into five years ago. In signing it, the great Polish marshal and patriot rendered his people just as great a service as the leaders of the National-Socialist State rendered the German people. During the troubled months of the past year the friendship between Germany and Poland has been one of the reassuring factors in the political life of Europe”.

That utterance, however, was the last friendly word from Germany to Poland and the last occasion upon which the Nazi Leader mentioned the German-Polish Agreement with approbation. During February 1939 silence fell upon German demands. But as soon as the final absorption of Czechoslovakia had taken place,and Germany had also absorbed Memel, Nazi pressure upon Poland was at once renewed. In two conversations between himself and the defendant Ribbentrop, held on March 21st and March 26th respectively (Polish White Book Number 61 and Number 63), German demands upon Poland were renewed and further pressed. In view of the fate which had overtaken Czechoslovakia and of the grave deterioration in her strategical position towards Germany it is not surprising that the Polish Government took alarm at these developments. Nor were they alone in this. The events of March 1939 had at last convinced both the English and French Governments that the Nazi designs of aggression were not limited to men of German race and that the spectre of European war resulting from further aggressions by Nazi Germany had not been exorcised by the Munich Agreement.

As a result, therefore, of the concern of Poland, England, and France at the events in Czechoslovakia and at the newly applied pressure on Poland, conversations between the English and Polish Governments had been taking place, and, on 31st March, 1939, Mr. Neville Chamberlain, speaking in the House of Commons, stated that His Majesty’s Government had given an assurance to help Poland in the event of any action which clearly threatened Polish independence and which the Polish Government accordingly considered it vital to resist (TC-72, No. 17). On 6th April 1939 an Anglo-Polish communique stated that the two countries were prepared to enter into an Agreement of a permanent and reciprocal character to replace the present temporary and unilateral assurance given by His Majesty’s Government. (TC-72, No. 18)

The justification for such concern is not difficult to find. With the evidence which we now have of what was happening within the councils of the German Reich and its armed forces during these months it is manifest that the German Government were intent on seizing Poland as a whole, that Danzig—as Hitler was to say himself a month later—“was not the subject of the dispute at all”. The Nazi Government was intent upon aggression and the demands and negotiations in respect of Danzig were merely a cover and excuse for further domination.

As far back as September 1938 plans for aggressive war against Poland, England, and France were well in hand. While Hitler, at Munich, was telling the world that the German people wanted peace and that, having solved the Czechoslovakian problem, Germany had no more territorial problems in Europe, the staffs of his armed forces were already preparing plans. On the 26th September 1938 he had said:

“We have given guarantees to the States in the West. We have assured all our immediate neighbours of the integrity of their territory as far as Germany is concerned. That is no mere phrase. It is our sacred will. We have no interest whatever in a breach of the peace. We want nothing from these peoples.”

The world was entitled to rely upon these assurances. International cooperation is impossible unless one can assume good faith in the leaders of the various States. But within two months of that solemn and considered undertaking, Hitler and his confederates were preparing for the seizure of Danzig. To recognize these assurances, these pledges, these diplomatic moves as the empty frauds they were, one must go back to enquire what was happening within the inner councils of the Reich from the time of the Munich Agreement.

Written some time in September 1938 is an extract from a file on the Reconstruction of the German Navy (C-23). Under the heading “Opinion on the Draft Study of Naval Warfare against England” it is stated:

“1. If, according to the Fuehrer’s decision Germany is to acquire a position as a world power, she needs not only sufficient colonial possessions but also secure naval communications and secure access to the ocean.“2. Both requirements can only be fulfilled in opposition to Anglo-French interests and would limit their position as world powers. It is unlikely that they can be achieved by peaceful means. The decision to make Germany a world power, therefore, forces upon us the necessity of making the corresponding preparations for war.“3. War against England means at the same time war against the Empire, against France, probably against Russia as well and a large number of countries overseas, in fact, against half to one-third of the world.“It can only be justified and have a chance of success if it is prepared economically as well as politically and militarily and waged with the aim of conquering for Germany an outlet to the ocean.” (C-23)

“2. Both requirements can only be fulfilled in opposition to Anglo-French interests and would limit their position as world powers. It is unlikely that they can be achieved by peaceful means. The decision to make Germany a world power, therefore, forces upon us the necessity of making the corresponding preparations for war.

“3. War against England means at the same time war against the Empire, against France, probably against Russia as well and a large number of countries overseas, in fact, against half to one-third of the world.

“It can only be justified and have a chance of success if it is prepared economically as well as politically and militarily and waged with the aim of conquering for Germany an outlet to the ocean.” (C-23)

Here is something which is both significant and new. Until this date the documents in our possession disclose preparations for war against Poland, England, and France purporting at least to be defensive measures to ward off attacks which might result from the intervention of those powers in the preparatory aggression of Germany in Central Europe. Hitherto aggressive waragainst Poland, England, and France has been contemplated only as a distant objective. Now, for the first time, we find a war of conquest by Germany against France and England openly recognized as the future aim, at least of the German Navy.

On the 24th November 1938 an Appendix was issued by Keitel to a previous order of the Fuehrer. In this Appendix there are set out the future tasks for the armed forces and the preparation for the conduct of the war which would result from those tasks.

“The Fuehrer has ordered that besides the three eventualities mentioned in the previous Directive preparations are also to be made for the surprise occupation by German troops of the Free State of Danzig.“For the preparation the following principles are to be borne in mind—the primary assumption is the lightning seizure of Danzig by exploiting a favorable political situation and not war with Poland * * *. Troops which are going to be used for this purpose must not be held at the same time for the seizure of Memelland, so that both operations can take place simultaneously should such necessity arise.” (C-137)

“For the preparation the following principles are to be borne in mind—the primary assumption is the lightning seizure of Danzig by exploiting a favorable political situation and not war with Poland * * *. Troops which are going to be used for this purpose must not be held at the same time for the seizure of Memelland, so that both operations can take place simultaneously should such necessity arise.” (C-137)

Thereafter, as the evidence which has already been produced has shown, final preparations for the invasion of Poland were taking place. On the 3d April 1939, three days before the issue of the Anglo-Polish communique, Keitel issued to the High Command of the Armed Forces a Directive in which it was stated that the Directive for the uniform preparation of war by the armed forces in 1939-40 was being re-issued, and that the part concerning Danzig would be issued in the middle of April. The basic principles were to remain the same as in the previous Directive. Attached to this document were the orders “Fall Weiss”, the code name for the proposed invasion of Poland. Preparations for that invasion were to be made in such a way that the operation could be carried out at any time from the 1st September 1939 onwards. (C-120)

On the 11th April Hitler issued his Directive for the uniform preparations of war by the armed forces 1939-40. In it he says:

“I shall lay down in a later Directive future tasks of the armed forces and the preparations to be made in accordance with these for the conduct of war. Until that Directive comes into force the armed forces must be prepared for the following eventualities:“1. Safeguarding of the frontiers.“2.“Fall Weiss.”“3. The annexation of Danzig.”

“1. Safeguarding of the frontiers.

“2.“Fall Weiss.”

“3. The annexation of Danzig.”

In an Annex to that document headed “Political Hypotheses and Aims” it is stated that quarrels with Poland should be avoided. Should Poland, however, change her present policy and adopt a threatening attitude towards Germany, a final settlement would be necessary, notwithstanding the pact with Poland. The Free City of Danzig was to be incorporated into Germany at the outbreak of the conflict at the latest. The policy aims to limit the war to Poland and this is considered possible with the internal crisis in France and resulting British restraint.

The wording of this document does not directly involve the intention of immediate aggression. It is a plan of attack “if Poland changes her policy and adopts a threatening attitude”. But the picture of Poland, with her inadequate armaments, threatening Germany is ludicrous enough and the real aim emerges in the sentence “The aim is then to destroy Polish military strength and to create, in the East, a situation which satisfies the requirements of defense”—a sufficiently vague phrase to cover designs of any magnitude. Even now the evidence does not suffice to prove that the actual decision to attack Poland has been taken. But all preparations are being set in train in case that decision is reached.

It was within three weeks of the date of this last document that Hitler addressed the Reichstag (April 28th, 1939). In his speech he repeated the German demands already made to Poland and proceeded to denounce the German-Polish Agreement of 1934. Leaving aside for the moment the warlike preparations for aggression, which Hitler had set in train behind the scenes, I will ask the Tribunal to consider the nature of the denunciation of an Agreement to which, in the past, Hitler had professed to attach so high an importance.

In the first place Hitler’s denunciation wasper seineffectual, since the text of the Agreement made no provision for its denunciation by either Party until six months before the expiration of the ten years for which it was concluded. No denunciation could be legally affective, therefore, until June or July 1943, and Hitler was speaking on April 28th 1939—more than five years too soon!

In the second place Hitler’s actual attack on Poland when it came on September 1st, 1939, was made before the expiration of the six months period after denunciation required by the Agreement before such a denunciation became operative. In the third place the grounds for his denunciation of the Agreement stated by Hitler in his speech to the Reichstag are entirely specious. However one reads its terms it is impossible to accept the view that the Anglo-Polish guarantee of mutual assistance against aggression could render the Pact null and void. If that were so thencertainly the Pacts already entered into by Hitler with Italy and Japan had already invalidated it, and Hitler might have spared his breath. But the truth is that the text of the German-Polish Agreement contains nothing whatever to support Hitler’s contention.

Why then did Hitler make this trebly invalid attempt to denounce his own pet diplomatic child? Is there any other possible answer but that, the Agreement having served its purpose, the grounds which he put forward were chosen merely in an effort to provide Germany with some justification for the aggression on which she was intent.

For Hitler sorely needed some kind of justification, some apparently decent excuse, since nothing had happened, or was likely to happen, from the Polish side to provide him with it. So far he had made demands upon his Treaty partner which Poland, as a sovereign State had every right to refuse. If dissatisfied with that refusal Hitler was bound, under the terms of the Agreement itself, to “seek a settlement through other peaceful means, without prejudice to the possibility of applying those methods of procedure, in case of necessity, which are provided for such a case in the other agreements between them that are in force”—a reference, it can only be supposed, to the German-Polish Arbitration Treaty signed at Locarno in 1925.

The very fact, therefore, that as soon as the Nazi leader cannot get what he wants, but is not entitled to, from Poland by merely asking for it, and that, on his side, he made no further effort to settle the dispute “by peaceful means” in accordance with the terms of the Agreement and of the Kellogg Pact, to which the Agreement pledged both Parties, in itself creates a strong presumption of aggressive intentions against Hitler and his associates. That presumption becomes a certainty when the documents to which I shall now refer are studied.

On 10th May Hitler issued an order for the capture of economic installations in Poland and on 16th May the Defendant Raeder, as Commander in Chief of the Navy, issued a memorandum setting out the Fuehrer’s instructions to prepare for the operation “Fall Weiss” at any time from the 1st September 1939. (C-120)

But the decisive document is the record of the Conference held by Hitler on May 23d, 1939 with various high-ranking officers, including the defendants Goering, Raeder, and Keitel. Hitler then stated that the solution of the economic problems could not be found without invasion of foreign States and attacks on foreign property.

“Danzig is not the subject of the dispute at all: it is a questionof expanding our living space in the East * * *. There is therefore no question of sparing Poland, and we are left with the decision: to attack Poland at the earliest opportunity. We cannot expect a repetition of the Czech affair. There will be war. Our task is to isolate Poland. The success of this isolation will be decisive. The isolation of Poland is a matter of skillful politics.” (L-79)

He anticipated the possibility that war with England and France might result. But a two-front war was to be avoided if possible. Yet England was recognized as the most dangerous enemy. “England is the driving force against Germany * * * the aim will always be to force England to her knees.” More than once he repeated that the war with England and France would be a life and death struggle. All the same, he concluded, “We shall not be forced into war but we shall not be able to avoid one.”

On the 14th June, 1939, General Blaskowitz, then Commander in Chief of the 3d Army Group, issued a detailed battle plan for the “Fall Weiss” (2327-PS). The following day Von Brauchitsch issued a memorandum in which it was stated that the object of the impending operating was to destroy the Polish Armed Forces. “High Policy demands”—he said—“that the war should be begun by heavy surprise blows in order to achieve quick results (C-126). The preparations proceeded apace. On the 22d June Keitel submitted a preliminary timetable for the operation which Hitler seems to have approved and suggested that the scheduled manouevre must be camouflaged “in order not to disquiet the population”. On the 3d July Brauchitsch wrote to Raeder urging that certain preliminary naval moves should be abandoned in order not to prejudice the surprise of the attack. On the 12th and 13th August Hitler and Ribbentrop had a conference with Ciano, the Italian Foreign Minister.

At the beginning of the conversation Hitler emphasized the strength of the German position, of its western and eastern fortifications and of the strategic and other advantages that they held in comparison with those of England, France, and Poland.

“Since the Poles through their whole attitude had made it clear that in any case in the event of a conflict they would stand on the side of the enemies of Germany and Italy, a quick liquidation at the present moment could only be of advantage for the unavoidable conflict with the Western democracies. If a hostile Poland remained on Germany’s Eastern frontier, not only would the eleven East Prussian divisions be tied down, but also further contingents would be kept in Pomerania and Silesia. This would not be necessaryin the event of a previous liquidation. Generally speaking, the best thing to happen would be for the neutrals to be liquidated one after the other. This process could be carried out more easily if on every occasion one partner of the Axis covered the other while it was dealing with an uncertain neutral. Italy might well regard Yugoslavia as a neutral of this kind.”

Ciano was for postponing the operation. Italy was not ready—she believed that a conflict with Poland would develop into a general European war. Mussolini was convinced that conflict with the Western democracies was inevitable but he was making plans for a period two or three years ahead. But the Fuehrer said that the Danzig question must be settled one way or the other by the end of August. “He had, therefore, decided to use the occasion of the next Polish provocation in the form of an ultimatum.” On the 22d August Hitler called his Supreme Commanders together at Obersalzburg and gave the order for the attack: in the course of what he said he made it clear that the decision to attack had in fact been made not later than the previous spring. He would give a spurious cause for starting the war (1014-PS;L-3). At that time the attack was timed for the early hours of the 26th August. On the day before the British Government, in the hope that Hitler might still be reluctant to plunge the world into war, and in the belief that a formal treaty would impress him more than the informal assurances which had been given previously, entered into an agreement for mutual assistance with Poland, embodying the previous assurances. It was known to Hitler that France was bound by the Franco-Polish Treaty of 1921, and by the Guarantee Pact signed at Locarno in 1925 to intervene in Poland’s aid in case of aggression. For a moment Hitler hesitated. Goering and Ribbentrop agree that it was this Anglo-Polish Treaty which led him to call off, or rather postpone the attack. Perhaps he hoped that there was still some chance of repeating, after all, what he had called the Czech affair. If so, his hopes were short-lived.

On the 27th August Hitler accepted Mussolini’s decision not at once to come into the war, but asked for propaganda support and a display of military activities to create uncertainty in the minds of the Allies. Ribbentrop on the same day said that the Armies were marching.

In the meantime, of course, and particularly in the last month, desperate attempts had been made by the Western Powers to avert war. You will have details of them in evidence. Of the intervention of the Pope. Of President Roosevelt’s message. Of the offer by Mr. Chamberlain to do our utmost to create the conditions in which all matters in issue could be the subject of freenegotiations and to guarantee the resultant decisions. This and all the other efforts of honest men to avoid the horror of a European war were predestined to failure. The Germans were determined that the day for war had come. On the 31st August Hitler issued a top secret order for the attack to commence in the early hours of the 1st September. The necessary frontier incidents duly occurred—was it for these that Keitel had been instructed by Hitler to supply Heydrich with Polish uniforms?—and thus, without a declaration of war, without even giving the Polish Government an opportunity of seeing Germany’s final demands the Nazi troops invaded Poland. On the 3d September, Hitler sent a telegram to Mussolini thanking him for his intervention but pointing out that the war was inevitable and that the most promising moment had to be picked after cold deliberation (1831-PS). And so Hitler and his Confederates now before this Tribunal began the first of their wars of aggression for which they had prepared so long and so thoroughly. They waged it so fiercely that within a few weeks Poland was overrun.

On the 23d November 1939 Hitler reviewed the situation to his military Commanders and in the course of his speech he said this:

“One year later Austria came; this step was also considered doubtful. It brought about a tremendous reinforcement of the Reich. The next step was Bohemia, Moravia, and Poland. This step also was not possible to accomplish in one campaign. First of all the Western fortifications had to be finished * * *. Then followed the creation of the Protectorate and with that the basis of action against Poland was laid. But I wasn’t quite clear at that time whether I should start first against the East and then in the West or vice versa. The decision came to fight with Poland first. One might accuse me of wanting to fight again and again. In struggle, I see the fate of all human beings.” (789-PS)

He was not sure when to attack first. But that sooner or later he would attack was never in doubt, and he had been warned not only by the British and French Prime Ministers but even by his confederate Mussolini that an attack on Poland would bring England and France into the war. He chose what he considered the opportune moment—and he struck.

In these circumstances the intent to wage war against England and France, and to precipitate it by an attack on Poland, is not to be denied. Here was defiance of the most solemn treaty obligations: here was neglect of the most pacific assurances. Here was aggression, naked and unashamed, which was indeed toarouse the horrified and heroic resistance of all civilized peoples but which was to tear down many of the pillars of our civilization.

Once started upon the active achievement of their plan to secure the domination of Europe, if not of the world, the Nazi Government proceeded to attack other countries, as occasion offered. The first actually to be invaded after the attack on Poland were Denmark and Norway.

On the 9th April 1940 the German Armed Forces invaded Norway and Denmark without warning, without any declaration of war. It was a breach of the Hague Convention of 1907. It was a breach of the Convention of Arbitration and Conciliation between Germany and Denmark dated 2d June, 1926. It was, of course, a breach of the Briand-Kellogg Pact of 1928. It was a violation of the Nonaggression Treaty between Germany and Denmark made on the 31st May 1939. And it was a breach of the most explicit assurances which had been given. After his annexation of Czechoslovakia had shaken the confidence of the world, Hitler attempted to reassure the Scandinavian States. On the 28th April, 1939, he affirmed that he had never made any request to them which was incompatible with their sovereignty and independence. On the 31st May, 1939, he signed a nonaggression Pact with Denmark.

On the 2d September, the day after he had invaded Poland and seized Danzig, he again expressed his determination to observe the inviolability and integrity of Norway in an aide memoire which was handed to the Norwegian Foreign Minister by the German Minister in Oslo on that day. (TC-31)

A month later, on the 6th October 1939, he said in a public speech:

“Germany has never had any conflicts of interest or even points of controversy with the Northern States, neither has she any today. Sweden and Norway have both been offered nonaggression pacts by Germany and have both refused them solely because they do not feel themselves threatened in any way.”

When the invasion of Norway and Denmark had already begun in the early morning of the 9th April, a German memorandum was handed to the Governments of those countries attempting to justify the German action. Various allegations against the Governments of the invaded countries were made. It was said that Norway had been guilty of breaches of neutrality. It was said that she had allowed and tolerated the use of her territorial waters by Great Britain. It was said that Britain and France were making plans themselves to invade and occupy Norwayand that the Government of that country was prepared to acquiesce in such an event.

I do not propose to argue the question whether or not those allegations were true or false. That question is irrelevant to the issue before this Court. Even if the allegations were true (and they were patently false), they would afford no conceivable justification for the action of invading without warning, without declaration of war and without any attempt at mediation or conciliation. Aggressive war is none the less aggressive war because the State which wages it believes that other states may take similar action. The rape of a nation is not justified because it is thought she may be raped by another. Nor even in self-defense are warlike measures justified except after all means of mediation have failed and force is actually being exercised against the State concerned.

In actual fact, with the evidence which we now possess it is clear that the invasion of these countries was undertaken for quite different purposes, that it had been planned long before any question of breach of neutrality or occupation of Norway by England could ever have occurred. It is clear also that the assurances repeated again and again throughout the year 1939 were made for no other purpose than to lull suspicion in those countries and to prevent them taking steps to resist the attack against them which was under active preparation.

For some years, Rosenberg, in his capacity of Chief of the Foreign Affairs Bureau (APA) of the NSDAP, had interested himself in the promotion of fifth column activities in Norway, and close relationship was established with the “Nasjonal Samling”, a political group headed by the now notorious traitor, Vidkun Quisling (007-PS). During the winter of 1938/39, APA was in contact with Quisling and later Quisling conferred with Hitler, Raeder, and Rosenberg. In August 1939 a special 14 day course was held at the school of the office of Foreign Relations in Berlin for 25 followers whom Quisling had selected to attend. The plan was to send a number of selected and “reliable” men to Germany for a brief military training in an isolated camp. These were to be area and language specialists to German special troops who were taken to Oslo on coal barges to undertake political action in Norway. The object was a coup in which Quisling would seize his leading opponents in Norway, including the King, and prevent all military resistance from the beginning. Simultaneously Germany was making military preparations. On the 2d September, 1939; Hitler had assured Norway of his intention to respect her neutrality, and on 6th October he said that theScandinavian States were not menaced in any way, yet on 3d October 1939 Raeder was pointing out that the occupation of bases, if necessary by force, would greatly improve the strategic and economic position (1546-PS). On the 9th October Doenitz was recommending Trondheim as the main base with Narvik as an alternative base for fuel supplies. Rosenberg was reporting shortly afterwards on the possibility of a coup d’état by Quisling immediately supported by German military and naval forces. On the 12th December 1939 Raeder advised Hitler, in the presence of Keitel and Jodl, that if Hitler was favourably impressed by Quisling, OKW should prepare for the occupation of Norway, if possible with Quisling’s assistance, but if necessary entirely by force. Hitler agreed but there was a doubt whether action should be taken against the Low Countries or Scandinavia first. Weather conditions delayed the march against the Low Countries. In January instructions were given to the Germany Navy for the attack on Norway, and on March 1st, 1940, a Directive for the occupation was issued by Hitler. The general objective was not said to be to prevent occupation by English Forces but in vague and general terms to prevent British encroachment in Scandinavia and the Baltic and “to guarantee our ore bases in Sweden and give our Navy and Air Force a wider start line against Britain.” But the Directive went on:

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