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Avalon Home Document Collections Ancient 4000bce - 399 Medieval 400 - 1399 15 th Century 1400 - 1499 16 th Century 1500 - 1599 17 th Century 1600 - 1699 18 th Century 1700 - 1799 19 th Century 1800 - 1899 20 th Century 1900 - 1999 21 st Century 2000 - Nuremberg Trial Proceedings Volume 19 181 Day Volume 19 Menu 183 Day... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 0 | 500 |
to be found elsewhere, as we now know from the German-Russian Secret Treaty. 1 19 July 46 Jodl was not introduced to the Fuehrer until 3 September 1939, that is after the war had begun, at a time when the final decision had already been taken. From then on his official position brought him close to Adolf Hitler; but, o... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 450 | 950 |
get expert information upon the war situation so as to be able to buoy up sinking courage again. For this task the Fuehrer chose General Jodl, no doubt the only competent person. Many a person would have welcomed this opportunity to make himself popular with the Party leaders, but Jodl accepted the task contre coeur an... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 900 | 1,400 |
named in the Charter. Article 6(a) specifies the crimes against peace, Article 6(b), crimes against the laws and usages of war. Other actions, even if contrary to international law, are not mentioned. Quite a few court sessions might have been dispensed with if the Prosecution had taken these two points into account ri... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 1,350 | 1,850 |
a preparation for aggressive war were seen in them. But who would have thought of an aggressive war at that period? In 1938, owing to lack of trained troops, we could not have put into the field one-sixth of the number of divisions our probable enemies, France, Czechoslovakia, and Poland, could have produced. The first... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 1,800 | 2,300 |
although the prosecutor speaks of "criminal methods." Jodl was completely surprised by the Fuehrer's decision to march in, made 2 days before it was carried out, and transmitted by telephone. Jodl's written order served only for the files. If this had been the original order, it would after all have come much too late.... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 2,250 | 2,750 |
the troops entered the German areas which had been evacuated to the agreed line by the Czech troops. Both these "invasions" are not crimes according to the Charter. They were not attacks, which would presuppose the use of force; still less are they wars, which would presuppose armed fighting; least of all are they aggr... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 2,700 | 3,200 |
in greater detail here, for Jodl was in Vienna at the time and did not take part in this action. Neither did he have anything to do with its planning, for that has no connection whatsoever with Jodl's earlier work in the General Staff. In the meantime the military situation had changed completely; the Sudetenland with ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 3,150 | 3,650 |
ships of a state at war may pass through the neutral coastal waters. If its enemy, in order to prevent any traffic of that sort, mines the coastal waters, such action is a clear breach of neutrality. Even warships have the right to pass through, insofar as they adhere to the rules which have been stipulated and do not ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 3,600 | 4,100 |
military expert, Jodl knew that if Germany had to fight out the war in the West, there was no other course but a military offensive. In view of the inadequacy of German equipment at the time and the strength of the Maginot Line, there was, however, from a military point of view, no other possibility for an offensive th... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 4,050 | 4,550 |
for the air over them was in practice, with or against their will, freely at the disposal of Germany's enemies. What contribution they thus made toward Britain's military potential, that is, toward the strength of one of the belligerents, is known to everybody. One need only think of Germany's most vulnerable point, th... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 4,500 | 5,000 |
must always be declared in advance. In that sense Germany would have been bound to declare war beforehand. However, above and beyond that, because of the fact that this was not a neutral state, I do not believe that any other obligation still existed. I cannot see just why there should have been any obligation toward t... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 4,950 | 5,450 |
Greek territory would have been drawn into the sphere of British power and would have become the jumping-off points for bombing squadrons against the Romanian oil fields unless Germany stopped this process. Moreover, the experiences of the first World War were disquieting; the coup de grâce had at that time been made ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 5,400 | 5,900 |
of guilt. If anywhere, it was in the Russian question that Hitler came to a decision without even listening to the slightest advice from anyone, to say nothing of taking it: He wavered for many months in his opinion about the intentions of the Soviet Union. The relations of the armies on both sides of the demarcation l... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 5,850 | 6,350 |
General Staff orders-without Jodl knowing anything about it-to prepare an operational plan against Russia for any eventuality. In any case, the Army General Staff, General Paulus, worked on operational plans of this kind as from the autumn of 1940. Unfavorable information then accumulated after the Vienna arbitration o... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 6,300 | 6,800 |
Kellogg-Briand Pact. The "Right of Self-Defense" was understood by all the signatory states. If the situation was wrongly construed, the German military leaders cannot be blamed for their error. They had reliable reports on Russian preparations which could only make sense if they were preparations for war. The reports ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 6,750 | 7,250 |
organs must be limited; there must be rulings on competence laying down what each official is called upon to do and not to do. Thus in all states the relations between the military and the civil administration are naturally regulated, just as within the military and within the administration the tasks and the relations... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 7,200 | 7,700 |
highest military advisers away from any part in political affairs. He also remained consistent toward his own party. When, after Fritsch had gone, a new Commander-in-Chief of the Army was to be appointed, it would have been easy enough to have chosen Von Reichenau, who had National Socialist leanings, but he appointed ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 7,650 | 8,150 |
too much weight with him, and is it to be wondered at that from the other side the apparent infallibility of his political judgment met with more and more recognition? Thus Hitler tolerated no interference in his political plans, and the result of it, as has been drastically represented to us here, was that, had a gene... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 8,100 | 8,600 |
was in no way master in his territory. Things were the same in the civil administration too: There was the double role of the Landrat as a State functionary and the Kreisleiter as a Party functionary, of the Reichsstatthalter and the Gauleiter. Everywhere there was a dualism of powers and therefore a dissipation of pow... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 8,550 | 9,050 |
neglected to do when one ought to have done it. What an officer or an official has or has not got to do is a question of competence. So this is where the problem of competence assumes its importance for us. Let us look at it more closely: Jodl is accused of having planned and prepared certain wars which were breaches o... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 9,000 | 9,500 |
a World General Staff has been considered which would have to plan and carry out this punitive war. Now let us imagine that the Security Council decides on a punitive war and the Chief of the General Staff replies that in his opinion there is no aggression. Would not the whole security apparatus in this case depend on ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 9,450 | 9,950 |
politicians. The Prosecution do actually acknowledge this up to a certain point. They say that it is not intended to punish the generals for having waged war-for this is their task-but they are reproached for having caused the war. And the second argument, which often recurs, is that without the generals' help, Hitler ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 9,900 | 10,400 |
had been resolved upon, he did indeed do his bit to carry it out successfully. It is this supporting activity which is the object of the second of the arguments mentioned earlier. It is true that without his generals Hitler could not have waged the wars. But only a layman can construct a responsibility on that basis. I... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 10,350 | 10,850 |
Jodl believed them to be true. I must stress this, because it has been said here at times: "The Tribunal will decide whether this was a war of aggression." That, of course, is true, because if the Court decides that it was not a war of aggression, no sentence for waging a war of aggression will be pronounced. But if th... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 10,800 | 11,300 |
Anglo-American trial brief, regarding crimes against the laws of war and humanity, I must make a few preliminary remarks. First, a misunderstanding has to be cleared up. The Prosecution says that we wanted to wage a total war thereby meaning a war which is waged by all methods, regardless of whether legal or illegal in... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 11,250 | 11,750 |
with prisoners of war, for which a special department in the OKW was responsible, 25 19 July 46 nor with the administration of the occupied territories, and therefore had nothing to do with the seizure of hostages and with deportations. I shall discuss UK-56 later. Jodl did not have anything to do with police tasks in ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 11,700 | 12,200 |
superior essentially gave the order himself, and the subordinate just put it into words. Naturally one will wish to make a difference between a clerk being given the job of writing down the order, and a senior general. Although the latter may not have the legal, he will however have the moral duty of expressing his scr... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 12,150 | 12,650 |
can never be a violation of the laws and customs of war. This was explicitly laid down as the prerequisite for punishment in Article 6(b) of the Charter. The same applies to marginal comments which so often occur in the files of the OKW: "Yes," "No," or "That is impossible," et cetera. Admittedly, such memoranda or mar... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 12,600 | 13,100 |
of a retaliatory measure; that is, one should wait and see what action the commissary really took, and then perhaps take countermeasures. Again he is not given credit for the fact that he opposed it, but he is accused of the manner in which he opposed it. From a legal point of view that is meaningless. Later Jodl had n... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 13,050 | 13,550 |
arise in case of a genuine capitulation. Even if for that reason alone, German troops must not be allowed to enter the town. Acceptance of a capitulation was thus entirely impracticable. (c) Added to that was the utter impossibility that the German troops should feed a half-starved city population of millions. The rail... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 13,500 | 14,000 |
was not in a position to comply with the request. Hitler then drew up the two orders himself. Jodl is now accused of two things: He distributed the orders drawn up by Hitler through official channels, and he furnished the second, the explanatory order, to the commanders with a special directive for secrecy. The order a... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 13,950 | 14,450 |
of soldierly behavior. Jodl hoped that this would be the method applied and, as far as he could, he promoted it, as is proved by the evidence. He used all his power to help ensure that the practical application of the Commando Order was restricted to what was undoubtedly admissible. He took steps to insure, further, th... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 14,400 | 14,900 |
with the order which was to be passed on. It was outside his jurisdiction, outside his rights, to examine it. His activity was purely technical, independent of the contents of the document. In theory he was not even obliged to read it. Let us assume that, after drawing up the order, Hitler told some lieutenant to telep... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 14,850 | 15,350 |
necessarily in a bad sense; and also of bandits, and these, of course, are criminals. THE PRESIDENT: Why don't you confine yourself to the use of the word "partisan"? , DR. EXNER: I can certainly just as well use the word "partisan," Mr. President. I have merely used "band" because we have the "rules regarding bands." ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 15,300 | 15,800 |
as follows: The Germans were retreating to the not yet completed Lyngen line, and there was danger that the Red Army would continue to follow up during the winter and would destroy the much weaker German units if, while advancing along Reich Road 50, the only one that could be used at that time of the year, they found ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 15,750 | 16,250 |
for the deportation of the Jews from Denmark. It bases this accusation on a teletype Message which Jodl sent "by order" to the commander of the German troops in Denmark. It is particularly difficult to understand this accusation by the Prosecution; for the different documents submitted by the Prosecution absolutely pro... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 16,200 | 16,700 |
is clear to anyone who knows but a little of Hitler's position of power that friction between German offices would in no way have prevented the thing being carried out, but would at most only have delayed it, and would certainly not have made it pleasanter for the persons affected. May it please the Tribunal, there is ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 16,650 | 17,150 |
to lay stress on a person's presence when a criminal intention was discussed can only amount to a reproach that "he knew about and tolerated it." Today we often hear this reproach of having tolerated crimes. Not only in this court. The whole German people are reproached for having tolerated a criminal regime and the an... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 17,100 | 17,600 |
prevented. But enough has already been said here about how matters stood with regard to influencing Hitler's decisions. As long as his decision had not yet been made, good arguments could, under favorable circumstances, still impress him; but once his decision was made, it was irrevocable. Any opinion to the contrary i... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 17,550 | 18,050 |
This applies even if his assumption was based on mistakes. Such mistakes exclude design. In a decision, Green v. Tolson, it is stated: "In common law a reasonable belief in the existence of circumstances which, if true, would make the act for which a prisoner is indicted an innocent act, has always been held to be a go... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 18,000 | 18,500 |
order to constitute a crime, but we take a more precise view of this coincidence. According to German law, a person can be punished for intentional killing, only if he foresaw the fatal results and wished them. On the other hand in the decision already quoted in Regina v. Prince it is stated: "if a man strikes with a d... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 18,450 | 18,950 |
of the act, is an essential ingredient in every offense." This decision quotes some exceptions to this principle, which do not interest us here. They concern bigamy and seduction, where positive provisions of statute law are involved, as well as certain offenses against public order, et cetera. Our question now is: Was... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 18,900 | 19,400 |
the order and its legal meaning. One point, however, appears to me to be in need of elucidation: Mr. Justice Jackson quoted Paragraph 47 of the German Military Penal Code to prove that according to German law an order by a superior officer does not excuse the subordinate. Incidentally, it is striking that in the case o... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 19,350 | 19,850 |
film. What this legal expert meant to say-as far as the meaning of his remarks, torn from the general context, can be understood-was: When an officer ordered a subordinate to give assistance in murdering Hitler, this order did not justify the one who obeyed. Certainly, Freisler's authority is not required to establish ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 19,800 | 20,300 |
more work. That this man, working at Adolf Hitler's side, was bound to come under his influence is self-evident. One must consider the time at which this took place. There could of course be no relationship of mutual confidence, but Jodl was also not the man to submit without opposition. There were clashes and explosio... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 20,250 | 20,750 |
part in this or that affair. What should he have done? If one reproaches somebody with having acted in a certain way, then one must be in a position to state what action would have been right in that situation. It is now said that he should have resigned. This, of course, would have been an easy way out. That course co... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 20,700 | 21,200 |
jurists too; but in a state of conflict which offers only this kind of solution, the old saying applies: Ultra posse nemo obligatur. Jodl was no rebel. His conscience told him: The fatherland is in need. Every man to his post! Jodl's place was at the head of the Armed Forces Operations Staff. He did not enter this post... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 21,150 | 21,650 |
order finally in its extravagant aims, to lead a nation which has given humanity so much that is good and beautiful to the verge of ruin. 46 19 July 46 We have heard the Indictment here which tries to prove in a comprehensive way that these men had conspired to conquer the peaceful world by waging wars of aggression. I... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 21,600 | 22,100 |
existence. In so saying I am not thinking of the prepared human skin, of the pieces of soap made out of human fat which were shown to us; I am not thinking of the systematic way in which millions of innocent people were tormented, tortured, beaten, shot, hanged, or gassed. No, I am thinking of the many touching individ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 22,050 | 22,550 |
which grows among the thorns). Before I consider the Indictment in its individual points, I should like to sketch in a few short words the personality of the defendant. The words in Schiller's tragedy "Wallenstein" apply to him, too: "don der Parteien Hass und Gunst verzerrt, schwankt sein Charakterbild in der Geschich... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 22,500 | 23,000 |
country. Dutchmen whom I questioned concerning the personality of the defendant told me that the Dutch people hated him as Hitler's supreme representative in the country, especially since he had stated at the beginning of the occupation that he came as friend of the Dutch, and that he had deceived them in this respect.... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 22,950 | 23,450 |
Dutch, and who was no National Socialist, and who as a senior judge can be relied on, for an impartial opinion on the personality of Dr. Seyss-Inquart. He writes: "In his work, his clear, keen thinking and the systematic manner in which he applied his many-sided talents in carrying out his duties struck me at once as h... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 23,400 | 23,900 |
of his weaknesses and faults dawned upon him... "However, I am firmly convinced that he, like so many of our people, was more an unwitting victim than a willing tool of the demoniacal power of Hitler..." This is the opinion of an upright German judge. The Prosecution base the Trial on the concept of conspiracy, in an e... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 23,850 | 24,350 |
her history. The one is to recall Holland's fight for liberty against Philipp II, which two of our greatest poets-Goethe in Egmont and Schiller in his Geschichte des Abfalls der Vereinigten Niederlande -- chose as subjects for their dramatic representations. Schiller writes about the heroic death of the two brave Dutch... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 24,300 | 24,800 |
general will as such cannot speak either about a man or about a fact. But if there is no law according to which one can judge, then it is also not possible to give judgment, and there can be no sentence." We still find today this principle nullum crimen nulla poena sine lege firmly rooted in almost all law books. We fi... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 24,750 | 25,250 |
II, Page 572 express themselves similarly: "Nul ne peut être puni autrement qu'en vertu d'une loi auparavant adoptée et publiée, pour cette raison, ce qu'on exige de la Hollande c'est de collaborer à un procès contraire à l'idée même de la justice." When in the year 1935, the idea of analogy found its way, into G... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 25,200 | 25,700 |
scholar of international law, Alfred von Verdross, has established in his book International Law: "According to prevailing opinion, subjects of a crime under international law can only be states as well as other legal communities immediately subject to international law, but not individual persons..." There would be on... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 25,650 | 26,150 |
from Vienna, I feel sick when I think of this racial Babylon." And still, this city is the goal of his longing and he calls this same city in the March days of 1938 a pearl to which he will give the setting which its beauty deserves. On his table lies a book: The History of the Germans in Austria. Hitler read this book... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 26,100 | 26,600 |
was destroyed in 1806. 55 19 July 46 The Reich died, but the concept of the Reich lived on. At Leipzig, in 1813, Prussians and Austrians fought shoulder to shoulder under Schwarzenberg, Scharnhorst, Gneisenau, and Bluecher to free themselves from the yoke of the Corsican tyrant. On 11 January 1849 the deputies of all G... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 26,550 | 27,050 |
superficialities of life may have made him especially suitable for this. The narrow frame of the Trial imposes justified limitations here on an extensive description of the mutual cultural life. I limit myself to the quotation of names: The singers of the Nibelungenlied; the Minnesaenger, Walther von der Vogelweide, Ul... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 27,000 | 27,500 |
was not unknown to him that there was in Austria the largest bauxite and magnesium sources of the world, and that Austria had the rich petroleum weds at Zisterndorf. Only power makes right! If Germany wants to have her say again in the world, then she must have a strong army and a strong navy. And for this reason he lo... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 27,450 | 27,950 |
the critical days of March 1938. Dr. Karl Renner, the Federal President of the Austrian Republic, who enjoys the confidence of the four occupying powers, and on whom the entire Austrian people look with respect because he took the helm of the ship of state for the second time in a period of dire distress, described the... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 27,900 | 28,400 |
68,150,000 6,710,000 Area (in square km.) 470,714 83,868 Change in population (1936) per 1,000 inhabitants plus 7.2 minus 0.1 Unemployed 1934 2,353,000 363,000 Unemployed 1937 573,000 319,000 Austria's Foreign Trade 1937; Export: To Germany, 179.8 millions to Italy 172.6 millions; to Hungary 111.2 millions; to Czechosl... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 28,350 | 28,850 |
to follow the changed course and in order to improve the economic situation concluded the Agreement of 11 July 1936. In this agreement Germany recognizes the independence of Austria and ceases the economic war. The price for that, however, is a series of measures which give the National Socialists in Austria a new boos... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 28,800 | 29,300 |
conference not only with Zernatto, the representative and confidant of the Chancellor in the Government, but also with the National leaders is understandable, for one must never lose sight of the fact that the defendant had always openly declared his role as mediator. He also had to know the claims of the opposition, s... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 29,250 | 29,750 |
of Nazism by uniting all democratic forces in a common defensive front. Prompt action was necessary, and Schuschnigg proclaimed his plebiscite. The whole country awoke from its lethargy. Workers and peasants were called upon to defend their country, and under the leadership of Zernatto swift electoral preparations were... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 29,700 | 30,200 |
Lemkin's Axis Rule in Occupied Europe (Page 109). We find it again in the opening speech of the American Chief Prosecutor, Mr. Justice Jackson, although it is incontestably proved by the submission of Goering's telephone conversations (Document Number 2449-PS) in connection with Goering's testimony, that this telegram ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 30,150 | 30,650 |
on his gigantic propaganda machine at high pressure. There was rally after rally. Festivals were held. There was not a house in the land which was not beflagged. The leader of the Socialist workers said: "I vote yes" and the bishops exhorted the people to fulfill a national duty: "Render unto God the things that are Go... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 30,600 | 31,100 |
actuated by his enthusiasm for the Anschluss and cannot have been a conspirator. He was not a leader, he was led or, what in my opinion is more accurate, he was misled, perhaps also a docile tool in the hands of the big two, Hitler and Goering. But it was solely for his political ideals, the Anschluss, without any inte... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 31,050 | 31,550 |
allow the Austrian National Socialists to participate independently of the Reich National Socialist Party, should Austria and Germany form a close union. 5) Seyss-Inquart declared that this aim could only be attained if Hitler agreed to it and directed the Austrian National Socialists expressly toward this policy. This... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 31,500 | 32,000 |
Schmidt. He took the order not to put up any resistance to the German troops from Dr. Schuschnigg's farewell speech. 11) Seyss-Inquart tried as long as possible to preserve Austria's independence, as instanced by his telephone conversations with Goering (Document 58), also by his request to Guido Schmidt to join his Mi... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 31,950 | 32,450 |
for a war which turns out to be bloodless as punishable as the accomplished crime. It must be pointed out most emphatically that no proof has been furnished that my client ever imagined that events would even lead to a war between Austria and any other power because of the Anschluss or pursuant to it. On the contrary, ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 32,400 | 32,900 |
entry into the science of international law and diplomatic language. It is the principle according to which the nations of the world refuse to recognize territorial acquisitions obtained by force. This principle has at least penetrated into the legal consciousness of present times as deeply as the prohibition of wars o... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 32,850 | 33,350 |
the German-Austrian Agreement of 11 July 1936; second, Article 88 of the Treaty of St. Germain; lastly, Article 80 of the Treaty of Versailles. Here also, it must be pointed out that all the nations concerned have not only tolerated the violations of the treaties but, moreover, tacitly sanctioned them 69 19 July 46 by ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 33,300 | 33,800 |
principles of law, a constraining force and above all have precedence over international treaty law. A number of states owe their existence to this lofty expression of the democratic way of thinking. Such a privilege was denied the Austrians after the first World War. Despite the fact that the people in Austria as well... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 33,750 | 34,250 |
most famous naval battles in history on 21 August 1673. But during this Trial we learned here that of all the occupied countries, the Netherlands offered the most united and stiffest political as well as increasingly effective physical resistance; we also learned that throughout these years these people never abandoned... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 34,200 | 34,700 |
and which had no justification whatever according to previous law. If indeed there is any justification at all, then this can only be found in the concept of total war. But, above all, this development brought the individual into war-due not least to the influence of the Anglo-American concept of war. Accordingly, in t... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 34,650 | 35,150 |
here and there but was always sincere. Having discussed the principles, let us now turn to the individual administrative acts of the defendant. Here it must be pointed out that, as everywhere in occupied territories but particularly in Germany proper, the National Socialist administration tended more and more to become... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 35,100 | 35,600 |
to the Reich Commissioner. Owing to the unconditional capitulation of 10 May 1940, General Winkelmann; who had been left behind in the country and was vested with special powers, renounced his authority in every respect. Furthermore, it is the recognized right of the occupying power to organize the administration as it... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 35,550 | 36,050 |
It always has been and continues even today to be the practice of the occupying power to encourage and assist political parties friendly to them. The charge of Germanization is also unjustified. By their origin the Dutch people were always considered to be Teutonic and it is, therefore, not possible to make Teutons out... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 36,000 | 36,500 |
the closing of the University of Leyden. But the University of Leyden was closed because of rioting by the students, and being a security measure of the occupying power, it cannot be an infringement of international law. In the same way, the demand for a declaration of allegiance is not at variance either with the Rule... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 36,450 | 36,950 |
order, the regular courts were abolished and saboteurs and members of the resistance handed over for sentencing, in spite of the protests of the defendant. One of the main points of the Prosecution is the question of hostages, and I must therefore discuss this in detail. Dr. Nelte has already generally discussed its le... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 36,900 | 37,400 |
clamored for vengeance for the plot against one of his nearest and most important officials. It is likewise understandable that the defendant too, as head of the administration, ordered deterrent measures to be taken, under the heading of "general prevention," after an attack had been made on one of his commissioners g... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 37,350 | 37,850 |
He had found Minister Speer in particular very much in favor of his plan to transfer German undertakings from the Reich to Holland, thus enabling the workers to be used in their home country. In 1943, three age groups of young unmarried men were called up by the labor offices, but not by compulsion. When in 1944 the Re... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 37,800 | 38,300 |
in the Netherlands, dated 9 October 1944 (Exhibit RF-132), and of Lieutenant Haupt (Document Number 3003-PS, Exhibit USA-196) prove that the requisitions were in the first instance carried out by the Armed Forces. The latter points out that the whole position is made more difficult by the fact that Reich Commissioner S... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 38,250 | 38,750 |
which was not exceeded. On the contrary, at the end of 1943, a saving of 60 million guilders had been affected, and this remained in the Netherlands. The lifting of the customs barriers in interstate traffic was justified by the joint price policy and could only benefit the Netherlands. Likewise the ratio of the mark t... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 38,700 | 39,200 |
for Vienna he acquired in the open market. As for the royal property, the instructions he issued were such that the confiscation of this property was no more than a demonstration. That this is true is shown in the Dutch Government report. The Rosenthaliana library which has been mentioned so often, did not reach the Re... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 39,150 | 39,650 |
affairs (Higher SS and Police Leader). According to Article 5 of this decree the Higher SS and Police Leader has under his command: a) The German Police and Waffen-SS (For the Dutch this order of things was declarative, for the Higher SS and Police Leader was appointed by the Fuehrer on Himmler's recommendation, withou... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Second Day | 39,600 | 39,925 |
Avalon Home Document Collections Ancient 4000bce - 399 Medieval 400 - 1399 15 th Century 1400 - 1499 16 th Century 1500 - 1599 17 th Century 1600 - 1699 18 th Century 1700 - 1799 19 th Century 1800 - 1899 20 th Century 1900 - 1999 21 st Century 2000 - Nuremberg Trial Proceedings Volume 19 182 Day Volume 19 Menu 184 Day... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Third Day | 0 | 500 |
suggested was cumulative, and Dr. Servatius, I think, quite agrees that what we have put down now in Column A will meet his purpose. There are-I understand, talking to him just before the Tribunal sat this morning-there are certain amendments to this list which he desires to make. He desires to include in Column A Docu... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Third Day | 450 | 950 |
to the war before the last one. THE PRESIDENT: Yes. MAJOR JONES: I finally suggest that if that document is admitted by the Tribunal then it would be proper, in the interests of historical truth, for the extract to be continued to include the severe criticism of the Nazi Party made by Mr. Wels. The next document is Doc... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Third Day | 900 | 1,400 |
were true they have only a to quoque relevancy and I submit should not be included in the documents for the SS organization. Apart from those documents, the Defending Counsel and the Prosecution have reached an agreement, and there is no more to say, My Lord. THE PRESIDENT: The Tribunal would like to hear Dr. Pelckmann... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Third Day | 1,350 | 1,850 |
deputy, even after the seizure of power by Hitler, agreed with Hitler that the Treaty of Versailles must be fought against. By that I do not wish to say anything about the justification or nonjustification of the Treaty of Versailles. I am merely trying to show what the masses of the people were thinking and what the f... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Third Day | 1,800 | 2,300 |
The result was, as expected, that the committee decided that America would participate in the games. This again constitutes a corroboration, a consolidation and strengthening of German public opinion, and therefore also of the opinion of the bulk of the SS members, that in certain respects foreign countries were adopti... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Third Day | 2,250 | 2,750 |
commissions I shall show, and have shown, that the knowledge of these conditions in concentration camps was confined to the very small circle of those who were occupied with them. Finally, Documents SS-101 and 102. Here we are concerned with the question of the medical experiments on living human beings. First of all, ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Third Day | 2,700 | 3,200 |
right. The second document deals with voluntary experiments. The first document, however, leaves the question open. But I conclude from circumstances shown in the document that it does not seem to be absolutely certain whether there were volunteers. It is an extract from a fairly recent publication, Time of 24 June 194... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Third Day | 3,150 | 3,650 |
this. HERR PELCKMANN: I should like finally to come to the subjective angle. It is alleged by the Defense that these experiments too were kept extraordinarily secret. And if they had become known . . . THE PRESIDENT: We have got the essentials of the arguments. HERR PELCKMANN: Thank you. THE PRESIDENT: We will hear now... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Third Day | 3,600 | 4,100 |
have been supplied by members of the German armed services, and in any case all of these statements which are affirmed to and sworn, no statement has been sworn to by themselves. The individual who makes the affidavit goes about and inquires and he, on his oath, states that these things are true or represents that they... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Third Day | 4,050 | 4,550 |
with Number 5. MR.DODD: That has two pages. It is the statement with the draft attached to it. THE PRESIDENT: What about Winter's Number 8? MR. DODD: That's seven pages and two pages of drafts, which makes it altogether nine pages. The newspaper article about General Marshall's report, I don't know. So far, only one ty... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Third Day | 4,500 | 5,000 |
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