Chapter IXLAUNCHING OF WARS OF AGGRESSION

“* * * if war should break out tomorrow we would be forced to take measures from which we might possibly still shy away at the present moment. They are therefore to be taken.” (EC-416)

“* * * if war should break out tomorrow we would be forced to take measures from which we might possibly still shy away at the present moment. They are therefore to be taken.” (EC-416)

The extreme urgency was manifested by Goering’s remark that

“* * * existent reserves will have to be touched for the purpose of carrying us over this difficulty until the goal ordered by the Fuehrer has been reached; in case of war they are not a reliable backing in any case.” (EC-416)

“* * * existent reserves will have to be touched for the purpose of carrying us over this difficulty until the goal ordered by the Fuehrer has been reached; in case of war they are not a reliable backing in any case.” (EC-416)

Schacht was advised by a top secret letter dated 31 August 1936 that Hitler ordered all formations of the air force to be ready by 1 April 1937. (1301-PS)

After their successes in Austria and the Sudetenland, the Nazi conspirators redoubled their efforts to equip themselves for the war of aggression which they planned to launch. In a conference on 14 October 1938, shortly before the Nazis made their first demands on Poland, Goering stated:

“* * * Everybody knows from the press what the world situation looks like, and therefore the Fuehrer has issued an order to him to carry out a gigantic program compared to which previous achievements are insignificant. There are difficulties in the way which he will overcome with the utmost energy and ruthlessness.” (1301-PS)

“* * * Everybody knows from the press what the world situation looks like, and therefore the Fuehrer has issued an order to him to carry out a gigantic program compared to which previous achievements are insignificant. There are difficulties in the way which he will overcome with the utmost energy and ruthlessness.” (1301-PS)

The supply of foreign currency had sunken because of preparations for the invasion of Czechoslovakia. Replenishment was considered necessary. At the same conference, on 14 October 1938, Goering declared:

“These gains made through the export are to be used for an increased armament. The armament should not be curtailed by export activities.” (1301-PS)

“These gains made through the export are to be used for an increased armament. The armament should not be curtailed by export activities.” (1301-PS)

Goering had received the order from the Fuehrer to increase armaments to an abnormal extent, the air force having first priority, and interpreted it as follows:

“Within the shortest time, the air force should be increased five fold; also the navy should create war weapons more rapidly, and the army should produce large amounts of war weapons at a faster rate, particularly heavy artillery and heavy tanks. Along with this a larger production of armaments must go, especially fuel, rubber, powders and explosives must be moved to the foreground. This should be coupled with an accelerated expansion of highways, canals, and particularly of the railroads.” (1301-PS)

“Within the shortest time, the air force should be increased five fold; also the navy should create war weapons more rapidly, and the army should produce large amounts of war weapons at a faster rate, particularly heavy artillery and heavy tanks. Along with this a larger production of armaments must go, especially fuel, rubber, powders and explosives must be moved to the foreground. This should be coupled with an accelerated expansion of highways, canals, and particularly of the railroads.” (1301-PS)

In the course of these preparations for war, a clash of wills ensued between Goering and Schacht, as a result of which Schacht resigned his position as head of the Ministry of Economics and Plenipotentiary for the War Economy in November 1937. He was removed from the presidency of the Reichsbank in January 1939. Regardless of the details of this controversy, Schacht’s departure in no way implied any disagreement with the major war aims of the Nazis. Schacht took particular pride in his vast attainments in the financial and economic fields in aid of the Nazi war machine. In a letter to General Thomas Schacht wrote:

“I think back with much satisfaction to the work in the Ministry of Economics which afforded me the opportunity to assist in the rearmament of the German people in the most critical period, not only in the financial but also in the economic sphere. I have always considered a rearmament of the German people as conditionsine qua nonof the establishment of a new German nation.” (EC-257)

“I think back with much satisfaction to the work in the Ministry of Economics which afforded me the opportunity to assist in the rearmament of the German people in the most critical period, not only in the financial but also in the economic sphere. I have always considered a rearmament of the German people as conditionsine qua nonof the establishment of a new German nation.” (EC-257)

In a letter written to General Von Blomberg, on 8 July 1937, Schacht wrote:

“The direction of the war economy by the plenipotentiary would in that event never take place entirely independent from the rest of the war mechanism but would be aimed at accomplishment of the political war purpose with the assistance of all economic forces. I am entirely willing, therefore, to participate in this way in the preparation of the forthcoming order giving effect to the Defense Act.” (EC-252)

“The direction of the war economy by the plenipotentiary would in that event never take place entirely independent from the rest of the war mechanism but would be aimed at accomplishment of the political war purpose with the assistance of all economic forces. I am entirely willing, therefore, to participate in this way in the preparation of the forthcoming order giving effect to the Defense Act.” (EC-252)

In the spring of 1937, Schacht participated with representatives of the three branches of the armed forces in “war games in war economy” at Godesberg. A report of these exercises, entitled “War economy tasks in Godesberg undertaken by General Staff between the 25th of May and the 2nd of June,” records the speech welcoming Dr. Schacht:

“Before I start with the discussion of the war game in war economy, I have to express how grateful we all are that you, President Dr. Schacht, have gone to the trouble personally to participate in our final discussion today despite all your other activities. This proves to us your deep interest in war economy tasks shown at all times and your presence is renewed proof that you are willing to facilitate for us soldiers the difficult war-economic preparations and to strengthen the harmonious cooperation with your offices.”*            *            *            *            *            *“I want to point out, however, that all matters and allinformation received has to be kept in strictest secrecy * * *.” (EC-174)

“Before I start with the discussion of the war game in war economy, I have to express how grateful we all are that you, President Dr. Schacht, have gone to the trouble personally to participate in our final discussion today despite all your other activities. This proves to us your deep interest in war economy tasks shown at all times and your presence is renewed proof that you are willing to facilitate for us soldiers the difficult war-economic preparations and to strengthen the harmonious cooperation with your offices.”

*            *            *            *            *            *

“I want to point out, however, that all matters and allinformation received has to be kept in strictest secrecy * * *.” (EC-174)

The annexation of Austria was apparently a goal which Schacht had long sought, for in a speech to the employees of the former Austrian National Bank he declared:

“* * * Austria has certainly a great mission, namely, to be the bearer of German culture, to insure respect and regard for the German name, especially in the direction of the southeast. Such a mission can only be performed within the Great German Reich and based on the power of a nation of 75 millions, which, regardless of the wish of the opponents, forms the heart and the soul of Europe.”*            *            *            *            *            *“We have read a lot in the foreign press during the last few days that this aim, the union of both countries, is to a certain degree justified, but that the methods of effecting this union was terrible. This method which certainly did not suit one or the other power was nothing but the consequence of countless perfidies and brutal acts and violence which foreign countries have practiced against us * * *.”*            *            *            *            *            *“* * * I am known for sometimes expressing thoughts which give offense and there I would not like to depart from this consideration. I know that there are even in this country a few people—I believe they are not too numerous—who find fault with the events of the last few days, but nobody, I believe, doubts the goal, and it should be said to all grumblers that you can’t satisfy everybody. One person says he would have done it maybe one way, but the remarkable thing is that they did not do it, and that it was only done by our Adolf Hitler; and if there is still something left to be improved, then those grumblers should try to bring about these improvements from the German Reich, and within the German community, but not to disturb us from without.” (EC-297-A)

“* * * Austria has certainly a great mission, namely, to be the bearer of German culture, to insure respect and regard for the German name, especially in the direction of the southeast. Such a mission can only be performed within the Great German Reich and based on the power of a nation of 75 millions, which, regardless of the wish of the opponents, forms the heart and the soul of Europe.”

*            *            *            *            *            *

“We have read a lot in the foreign press during the last few days that this aim, the union of both countries, is to a certain degree justified, but that the methods of effecting this union was terrible. This method which certainly did not suit one or the other power was nothing but the consequence of countless perfidies and brutal acts and violence which foreign countries have practiced against us * * *.”

*            *            *            *            *            *

“* * * I am known for sometimes expressing thoughts which give offense and there I would not like to depart from this consideration. I know that there are even in this country a few people—I believe they are not too numerous—who find fault with the events of the last few days, but nobody, I believe, doubts the goal, and it should be said to all grumblers that you can’t satisfy everybody. One person says he would have done it maybe one way, but the remarkable thing is that they did not do it, and that it was only done by our Adolf Hitler; and if there is still something left to be improved, then those grumblers should try to bring about these improvements from the German Reich, and within the German community, but not to disturb us from without.” (EC-297-A)

A memorandum of 7 January 1939, written by Schacht and other directors of the Reichsbank to Hitler, urged a balancing of the budget in view of the threatening danger of inflation. The memorandum continued:

“* * * From the beginning the Reichsbank has been aware of the fact that a successful foreign policy can be attained only by the reconstruction of the German armed forces. It [the Reichsbank] therefore assumed to a very great extent the responsibility to finance the rearmamentin spite of the inherent dangers to the currency. The justification thereof was the necessity, which pushed all other considerations into the background, to carry through the armament at once, out of nothing, and furthermore under camouflage, which made a respect-commanding foreign policy possible.” (EC-369)

“* * * From the beginning the Reichsbank has been aware of the fact that a successful foreign policy can be attained only by the reconstruction of the German armed forces. It [the Reichsbank] therefore assumed to a very great extent the responsibility to finance the rearmamentin spite of the inherent dangers to the currency. The justification thereof was the necessity, which pushed all other considerations into the background, to carry through the armament at once, out of nothing, and furthermore under camouflage, which made a respect-commanding foreign policy possible.” (EC-369)

The Reichsbank directors, as experts on money, believed that a point had been reached where greater production of armaments was no longer possible. That was merely a judgment on the situation and not a moral stand, for there was no opposition to Hitler’s policy of aggression. Doubts were merely entertained as to whether that policy could be financed. Hitler’s letter to Schacht on the occasion of Schacht’s departure from the Reichsbank paid high tribute to Schacht’s great efforts in furthering the program of the Nazi conspirators. The armed forces by now had enabled Hitler to take Austria and the Sudetenland. Hitler, in his letter to Schacht declared:

“Your name, above all, will always be connected with the first epoch of national rearmament.” (EC-397)

“Your name, above all, will always be connected with the first epoch of national rearmament.” (EC-397)

Even though dismissed from the presidency of the Reichsbank, Schacht was retained as a minister without portfolio and special confidential adviser to Hitler. Funk stepped into Schacht’s position as president of the Reichsbank (Voelkisher Beobachterof 21 January 1939). Funk was uninhibited by fears of inflation, and like Goering, under whom he had served in the Four Year Plan, he recognized no obstacles to the plan to attack Poland. In a letter written on 25 August 1939, only a few days before the attack on Poland, Funk reported to Hitler that the Reichsbank was prepared to withstand any disturbances of the international currency and credit system occasioned by a large-scale war. He said that he had secretly transferred all available funds of the Reichsbank abroad into gold, and that Germany stood ready to meet the financial and economic tasks which lay ahead. (699-PS)

It seems clear that the Nazi conspirators directed the whole of the German economy toward preparation for aggressive war. To paraphrase the words of Goering, the conspirators gave the German people “guns instead of butter.” They also gave history its most striking example of a nation gearing itself in time of peace to the single purpose of aggressive war. Their economic preparations, formulated and applied with the energy of Goering, the financial wizardry of Schacht, and the willing complicity of Funk, among others, were the indispensable prerequisites for their subsequent campaign of aggression.

Chapter IXLAUNCHING OF WARS OF AGGRESSION

The aggressive war phase of the case against the Nazi conspirators is, in the view of the American prosecution, the heart of the case. Everything else in this case, however dramatic, however sordid, however shocking and revolting to the common instinct of civilized peoples, is incidental or subordinate to, the fact of aggressive war.

All the dramatic story of what went on in Germany in the early phases of the conspiracy—the ideologies used, the techniques of terror used, the suppressions of human freedom employed in the seizure of power, and even the concentration camps and the crimes against humanity, the persecutions, tortures and murders committed—all these things would have had little international juridical significance except for the fact that they were the preparation for the commission of aggressions against peaceful neighboring peoples. Even the aspects of the case involving “war crimes” in the strict sense are merely the inevitable, proximate result of the wars of aggression launched and waged by these conspirators, and of the kind of warfare they waged. It was total war, the natural result of the totalitarian party-dominated state that waged it; it was atrocious war, the natural result of the doctrines, designs and purposes of the Nazi conspirators.

The substantive rule of law which is controlling on this part of the case is stated in Article 6 of the Charter of the International Military Tribunal, which, so far as is pertinent here, reads as follows:

“Article 6.The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, either as individuals or as members of organizations, committed any of the following crimes.“The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:“(a)Crimes against peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing * * *”“Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.”

“Article 6.The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, either as individuals or as members of organizations, committed any of the following crimes.

“The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:

“(a)Crimes against peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing * * *”

“Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.”

Five important principles are contained in these portions of the Charter:

(1)  The Charter imposes “individual responsibility” for acts constituting “crimes against peace”;

(2)  The term “Crimes against peace” embraces planning, preparation, initiation, or waging of illegal war;

(3)  The term “Crimes against peace” also embraces participation in a common plan or conspiracy to commit illegal war;

(4)  An illegal war consists of either a war of aggression, or a war in violation of international treaties, agreements, or assurances; (these two kinds of illegal war might not necessarily be the same; it will be sufficient for the prosecution to show either that the war was aggressive irrespective of breach of international treaties, agreements or assurances, or that the war was in violation of international treaties, agreements or assurances irrespective of whether or not it was a war of aggression; but the American prosecution will undertake to establish that the wars planned, prepared, initiated, and waged by the Nazi conspirators were illegal for both reasons);

(5)  Individual criminal responsibility of a defendant is imposed by the Charter not merely by reasons of direct, immediate participation in the crime. It is sufficient to show that a defendant was a leader, an organizer, instigator, or accomplice who participated either in the formulation or in the execution of a common plan or conspiracy to commit crimes against peace. In this connection, the Charter declares that the responsibility of conspirators extends not only to their own acts but also to all acts performed by any persons in execution of the conspiracy.

It is familiar law in the United States that if two or more persons set out to rob a bank in accordance with a criminal scheme to that end, and in the course of carrying out their scheme one of the conspirators commits the crime of murder, all the participants in the planning and execution of the bank robbery are guilty of murder, whether or not they had any other personal participation in the killing. This is a simple rule of law declared in the Charter. All the parties to a common plan or conspiracy are the agents of each other and each is responsible as principal for the acts of all the others as his agents.

The documentary evidence assembled on this aggressive waraspect of the case will show the following: (1) the conspiratorial nature of the planning and preparation which underlay the Nazi aggressions already known to history; (2) the deliberate premeditation which preceded those acts of aggression; (3) the evil motives which led to the attacks; (4) the individual participation of named persons in the Nazi conspiracy for aggression; (5) the deliberate falsification of the pretexts claimed by the Nazi aggressors as they arose for their criminal activities.

The critical period between the Nazi seizure of power and the initiation of the first war of aggression was very short. This critical period of illegal preparation and scheming, which ultimately set the whole world aflame, covered 6 years, from 1933 to 1939. Crowded into these 6 short years is the making of tragedy for mankind.

A full understanding of these 6 years, and the 6 years of war that followed, requires that this period be divided into phases that reflect the development and execution of the Nazi master plan. These phases may be said to be six. The first was primarily preparatory, although it did involve overt acts. That phase covers roughly the period from 1933 to 1936. In that period the Nazi conspirators, having acquired government control of Germany by the middle of 1933, turned their attention toward utilization of that control for foreign aggression. Their plan at this stage was to acquire military strength and political bargaining power to be used against other nations. In this they succeeded.

The second phase of their aggression was shorter. As the conspiracy gained strength it gained speed. During each phase the conspirators succeeded in accomplishing more and more in less and less time until toward the end of the period, the rate of acceleration of their conspiratorial movement was enormous. The second phase of their utilization of control for foreign aggression involved the actual seizure and absorption of Austria and Czechoslovakia, in that order. By March 1939 they had succeeded in this phase.

The third phase may be measured in months rather than years, from March to September 1939. The previous aggression being successful and having been consummated without the necessity of resorting to actual war, the conspirators had obtained much desired resources and bases and were ready to undertake further aggressions by means of war, if necessary. By September 1939 war was upon the world.

The fourth phase of the aggression consisted of expanding the war into a general European war of aggression. By April 1941 the war which had theretofore involved Poland, the United Kingdom,and France, had been expanded by invasions into Scandinavia and into the Low Countries and into the Balkans.

In the next phase the Nazi conspirators carried the war eastward by invasion of the territory of the Union of Soviet Socialist Republics. The sixth phase consisted of collaboration with and instigation of their Pacific ally, Japan, and precipitated the attack on the United States at Pearl Harbor.

The essential elements of the crime of aggressive war can be made out by a mere handful of captured German documents. These documents will leave no reasonable doubt concerning the aggressive character of the Nazi war or concerning the conspiratorial premeditation of that war. After the corpus of the crime has been demonstrated in this way, the documentary evidence will be discussed in subsequent sections, in a more or less chronological and detailed presentation of the relevant activities of the conspirators from 1933 to 1941.

Each of the ten documents which will be discussed in this section has been selected to establish the basic facts concerning a particular phase of the development of the Nazi conspiracy for aggression. Each document has met three standards of selection: each is conspiratorial in nature; each is believed to have been hitherto unknown to history; and each is self-contained and tells its own story.

A.1933 to 1936.

The period of 1933 to 1936 was characterized by an orderly, planned sequence of preparation for war. The essential objective of this period was the formulation and execution of the plan to rearm and re-occupy and fortify the Rhineland, in violation of the treaty of Versailles and other treaties, in order to acquire military strength and political bargaining powers to be used against other nations.

A secret speech of Hitler’s delivered to all supreme commanders on 23 November 1939, at 1200 hours, is sufficient to characterize this phase of the Nazi conspiracy (789-PS). The report of the speech was found in the OKW files captured at Flensberg. Hitler spoke as follows:

“November 23, 1939, 1200 hours. Conference with the Fuehrer, to which all Supreme Commanders are ordered. The Fuehrer gives the following speech:“The purpose of this conference is to give you an idea of the world of my thoughts, which takes charge of me, in the face of future events, and to tell you my decisions. The building up of our armed forces was only possible in connectionwith the ideological [weltanschaulich] education of the German people by the Party.“When I started my political task in 1919, my strong belief in final success was based on a thorough observation of the events of the day and the study of the reasons for their occurrence. Therefore, I never lost my belief in the midst of setbacks which were not spared me during my period of struggle. Providence has had the last word and brought me success. On top of that, I had a clear recognition of the probable course of historical events, and the firm will to make brutal decisions. The first decision was in 1919 when I after long internal conflict became a politician and took up the struggle against my enemies. That was the hardest of all decisions. I had, however, the firm belief that I would arrive at my goal. First of all, I desired a new system of selection. I wanted to educate a minority which would take over the leadership. After 15 years I arrived at my goal, after strenuous struggles and many setbacks. When I came to power in 1933, a period of the most difficult struggle lay behind me. Everything existing before that had collapsed. I had to reorganize everything beginning with the mass of the people and extending it to the armed forces. First reorganization of the interior, abolishment of appearances of decay and defeatist ideas, education to heroism. While reorganizing the interior, I undertook the second task: to release Germany from its international ties. Two particular characteristics are to be pointed out: secession from the League of Nations and denunciation of the disarmament conference. It was a hard decision. The number of prophets who predicted that it would lead to the occupation of the Rhineland was large, the number of believers was very small. I was supported by the nation, which stood firmly behind me, when I carried out my intentions. After that the order for rearmament. Here again there were numerous prophets who predicted misfortunes, and only a few believers. In 1935 the introduction of compulsory armed service. After that militarization of the Rhineland, again a process believed to be impossible at that time. The number of people who put trust in me was very small. Then beginning of the fortification of the whole country especially in the west.“One year later, Austria came. This step also was considered doubtful. It brought about a considerable reinforcement of the Reich. The next step was Bohemia, Moravia and Poland. This step also was not possible to accomplish in onecampaign. First of all, the western fortification had to be finished. It was not possible to reach the goal in one effort. It was clear to me from the first moment that I could not be satisfied with the Sudeten-German territory. That was only partial solution. The decision to march into Bohemia was made. Then followed the erection of the Protectorate, and with that basis for the 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”. (789-PS)

“November 23, 1939, 1200 hours. Conference with the Fuehrer, to which all Supreme Commanders are ordered. The Fuehrer gives the following speech:

“The purpose of this conference is to give you an idea of the world of my thoughts, which takes charge of me, in the face of future events, and to tell you my decisions. The building up of our armed forces was only possible in connectionwith the ideological [weltanschaulich] education of the German people by the Party.

“When I started my political task in 1919, my strong belief in final success was based on a thorough observation of the events of the day and the study of the reasons for their occurrence. Therefore, I never lost my belief in the midst of setbacks which were not spared me during my period of struggle. Providence has had the last word and brought me success. On top of that, I had a clear recognition of the probable course of historical events, and the firm will to make brutal decisions. The first decision was in 1919 when I after long internal conflict became a politician and took up the struggle against my enemies. That was the hardest of all decisions. I had, however, the firm belief that I would arrive at my goal. First of all, I desired a new system of selection. I wanted to educate a minority which would take over the leadership. After 15 years I arrived at my goal, after strenuous struggles and many setbacks. When I came to power in 1933, a period of the most difficult struggle lay behind me. Everything existing before that had collapsed. I had to reorganize everything beginning with the mass of the people and extending it to the armed forces. First reorganization of the interior, abolishment of appearances of decay and defeatist ideas, education to heroism. While reorganizing the interior, I undertook the second task: to release Germany from its international ties. Two particular characteristics are to be pointed out: secession from the League of Nations and denunciation of the disarmament conference. It was a hard decision. The number of prophets who predicted that it would lead to the occupation of the Rhineland was large, the number of believers was very small. I was supported by the nation, which stood firmly behind me, when I carried out my intentions. After that the order for rearmament. Here again there were numerous prophets who predicted misfortunes, and only a few believers. In 1935 the introduction of compulsory armed service. After that militarization of the Rhineland, again a process believed to be impossible at that time. The number of people who put trust in me was very small. Then beginning of the fortification of the whole country especially in the west.

“One year later, Austria came. This step also was considered doubtful. It brought about a considerable reinforcement of the Reich. The next step was Bohemia, Moravia and Poland. This step also was not possible to accomplish in onecampaign. First of all, the western fortification had to be finished. It was not possible to reach the goal in one effort. It was clear to me from the first moment that I could not be satisfied with the Sudeten-German territory. That was only partial solution. The decision to march into Bohemia was made. Then followed the erection of the Protectorate, and with that basis for the 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”. (789-PS)

There are some curious antitheses of thought in that, speech, as in most of Adolf Hitler’s speeches. In one sentence he combines guidance by providence with the making of “brutal decisions.” He constantly speaks of how very few people were with him, and yet the mass of the German people were with him. But he does give a brief summary of this early period: the organization of the mass of the people, the extension of organization to the armed forces, and the various “brutal decisions” that were made.

A top secret letter dated 24 June 1935, from General von Blomberg to the Supreme Commanders of the Army, Navy, and Air Forces demonstrates the preparations for war in which the Nazi conspirators were engaged during this period. Attached to that letter is a copy of a Secret Reich Defense law of 21 May 1935, and a copy of a decision of the Reichcabinet of 21 May 1935 on the Council for the Defense of the Reich (2261-PS). These documents were captured in the OKW files at Fechenheim. Von Blomberg’s letter reads as follows:

“In the appendix I transmit one copy each of the law for the defense of the Reich of the 21 May 1935, and of a decision of the Reich Cabinet of 21 May 1935 concerning the Reich’s Defense Council. The publication of the Reich’s defense law is temporarily suspended by order of the Fuehrer and Reich Chancellor.“The Fuehrer and the Reichschancellor has nominated the President of the directorate of the Reichsbank, Dr. Schacht to be ‘Plenipotentiary-General for War economy’.“I request that the copies of the Reich’s defense law needed within the units of the armed forces be ordered before 1 July 1935 at armed forces office (L) where it is to be established with the request that the law should only be distributed down to Corps Headquarters outside of the Reichministry of war.“I point out the necessity of strictest secrecy once more.” (2261-PS)

“In the appendix I transmit one copy each of the law for the defense of the Reich of the 21 May 1935, and of a decision of the Reich Cabinet of 21 May 1935 concerning the Reich’s Defense Council. The publication of the Reich’s defense law is temporarily suspended by order of the Fuehrer and Reich Chancellor.

“The Fuehrer and the Reichschancellor has nominated the President of the directorate of the Reichsbank, Dr. Schacht to be ‘Plenipotentiary-General for War economy’.

“I request that the copies of the Reich’s defense law needed within the units of the armed forces be ordered before 1 July 1935 at armed forces office (L) where it is to be established with the request that the law should only be distributed down to Corps Headquarters outside of the Reichministry of war.

“I point out the necessity of strictest secrecy once more.” (2261-PS)

Underneath von Blomberg’s signature is an indorsement, “Berlin,3 September 1935; No. 1820/35 L Top Secret II a. To Defense-Economic Group G-3, copy transmitted (signed) Jodl.” (2261-PS)

Attached to this letter is the statute referred to as the Reich’s Defense Law of 21 May 1935, enacted by the Reichscabinet. The law covers in detail preparations for a state of defense, mobilization, and appointment of the Plenipotentiary-General for War Economy (Schacht) with plenipotentiary authority for the economic preparation of the war. Part III provides for penalties. The law is signed, “The Fuehrer and Reichschancellor, Adolf Hitler; the Reichsminister of War, von Blomberg; the Reichsminister of the Interior, Frick.” At the bottom of it there is this note:

“Note on the law for the defense of the Reich of 21 May 1935.“The publication of the law for the defense of the Reich of 21 May 1935 will be suspended. The law became effective 21 May 1935.“The Fuehrer and Reichschancellor, Adolf Hitler.” (2261-PS)

“Note on the law for the defense of the Reich of 21 May 1935.

“The publication of the law for the defense of the Reich of 21 May 1935 will be suspended. The law became effective 21 May 1935.

“The Fuehrer and Reichschancellor, Adolf Hitler.” (2261-PS)

Thus, although the publication itself stated the law was made public, and although the law became effective immediately, publication was suspended by Adolf Hitler.

There was also further attached to von Blomberg’s letter a copy of the decision of the Reichscabinet of 21 May 1935 on the Council for the Defense of the Realm. This decree deals largely with organization for economic preparation for the war. This law of May 1935 was the cornerstone of war preparations of the Nazi conspirators, and makes clear the relationship of Schacht to this preparation. (2261-PS)

B.Formulation and Execution of Plans to Invade Austria and Czechoslovakia.

The next phase of aggression was the formulation and execution of plans to attack Austria and Czechoslovakia, in that order.

One of the most striking and revealing of all the captured documents which have come to hand is one which has come to be known as the Hossbach notes of a conference in the Reichs Chancellery on 5 November 1937 from 1615 to 2030 hours (386-PS). In the course of that meeting Hitler outlined to those present the possibilities and necessities of expanding their foreign policy, and requested, “That his statements be looked upon in the case of his death as his last will and testament.” The recorder of the minutes of this meeting, Colonel Hossbach, was the Fuehrer’s adjutant. Present at this conspiratorial meeting, among others, were ErichRaeder, Constantin von Neurath, and Hermann Wilhelm Goering. The minutes of this meeting reveal a crystalization towards the end of 1937 in the policy of the Nazi regime (386-PS). Austria and Czechoslovakia were to be acquired by force. They would provide “lebensraum” (living space) and improve Germany’s military position for further operations. While it is true that actual events unfolded themselves in a somewhat different manner than that outlined at this meeting, in essence the purposes stated at the meeting were carried out. These notes, which destroy any possible doubt concerning the Nazi’s premeditation of their crimes against peace, read as follows:

“Berlin, 10 November 1937. Notes on the conference in the Reichskanzlei on 5 November 1937 from 1615 to 2030 hours.“Present: The Fuehrer and Reich Chancellor;“The Reichsminister for War, Generalfeldmarschall v. Blomberg;“The C-in-C Army, Generaloberst Freiherr v. Fritsch;“The C-in-C Navy, Generaladmiral Dr. h.c. Raeder;“The C-in-C Luftwaffe, Generaloberst Goering;“The Reichsminister for Foreign Affairs, Freiherr v. Neurath;“Oberst Hossbach [the adjutant who took the minutes].“The Fuehrer stated initially that the subject matter of today’s conference was of such high importance, that its detailed discussion would certainly in other states take place before the Cabinet in full session. However, he, the Fuehrer, had decided not to discuss this matter in the larger circle of the Reich Cabinet, because of its importance. His subsequent statements were the result of detailed deliberations and of the experiences of his four and a half years in government; he desired to explain to those present his fundamental ideas on the possibilities and necessities of expanding our foreign policy and in the interests of a far-sighted policy he requested that his statements be looked upon in the case of his death as his last will and testament.“The Fuehrer then stated: The aim of German policy is the security and the preservation of the nation and its propagation. This is consequently a problem of space. The German nation comprises eighty-five million people, which, because of the number of individuals and the compactness of habitation form a homogeneous European racial body, the like of which can not be found in any other country. On the other hand it justifies the demand for larger living space more thanfor any other nation. If there have been no political consequences to meet the demands of this racial body for living space then that is the result of historical development spread over several centuries and should this political condition continue to exist, it will represent the greatest danger to the preservation of the German nation at its present high level. An arrest of the deterioration of the German element in Austria and in Czechoslovakia is just as little possible as the preservation of the present state in Germany itself.“Instead of growth, sterility will be introduced, and as a consequence, tensions of a social nature will appear after a number of years, because political and philosophical ideas are of a permanent nature only as long as they are able to produce the basis for the realization of the actual claim of existence of a nation. The German future is therefore dependent exclusively on the solution of the need for living space. Such a solution can be sought naturally only for a limited period, about one to three generations.“Before touching upon the question of solving the need for living space, it must be decided whether a solution of the German position with a good future can be attained, either by way of an autarchy or by way of an increased share in universal commerce and industry.“Autarchy: Execution will be possible only with strict National-Socialist State policy, which is the basis; assuming this can be achieved the results are as follows:“A. In the sphere of raw materials, only limited, but not total autarchy can be attained:“1. Wherever coal can be used for the extraction of raw materials autarchy is feasible.“2. In the case of ores the position is much more difficult. Requirements in iron and light metals can be covered by ourselves. Copper and tin, however, can not.“3. Cellular materials can be covered by ourselves as long as sufficient wood supplies exist. A permanent solution is not possible.“4. Edible fats—possible.“B. In the case of foods, the question of an autarchy must be answered with a definite NO.“The general increase of living standards, compared with thirty to forty years ago, brought about a simultaneous increase of the demand and an increase of personal consumption even among the producers, the farmers, themselves. The proceeds from the production increase in agriculturehave been used for covering the increased demand, therefore they represent no absolute increase in production. A further increase in production by making greater demands on the soil is not possible because it already shows signs of deterioration due to the use of artificial fertilizers, and it is therefore certain that, even with the greatest possible increase in production, participation in the world market could not be avoided.“The considerable expenditure of foreign currency to secure food by import, even in periods when harvests are good, increases catastrophically when the harvest is really poor. The possibility of this catastrophe increases correspondingly to the increase in population, and the annual 560,000 excess in births would bring about an increased consumption in bread, because the child is a greater bread eater than the adult.“Permanently to counter the difficulties of food supplies by lowering the standard of living and by rationing is impossible in a continent which had developed an approximately equivalent standard of living. As the solving of the unemployment problem has brought into effect the complete power of consumption, some small corrections in our agricultural home production will be possible, but not a wholesale alteration of the standard of food consumption. Consequently autarchy becomes impossible, specifically in the sphere of food supplies as well as generally.“Participation in world economy. There are limits to this which we are unable to transgress. The market fluctuations would be an obstacle to a secure foundation of the German position; international commercial agreements do not offer any guarantee for practical execution. It must be considered on principle that since the World War (1914-18), as industrialization has taken place in countries which formerly exported food. We live in a period of economic empires, in which the tendency to colonies again approaches the condition which originally motivated colonization; in Japan and Italy economic motives are the basis of their will to expand, and economic need will also drive Germany to it. Countries outside the great economic empires have special difficulties in expanding economically.“The upward tendency, which has been caused in world economy, due to armament competition, can never form a permanent basis for an economic settlement, and this latter is also hampered by the economic disruption caused by Bolshevism.There is a pronounced military weakness in those states who base their existence on export. As our exports and imports are carried out over those sea lanes which are dominated by Britain, it is more a question of security of transport than one of foreign currency, and this explains the great weakness in our food situation in wartime. The only way out, and one which may appear imaginary, is the securing of greater living space, an endeavor which at all times has been the cause of the formation of states and of movements of nations. It is explicable that this tendency finds no interest in Geneva and in satisfied states. Should the security of our food situation be our foremost thought, then the space required for this can only be sought in Europe, but we will not copy liberal capitalist policies which rely on exploiting colonies. It is not a case of conquering people, but of conquering agriculturally useful space. It would also be more to the purpose to seek raw material-producing territory in Europe directly adjoining the Reich and not overseas, and this solution would have to be brought into effect for one or two generations. What would be required at a later date over and above this must be left to subsequent, generations. The development of great worldwide national bodies is naturally a slow process and the German people, with its strong racial root [Volksstamm] has for this purpose the most favorable foundations in the heart of the European Continent. 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.” (386-PS)

“Berlin, 10 November 1937. Notes on the conference in the Reichskanzlei on 5 November 1937 from 1615 to 2030 hours.

“Present: The Fuehrer and Reich Chancellor;

“The Reichsminister for War, Generalfeldmarschall v. Blomberg;

“The C-in-C Army, Generaloberst Freiherr v. Fritsch;

“The C-in-C Navy, Generaladmiral Dr. h.c. Raeder;

“The C-in-C Luftwaffe, Generaloberst Goering;

“The Reichsminister for Foreign Affairs, Freiherr v. Neurath;

“Oberst Hossbach [the adjutant who took the minutes].

“The Fuehrer stated initially that the subject matter of today’s conference was of such high importance, that its detailed discussion would certainly in other states take place before the Cabinet in full session. However, he, the Fuehrer, had decided not to discuss this matter in the larger circle of the Reich Cabinet, because of its importance. His subsequent statements were the result of detailed deliberations and of the experiences of his four and a half years in government; he desired to explain to those present his fundamental ideas on the possibilities and necessities of expanding our foreign policy and in the interests of a far-sighted policy he requested that his statements be looked upon in the case of his death as his last will and testament.

“The Fuehrer then stated: The aim of German policy is the security and the preservation of the nation and its propagation. This is consequently a problem of space. The German nation comprises eighty-five million people, which, because of the number of individuals and the compactness of habitation form a homogeneous European racial body, the like of which can not be found in any other country. On the other hand it justifies the demand for larger living space more thanfor any other nation. If there have been no political consequences to meet the demands of this racial body for living space then that is the result of historical development spread over several centuries and should this political condition continue to exist, it will represent the greatest danger to the preservation of the German nation at its present high level. An arrest of the deterioration of the German element in Austria and in Czechoslovakia is just as little possible as the preservation of the present state in Germany itself.

“Instead of growth, sterility will be introduced, and as a consequence, tensions of a social nature will appear after a number of years, because political and philosophical ideas are of a permanent nature only as long as they are able to produce the basis for the realization of the actual claim of existence of a nation. The German future is therefore dependent exclusively on the solution of the need for living space. Such a solution can be sought naturally only for a limited period, about one to three generations.

“Before touching upon the question of solving the need for living space, it must be decided whether a solution of the German position with a good future can be attained, either by way of an autarchy or by way of an increased share in universal commerce and industry.

“Autarchy: Execution will be possible only with strict National-Socialist State policy, which is the basis; assuming this can be achieved the results are as follows:

“A. In the sphere of raw materials, only limited, but not total autarchy can be attained:

“1. Wherever coal can be used for the extraction of raw materials autarchy is feasible.

“2. In the case of ores the position is much more difficult. Requirements in iron and light metals can be covered by ourselves. Copper and tin, however, can not.

“3. Cellular materials can be covered by ourselves as long as sufficient wood supplies exist. A permanent solution is not possible.

“4. Edible fats—possible.

“B. In the case of foods, the question of an autarchy must be answered with a definite NO.

“The general increase of living standards, compared with thirty to forty years ago, brought about a simultaneous increase of the demand and an increase of personal consumption even among the producers, the farmers, themselves. The proceeds from the production increase in agriculturehave been used for covering the increased demand, therefore they represent no absolute increase in production. A further increase in production by making greater demands on the soil is not possible because it already shows signs of deterioration due to the use of artificial fertilizers, and it is therefore certain that, even with the greatest possible increase in production, participation in the world market could not be avoided.

“The considerable expenditure of foreign currency to secure food by import, even in periods when harvests are good, increases catastrophically when the harvest is really poor. The possibility of this catastrophe increases correspondingly to the increase in population, and the annual 560,000 excess in births would bring about an increased consumption in bread, because the child is a greater bread eater than the adult.

“Permanently to counter the difficulties of food supplies by lowering the standard of living and by rationing is impossible in a continent which had developed an approximately equivalent standard of living. As the solving of the unemployment problem has brought into effect the complete power of consumption, some small corrections in our agricultural home production will be possible, but not a wholesale alteration of the standard of food consumption. Consequently autarchy becomes impossible, specifically in the sphere of food supplies as well as generally.

“Participation in world economy. There are limits to this which we are unable to transgress. The market fluctuations would be an obstacle to a secure foundation of the German position; international commercial agreements do not offer any guarantee for practical execution. It must be considered on principle that since the World War (1914-18), as industrialization has taken place in countries which formerly exported food. We live in a period of economic empires, in which the tendency to colonies again approaches the condition which originally motivated colonization; in Japan and Italy economic motives are the basis of their will to expand, and economic need will also drive Germany to it. Countries outside the great economic empires have special difficulties in expanding economically.

“The upward tendency, which has been caused in world economy, due to armament competition, can never form a permanent basis for an economic settlement, and this latter is also hampered by the economic disruption caused by Bolshevism.There is a pronounced military weakness in those states who base their existence on export. As our exports and imports are carried out over those sea lanes which are dominated by Britain, it is more a question of security of transport than one of foreign currency, and this explains the great weakness in our food situation in wartime. The only way out, and one which may appear imaginary, is the securing of greater living space, an endeavor which at all times has been the cause of the formation of states and of movements of nations. It is explicable that this tendency finds no interest in Geneva and in satisfied states. Should the security of our food situation be our foremost thought, then the space required for this can only be sought in Europe, but we will not copy liberal capitalist policies which rely on exploiting colonies. It is not a case of conquering people, but of conquering agriculturally useful space. It would also be more to the purpose to seek raw material-producing territory in Europe directly adjoining the Reich and not overseas, and this solution would have to be brought into effect for one or two generations. What would be required at a later date over and above this must be left to subsequent, generations. The development of great worldwide national bodies is naturally a slow process and the German people, with its strong racial root [Volksstamm] has for this purpose the most favorable foundations in the heart of the European Continent. 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.” (386-PS)

After this somewhat jumbled discussion of geopolitical economic theory and of the need for expansion and “Lebensraum”, Adolf Hitler, in these Hossbach notes, posed a question and proceeded to answer it:


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