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expressed his opposition clearly by refusing to sign this pact, and it was, as is well known, signed by Herr Von Ribbentrop as Ambassador, which was a most unusual procedure. The objection of the defendant to this kind of policy could hardly find a stronger 'form of expression. The Defendant Von Neurath adhered faithfu... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 11,250 | 11,750 |
281 24 July 46 r political information of any sort. Hitler's announcement that German troops were marching in surprised him just as much as it Surprised everybody else, and as the order for it had surprised even the highest commander of the German Armed Forces, which Henderson himself admits in his well-known book, whe... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 11,700 | 12,200 |
But, in any case, the penultimate paragraph of this report-Document Book 5, Document Neurath-141-shows clearly that even Mastny interpreted and understood the statement of the defendant that Hitler had no intention of attacking Czechoslovakia and, now as before, considered 282 24 July 46 himself bound by the provisions... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 12,150 | 12,650 |
at this time. Had he not been in this position it would not have been at all possible for him to get to see Hitler in September 1938 and persuade him to agree to the Munich conference; for, contrary to the allegation of the Prosecution, even though he kept the title of Reich Minister from the day he resigned as Foreign... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 12,600 | 13,100 |
May 1939, from Amtsrat Koeppen, the head of the office of the Secret Cabinet Council, which was kept going merely for the sake of appearances-a letter which proves conclusively that these not very large payments at long intervals were for covering the cost of maintaining this office, and were not intended for purposes ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 13,050 | 13,550 |
Germany and stamped the German Reich as a second-rate power, and the bringing about of a general pacification of Europe. Not one of his diplomatic actions served any other purpose, or was performed with any intention which would imply a crime in the sense of the Charter. It is not surprising, therefore, that his resign... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 13,500 | 14,000 |
occupation of Czechoslovakia, Hitler called the defendant to Vienna from his well-deserved otium cum dignitate on his estate, and told him that he had been selected as Reich Protector for Bohemia and Moravia, it was this same sense of responsibility which made him feel it his duty to accept this post. At first he was o... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 13,950 | 14,450 |
Such were the only thoughts and considerations which led him to accept the appointment offered him, setting aside all personal interests and willing to face the risk that this might be interpreted and held against him in some quarters as denoting approval and support of Hitler and his regime-for Hitler had made him the... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 14,400 | 14,900 |
is, the length of the originals attached to the letter to Lammers, and which had been submitted to the defendant for signature and approved by him-but the photostatic copies also give rise in several places to well-founded doubts as to whether they are really identical with the enclosures to the letter addressed to Lam... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 14,850 | 15,350 |
point, as shown by Ziemke's report on his conversation with Hitler, submitted by the Prosecution. As long as he was in Prague, no measures were taken to germanize the Czech people; the defendant even prohibited the discussion of this entire question, as shown by Document 3862-PS submitted by the Prosecution. Especially... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 15,300 | 15,800 |
the Reichsbank, the Four Year Plan, the Ministerial Council for Defense of the Reich, and others-was given the right to decree laws and organizational measures on its own authority, quite independently of the Reich Protector and, therefore, could interfere in these administrative branches which actually were to come wi... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 15,750 | 16,250 |
he was at most an intermediary, a link in the chain. This is especially relevant for the accusation of joint responsibility brought against him by the Czech Prosecution-Document USSR-60(a)-for all the actions of Hitler and of the Reich Government before and after the setting up of the Protectorate. The Prosecution take... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 16,200 | 16,700 |
Charter, and only as such would it be punishable. Nor can he be made responsible for the setting up of the customs union and putting it into practice. This had already been 292 24 July 46 laid down in Article 9 of the decree of 16 March 1939, which reads, "The Protectorate belongs to the customs area of the German Reic... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 16,650 | 17,150 |
school inspectors, measures with which the defendant has been charged in the Czech indictment. These measures also were not taken by him, but by the German Reich Ministry for Education. And the closing of a larger number of Czech secondary schools was not ordered by the defendant, nor by order of the German Reich 293 2... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 17,100 | 17,600 |
decree of 1 September 1939 concerning the organization of administration and the German Security Polite-Document Book 5, Document Neurath-149. This decree was issued, without previous consultation with the defendant, by the Ministerial Council for the Reich Defense. Its first part especially is obscure and misleading. ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 17,550 | 18,050 |
Oberlandrate on the basis of the directives issued to them by the Reich Ministry of the Interior in Berlin and the policy pursued by the defendant. To what extent the latter affected and influenced the Czech administrative offices does not have to be taken into consideration, since this decree, too, and its result, the... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 18,000 | 18,500 |
Reich Protector. This is already evident, in itself, from the fact that the decree completely separates the two departmental spheres-administration and Police-by dealing in Part 1 with the building up of a German administration in the Protectorate subordinated to the Reich Protector, and then dealing separately in Part... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 18,450 | 18,950 |
show himself to be accommodating; and he, the defendant, did not yet recognize the necessity of exerting influence upon the Police. When, however, he finally realized-from the gradually increasing activity of the Police and their excesses-that his expectations were not being fulfilled, he protested to Hitler orally and... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 18,900 | 19,400 |
directly from Berlin, over the head of the Reich Protector. Frank speaks therein of the report on the first demonstrations, which he had sent to Berlin, and in which he had asked for instructions; he had received them by return mail from the Fuhrer's headquarters through the Security Police in Prague, to which office t... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 19,350 | 19,850 |
but some department of his office. It is entirely credible and probable that the SD leader was appointed political adviser to the State Secretary, who at the same time was State Secretary to the office of the defendant and independent State Secretary for Security Matters. Precisely from the so-called "warning," given a... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 19,800 | 20,300 |
also wish to refer to the statement made by the witness Von Holleben, Document Book 5, Document Neurath-158, in which he states, "Neurath, therefore, always refused to make a person responsible for acts committed by somebody else." From all that has been said previously, we see that the Defendant Von Neurath cannot be ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 20,250 | 20,750 |
Berlin, and this, as the witness Volckers expressly affirms, in the absence and without the knowledge of the defendant. The value, in consideration of this, which may be ascribed to Dr. Havelka's testimony, presented by the Prosecution, is selfevident. The credibility of this witness Havelka, as well as of all the othe... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 20,700 | 21,200 |
the Gestapo against the Czech population were done on the order or instruction of the defendant personally is, for example, either a deliberate falsehood or proof of their ignorance of even the published official decrees announced in the Czech official gazette. For the Gestapo, as I have already proved, was not at all ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 21,150 | 21,650 |
and Himmler's instigation for the removal and arrest of the then Czech Prime Minister General Elias was rescinded. Only after he had left was Elias arrested by Heydrich and later condemned to death by the People's Court. Definitely wrong is the allegation of the Czech witness Bienert that the defendant had arranged for... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 21,600 | 22,100 |
fact, however, that it was published on 21 June 1939, 3 months later, proves the correctness of his statement, that he wanted to give the Jews time to prepare themselves for the introduction of the Jewish legislation as in force throughout the Reich. Its postponement to that day was done expressly in the interest of th... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 22,050 | 22,550 |
like to speak about it briefly. It is proved by evidence that the relations between Herr Von Neurath and the Archbishop of Prague were very good, even friendly, and that the latter explicitly thanked the defendant for his support of the churches. This would certainly not have been the case if he had been opposed to the... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 22,500 | 23,000 |
were directed toward conserving and encouraging Czech cultural life in its characteristic quality and independence. I believe it is not necessary for me to go still further into details about that subject, and that I can confine myself to referring to the defendant's own statements and the statements of the German witn... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 22,950 | 23,450 |
have proved that, while discharging the duties of his office, the defendant did not personally become guilty of a single crime against humanity punishable under the Charter of this Tribunal; and only such crime could, after all, be considered here. And now the basic question of this Trial arises: Did the defendant beco... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 23,400 | 23,900 |
power and in the sphere entrusted to his direction, to fight the Nazi tendencies he despised and to prevent their materialization as far as his own strength permitted. Can one, I ask, really reproach Herr Von Neurath for doing this; can one condemn him, because the task he had assumed with a sense of moral duty and a c... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 23,850 | 24,350 |
regime and, by remaining in office and continuing to conduct its affairs according to his own principles, to fight actively against this immorality, and thus at least keep it away from the department under his control and protect his German people from this immorality of the Nazi regime and its consequences-namely, war... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 24,300 | 24,800 |
Hitler Germany any form of active or even public opposition only meant a completely useless sacrifice. And therefore I beg you, Your Honors, in judging these matters and in answering my question, to free yourselves from the democratic conditions and circumstances which you take so much for granted, but which are comple... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 24,750 | 25,250 |
of the conspiracy with regard to my client-his participation in it from the very outset, which sanctions or will sanction the preparatory or any other actions in this respect by the remaining members for attaining this criminal aim. But when, as the Prosecution are deliberately doing, one regards approval of the crimin... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 25,200 | 25,700 |
this belief, to all nations on earth, and not least of all to the German nation, the belief in and the respect for the holiness of the individual, whom the Lord once created in his image. 311 24 July 46 Fully convinced of the truth of this conception, I now confidently place the fate of my client, the Defendant Baron v... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 25,650 | 26,150 |
also shows clearly that Fritzsche, even in his last position as Ministerial Director and Chief of the Broadcasting Division, was only one of 12 officials of the same rank. Such a position in itself excludes a priori the assumption that he could have 312 24 July 46 determined the principles of policy, the principles of ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 26,100 | 26,600 |
Not one of these three persons has even claimed to have had any insight into the internal organization of the Propaganda Ministry. None of the three depositions contains any definite statement of Fritzsche. On the contrary, these depositions contain mere judgments, judgments which we do not want to have from witnesses,... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 26,550 | 27,050 |
hands. With regard to the details I wish to refer to the testimony of the witness Von Schirrmeister. The fact that Fritzsche could have been neither the creator of the Press Division nor a leader of the German propaganda, as far as it emanated officially from the Ministry, is also shown by the other numerous statements... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 27,000 | 27,500 |
least influence upon the contents and political trend of the news, particularly in view of the fact that he was a mere employee at that time. I make these references to Fritzsche's official position within the Propaganda Ministry also for another reason. In admitting what he did and said, and wanting to assume full res... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 27,450 | 27,950 |
same thing happened with the radio, as the witness Von Schirrmeister has stated, when Fritzsche took over its direction in November 1942. Dr. Goebbels, one of the oldest and closest of Hitler's collaborators, and Dr. Dietrich, Hitler's permanent escort-during the war he was present almost uninterruptedly in his headqua... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 27,900 | 28,400 |
be found litany of the sessions at which Hitler discussed any plans or actions with the closer or wider circle of his collaborators. And apart from this, he never actually took part either in any discussions which might have teen of a nature to plunge the world into the blood bath of wars of aggression. He was neither ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 28,350 | 28,850 |
great significance of the radio for the modern transmission of news made him appear in a special light. It cannot be denied that in this way he had a great influence on the German people, but from our own experiences of Nazi-ruled Germany, I can well say that every Gau speaker (Gauredner) and many a district leader (Kr... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 28,800 | 29,300 |
would have been easy for the defense to submit to the Tribunal tons of newspapers dating from the same time, the editorials of which showed the same trend, and even-this can be said quite definitely-used considerably stronger language. Fritzsche has been able to repudiate most decidedly-and in my opinion quite rightful... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 29,250 | 29,750 |
the attempt to influence minds- especially during war, was or still is subject to the rules of international law. Perhaps the problem did not come up only because this question, once it was asked, would have had to be definitely denied. While it is true that the Indictment speaks of the "gigantic propaganda apparatus" ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 29,700 | 30,200 |
important than, for instance, economic warfare or even warfare with weapons. Propaganda in this case has a double task: First, to serve as a means for increasing the power of resistance of one's own nation, and second, to undermine the fighting powers of the opponent. This influence-whitewashing on one side, slandering... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 30,150 | 30,650 |
moral-intellectual disarmament as those presented by the Polish Government to the League of Nations in two memoranda of 17 September 1931 * and 13 February 1932 ** had the same fate. These propositions aimed at using national legislation to prohibit any propaganda which might become dangerous for peace, and even any pr... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 30,600 | 31,100 |
to make the opponent contemptible and to try to undermine his strength "regardless of how many lies and falsehoods are used for this purpose," and that from the legal standpoint a rule for the future could even be established to the effect that if the enemy employed such propaganda, defense by means of "counterattacks"... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 31,050 | 31,550 |
nothing, absolutely nothing, has been legally and properly ruled upon in the field of propaganda, and no promising beginnings of any kind have appeared in this direction? Here it is certainly not a question of only an apparent legal loophole (Session of 4 December 1945). What has been said, of course, does not include ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 31,500 | 32,000 |
Reich Press Chief only a short time before the decisive step of 15 March 1939. These consisted, as in an other cases, of so-called "daily directives" (Document Number 3469-PS) which were given out at press conferences. Such daily directives thereby received publication in the headlines of German papers. It may be menti... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 31,950 | 32,450 |
reasons given at that time convinced Fritzsche, as well as millions of other Germans, that right was on 325 24 July 46 Germany's side. It was because Fritzsche had shared such a conviction, at that time, that he declared here on the witness stand that he, too, felt that he had been deceived by Hitler. It was no differe... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 32,400 | 32,900 |
of Eastern problems in the German press forwarded to him by the former's assistants. Thus Fritzsche's deposition still holds, that in the case of the war against the Soviet Union, just as in the other cases, he did not learn anything until the moment when he was given the pertinent news for publication. You will grant ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 32,850 | 33,350 |
accordingly. The French Chief Prosecutor, M. de Menthon, tried to draw the conclusion-proceeding from a literal interpretation of Article 6, Paragraph 2 (a) of the Charter, without regard for the real meaning of this article-that the soldiers and other agents of the aggressor state could not undertake any military oper... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 33,300 | 33,800 |
"unleashed," as the Indictment puts it- the rightful domain of peace has been violated; the crime against peace is consummated and accomplished. Therefore, no other meaning but "bring about," "proceed to execute the plan," can be attributed to the term `'carry out," or "undertake"-"waging." This interpretation is also ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 33,750 | 34,250 |
did not participate in it could not be counted in this category. The point of view which has been developed here is, in my opinion, also represented in the Indictment. The latter views the crime of breaking the peace as realized by the act of "unleashing" (Entfesselung). In no place has it even been hinted that the cri... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Fifth Day | 34,200 | 34,576 |
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 19 185 Day Volume 19 Menu 187 Day... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 0 | 500 |
which Sir Griffith-Jones read for hours from excerpts from Der Sturmer at the session of 10 January 1946, with Fritzsche's statements submitted here by the Prosecution, shows this very clearly. Fritzsche, supported by the affidavit of Scharping, dated 17 May 1946 (Document Number Fritzsche-2), was able to point out wha... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 450 | 950 |
group of instigators and abettors. It has not been proved, in the least, that a man like Fritzsche belonged to this closest circle of Hitler's despotism. The Trial has even shown that he made the acquaintance of the majority of his codefendants only here in the dock. To draw such far-reaching conclusions against Fritzs... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 900 | 1,400 |
and deceptive way how to make its replies sound credible. The foreign propaganda which was to serve a definite purpose could in comparison lay no claim to a greater power of persuasion-this all the more since the enemy propaganda in wartime also brought, of course, really incorrect reports, of which fact Fritzsche ofte... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 1,350 | 1,850 |
and he pointed to those presumed to be guilty of the atrocities. The facts, as such, were also confirmed by 334 25 July 46 the Russians. The latter added, however, that not the Russians but the Germans were guilty of these actions. What happened was only that, on the basis of undeniable facts, a controversy had flared ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 1,800 | 2,300 |
visited shortly before, and which had been spared by the war. The Russian prosecutor pointed to the official report of the Norwegian Government (Document 1800-PS) enumerating the damages caused by the war. Thus the impression was created that Fritzsche had lied to his audience. 335 25 July 4fi The full contents of that... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 2,250 | 2,750 |
impossible for me to see how any one sentence can possibly convey anything to this effect. I can only assume that it is a case of a misunderstanding and leave it for the Tribunal to judge. In no other connection has Fritzsche spoken a word or given a hint to this effect and, least of all, openly called for such a thing... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 2,700 | 3,200 |
Allied fliers were to be treated contrary to international law. When he learned this, he spontaneously refused any propagandistic activity for Goebbels in this respect. These facts have been definitely ascertained through thorough examination of him on this subject and through Dr. Scharping's affidavit (Document Number... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 3,150 | 3,650 |
is completely unknown what the unknown listener meant by a "biological war." Finally, I have yet to point out the following. General Rudenko read the document on the occasion of the cross-examination (Volume XVII, Session of 28 June 1946), and from a Russian text; the German text, which appears in this form in the Germ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 3,600 | 4,100 |
bears a responsibility equal or similar to that of Goebbels, has already been definitely shown by the evidence to be unfounded. Even from the dealings and actions themselves of my client it ought to have become clear that the assertions of the Prosecution have gone much too far. In the legal consideration of those acts... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 4,050 | 4,550 |
out, that is the primary concept ruling these four secondary concepts. Only the functions in themselves may, of course, be different. They can also be divided by the conspirators themselves. If the conspirators have jointly invented the plan, have formulated it or, by agreement, have merely furthered it, then it should... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 4,500 | 5,000 |
upon the occasion of its execution. The responsibility of the one for the deeds of the other can only exist when the plan binds them together. It is for this reason that the concept of conspiracy presupposes of necessity the idea that what is being done takes place under the impulse of a common will and a common knowle... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 4,950 | 5,450 |
be somewhere a limit fixed concerning the indictment of an individual person in these trials. When is someone still an accomplice, and when is he no longer that but only a tool or accessory? Where is this boundary through which the responsibility for one's own deeds can be separated from the responsibility for what oth... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 5,400 | 5,900 |
It is, therefore, sufficient to establish at present that English and American law also differentiate between the concept of a perpetrator and that of a mere accessorial accomplice. On that point, therefore, a decisive difficulty arises, resulting from the fact that there is a difference in the concept of right and wro... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 5,850 | 6,350 |
carried out as his own? I may refer to the effects which such an interpretation could have on the measure of punishment for example. At this point it might be in order to say this: the legal maxim propounded by Sir Hartley Shawcross may indeed be commonplace for every adherent to the English and American law, but this ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 6,300 | 6,800 |
344 25 July 46 of participation; in other words, with the question as to how an accessory should be classified according to the various possibilities of participation. From this in particular results the decisive question: Is it possible that the Charter went so far-I repeat, what is involved are common law concepts-as... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 6,750 | 7,250 |
* Reich Court 56, 168: "A condition for the action of another person must be established objectively." 345 25 July 46 law also makes a sharp distinction between will and knowledge. * And this discrimination is furthermore decisive as to whether somebody has given assistance at all. I have stated before what Fritzsche c... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 7,200 | 7,700 |
punishable as an accessory lies in knowingly furnishing help in the commission of the perpetrator's offense, it does not only presuppose that the accomplice must have had knowledge of all the essential characteristics of the deed to be committed, but also that his will, his intent, was directed toward supporting and fu... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 7,650 | 8,150 |
deportations, killing of hostages, massacre of Jews, or other crimes mentioned in the Charter, or had, as instigator, caused a single crime by his speeches to the public. Not a single passage from his nearly 1,000 wireless speeches could be produced from which such individual responsibility could be deduced. That was n... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 8,100 | 8,600 |
of hate," this would not, outside of the group of conspirators, have enabled him from a legal point of view to instigate anyone to commit certain crimes. Furthermore, according to the provisions of the German penal law, exhortations disseminated by radio would even exclude the fact of an instigation in a criminal sense... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 8,550 | 9,050 |
to the law-as an instigator, and not even-also according to the law-as an assistant. And so, I believe I have sufficiently discussed the question of evidence and the legal conclusions to be drawn therefrom. It is necessary, though, to mention one other thing. The Fritzsche case also has its human aspect. Apart from the... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 9,000 | 9,500 |
camp at Oranienburg, he protested. The culprits were punished at that time. Dr. Scharping's affidavits (Document Number Fritzsche-2) which I submitted, and others, prove his implicit willingness to assist those who were persecuted, for political or racial reasons, when they appealed to him. Significant of his tolerance... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 9,450 | 9,950 |
it was once called, that was poisoned. The real reason why everything in Germany was poisoned by falsehood could best be detected by those who lived in a purer atmosphere. Fritzsche did not keep immune from the phraseology; but he used it perhaps with better taste than many others. He was in a position to state here-an... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 9,900 | 10,400 |
may well be significant for the verdict if not for history-that he, too, was deceived by Hitler. Before this Tribunal Fritzsche has not only defended himself but the German people as well. To what extent he himself is responsible to the German people for the fact that he, again and again' and till the end, urged them t... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 10,350 | 10,850 |
is of the opinion that the closing speeches of counsel for the Prosecution and Defense ought to be short, not exceeding one-half day in each case. If this time is thought likely to be exceeded, a special application must be made to the Tribunal, stating the grounds for such extension of time, not later than Monday next... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 10,800 | 11,300 |
its rebirth the Party began its slow ascent. Germany's domestic economy had recovered from the worst effects of the Ruhr invasion. The currency had been stabilized and owing to very extensive foreign credits it had even been possible to bring about an economic boom. Very soon, however, it was revealed that the economic... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 11,250 | 11,750 |
became-and in 1932 no less than 25 million people including family members may be estimated to have been affected by the consequences of unemployment-the more impressive became the electoral successes of the National Socialists. I hardly think there could be a more convincing proof of the existence of a causal relation... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 11,700 | 12,200 |
treated as a minor nation. Again and again Hitler had occasion to remark upon the fact that the statesmen of the Weimar Republic left no method untried to arrive at a peaceful revision of the more unbearable clauses of the Treaty of Versailles. For 8 years the statesmen of democratic Germany, Stresemann and Bruning, we... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 12,150 | 12,650 |
to me much more decisive that not a single nation with which Germany maintained diplomatic relations raised any objections whatsoever or even drew diplomatic or international legal conclusions either at the seizure of power or on the occasion of the transformation of the constitutional structure carried on openly befor... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 12,600 | 13,100 |
fact that the Defendant Rudolf Hess, in his capacity as Reich Minister without Portfolio, cosigned the law of 16 March 1935 for the reconstruction of the Armed Forces. This law reintroduced general conscription in Germany and stipulated that the German peacetime army was to be divided into 12 corps commands and 36 divi... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 13,050 | 13,550 |
The Prosecution have not been able to prove in any way that the afore-named organizations had actually developed activities which were aimed at undermining the structure of foreign states from within. Under these circumstances it is superfluous to go into the activity of the afore-named organizations in more detail, al... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 13,500 | 14,000 |
the provinces carried out such a plebiscite independently, with the result that an overwhelming majority voted for the Anschluss. Indeed nothing could describe the situation better than the following passage in State Secretary Lansing's book, The Peace Negotiations, published in the year 1921: "A more patent denial of ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 13,950 | 14,450 |
Josef Burckel, in which he states, among other things: ". . . Soon after the seizure of power in the Ostmark, Klausner, Globocznik, and I flew to Berlin in order to give a report to the Deputy of the Fuehrer, Party member Rudolf Hess, about the incidents which led to the seizure of power." 360 25 July 46 A report natur... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 14,400 | 14,900 |
the Czechoslovak Republic. The annexation, rather, took place on the basis of an agreement which had been concluded in Munich on 29 September 1938 between Germany, the United Kingdom of Great Britain, France, and Italy. In this agreement exact and very detailed stipulations were made about the evacuation of the territo... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 14,850 | 15,350 |
to look at the facts more closely in this case, which in the course of time have led to constantly increasing difficulties and which in the end necessitated a change with regard to international law and the state sovereignty of this purely German city. It is just as unnecessary to go into greater detail with regard to ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 15,300 | 15,800 |
The two nations recognize their common frontiers or the territories of both sides. "6. The German-Polish Treaty is to be extended by 10 to 25 years. "7. Both countries include in their treaty a consultation clause." 363 25 July 46 The Prosecution themselves submitted to the Tribunal the reply of the Polish Government t... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 15,750 | 16,250 |
Polish Corridor by negotiation and that it made very moderate proposals in that respect. The reply to the German proposals of 21 March 1939 was a partial mobilization of the Polish armed forces. The connection between the partial mobilization ordered by the Polish Government and the British proposal for consultation, d... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 16,200 | 16,700 |
purpose it was to place an iron ring around Germany. It was thus clear from the very outset that, under such conditions, bilateral negotiations between the German and the Polish Governments promised but little success, in any case as long as those discussions lasted. In another memorandum handed to the Polish Foreign M... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 16,650 | 17,150 |
conclusion of a German-Soviet Trade and Credit Agreement. This agreement was signed in Berlin on 19 August 1939. But already during these economic negotiations, questions of general political nature were discussed which, according to the Soviet Russian News Agency Tass on 21 August 1939, made known the desire of both G... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 17,100 | 17,600 |
German-Soviet Non-Aggression Agreement and of the Secret Supplementary Protocol, failed. The Pact of Assistance which was made on 25 August 1939 between Great Britain and Poland did not prevent the outbreak of the war, but simply delayed it for a few days. I have no intention of going into particulars of the diplomatic... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 17,550 | 18,050 |
8 August 1945, concluded between the Government of Great Britain and Northern Ireland, the Government of the United States of America, the provisional Government of the French Republic, and the Government of the Union of Soviet Socialist Republics, is the basis of this Trial. The present Tribunal was created pursuant t... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 18,000 | 18,500 |
and against humanity. It is asserted that the defendants planned, prepared, unleashed and directed wars of aggression, and committed war crimes and crimes against humanity in the execution of this common plan. While the Charter only knows three specifications of crimes- crimes against peace, against the rules of warfar... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 18,450 | 18,950 |
the Reich Constitution with the formation of the Government and its leader, Adolf Hitler, was nominated Reich Chancellor. During the so-called period of struggle the Party, like all other parties, openly fought for the principles it represented, and the Prosecution could not submit in evidence a single argument from wh... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 18,900 | 19,400 |
equalization of armament through its own rearmament. This was not done in secrecy by any means but in public, through the announcement of the law on the reintroduction of general conscription on 16 March 1935. The Prosecution have not been able to show evidence for their assertion that this law was connected with, and ... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 19,350 | 19,850 |
the Reich Cabinet." First of all, it can be left undecided in how far other questions from 1937 on were still dealt with by the Reich Cabinet in cabinet sessions, or in the so-called circulation procedure, in the administrative procedure or in the legislative way. The conclusion can, however, be drawn with certainty fr... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 19,800 | 20,300 |
submitted by the Prosecution that, as a rule, at the conferences presided over by Hitler, there was no question of conferences as are perhaps customary in parliamentary democracies, but they were essentially only concerned with the issuing of orders. It is not necessary to examine in detail the statements in their rela... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 20,250 | 20,750 |
the Commanders-in-Chief of the branches of the Armed Forces and the chiefs of the general staffs in the new Reich Chancellery on 23 May 1939. Without intending to enter into the importance or the value of this document as evidence-the Fuehrer's speech closed with the order to set up a small research staff in the High C... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 20,700 | 21,200 |
true of Document Number 789-PS, Exhibit Number USA-23. The subject of this document is a conference with the Fuehrer on 23 November 1939. It appears from this document that here again only the Commanders-in-Chief of the Armed Forces were assembled to receive the Fuehrer's directions for the imminent operations in the W... | Yale Avalon (proceedings_vol19): One Hundred and Eighty-Sixth Day | 21,150 | 21,650 |
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