Archive/File: imt/tgmwc/tgmwc-02/tgmwc-02-13.07
Last-Modified: 1999/09/12

Now the next document, which is on the next page, is British
Document TC-28, which I hand in as Exhibit GB 22. And that
is an Assurance of the 26th September, 1938, which Hitler
gave to Czechoslovakia, and again the Tribunal will check my
memory; I do not think that Mr. Alderman read this document.

THE PRESIDENT: No, I do not recall it.

SIR DAVID MAXWELL FYFE: If he did not, the Tribunal ought to
have it before them, because it contains very important
points as to the alleged governing principle of getting
Germans back to the Reich, on which the Nazi conspirators
purported for a considerable time to rely. It said:-

   "I have little to explain. I am grateful to Mr.
   Chamberlain for all his efforts, and I have assured him
   that the German people want nothing but peace; but I
   have also told him that I cannot go back beyond the
   limits of our patience."

The Tribunal will remember this is between the Godesberg
Treaty meeting and the Munich Pact:-

   "I assured him, moreover, and I repeat it here, that
   when this problem is solved there will be no more
   territorial problems for Germany in Europe. And I
   further assured him that from the moment when
   Czechoslovakia solves its other problems, that is to
   say, when the Czechs have come to an arrangement with
   their other minorities peacefully, and without
   oppression, I will no longer be interested in the Czech
   State. And that, as far as I am concerned, I will
   guarantee it. We do not want any Czechs. But I must also
   declare before the German people that in the Sudeten-
   German problem my patience is now at an end. I made an
   offer to M. Benes which was no more than the realisation
   of what he had already promised. He now has peace or war
   in his hands. Either he will accept this offer and at
   length give the Germans their freedom, or we shall get
   this freedom for ourselves."

Less than six months before the 15th March, Hitler was
saying in the most violent terms, that "He did not want any
Czechs." The Tribunal has heard it said by my friend Mr.
Alderman this morning. The last document which I shall ask
to put in, which I now ask the Tribunal to take notice of,
and hand in is Exhibit GB 23, which is the British Document
TC-23 and a copy of

                                                  [Page 125]

the Munich Agreement Of 29th September, 1938. That was
signed by Hitler, the late Neville Chamberlain, M. Daladier
and Mussolini, and it is largely a procedural agreement by
which the entry of German troops into Sudeten-German
territory is regulated. That is shown by the preliminary
clause: "Germany, the United Kingdom, France and Italy "
taking into consideration the agreement, which has been
already reached in principle, for the cession to Germany of
the Sudeten-German territory as agreed on the following
terms and conditions governing the said cession and the
measures consequent thereon, and by this agreement they each
hold themselves responsible for the steps necessary to
secure fulfilment."

And I do not think, unless the Tribunal wants it, I need go
through the steps. In Article 4, it states that:

   "The occupation by stages of the predominantly German
   territory by German troops will begin on the 1st
   October. The four territories marked on the attached
   map," and in article 6, "The final determination of the
   frontiers will be carried out by the international
   commission."

And it provides also that there is the right of option and
the release from the forces the Czech forces of Sudeten
Germans.

That was what Hitler was asking for in the somewhat
rhetorical passage which I have just read out, and it will
be observed that there is an annex to the Agreement which is
most significant.

   "Annex to the Agreement.
   
   His Majesty's Government in the United Kingdom and the
   French Government have entered into the above Agreement
   on the basis that they stand by the offer contained in
   Paragraph 6 of the Anglo-French Proposal of the 19th
   September, relating to an international guarantee of the
   new boundaries of the Czechoslovak State against
   unprovoked aggression.
   
   When the question of the Polish and Hungarian minorities
   in Czechoslovakia has been settled, Germany and Italy,
   for their part, will give a guarantee to
   Czechoslovakia."

"The Polish and Hungarian minorities," not the question of
Slovakia which the Tribunal heard this morning. That is why
Mr. Alderman submitted, and I respectfully joined him in his
submission, that the action of the 15th March was a flagrant
violation of the letter and spirit of that Agreement.

That, my Lord, is the part of the case which I desired to
present.

THE PRESIDENT: We will now recess for ten minutes.

SIR DAVID MAXWELL FYFE: Thank you.

(A recess was taken.)

LIEUTENANT-COLONEL GRIFFITH-JONES: May it please the
Tribunal, Count 2 of the Indictment charges participation in
the planning, the preparation, the initiation and waging of
various wars of aggression, and it charges that those wars
are also in breach of international treaties. It is our
purpose now to present to the Tribunal the evidence in
respect of those aggressive wars against Poland and against
the United Kingdom and France.

Under Paragraph B. of the particulars to that Count 2,
reference is made to Count I in the Indictment for the
allegations charging that those wars were wars of
aggression, and Count I also sets out the particulars of the
preparations and planning for those wars, and in particular
those allegations will be found in Paragraph F-4. But, my
Lord, with the Tribunal's approval

                                                  [Page 126]


I would propose first to deal with the allegations of breach
of treaties which are mentioned in Paragraph C. of the
particulars, and of which the details are set out in
Appendix C. The section of Appendix C. which relates to the
war against Poland is Section 2, which charges a violation
of the Hague Convention in respect of the pacific settlement
of international disputes, on which Sir David has already
addressed the Court, and I do not propose, with the Court's
approval, to say more than that.

Section 3 of Appendix C. and Section 4 charges breaches of
the other Hague Conventions of 1907. Section 5 (Subsection
4) charges a breach of the Versailles Treaty in respect of
the Free City of Danzig, and Section 13 a breach of the
Kellogg-Briand Pact.

All those have already been dealt with by Sir David Maxwell
Fyfe, and it remains, therefore, for me only to deal with
two other sections of Appendix C Section 10, which charges a
breach of the Arbitration Treaty between Germany and Poland,
signed at Locarno on the 16th October, 1925, and Section 15
Of Appendix C., which charges a violation of the Declaration
of Non-Aggression which was entered into between Germany and
Poland on the 26th January, 1934.

If the Tribunal would take Part I of the British document
book No. 2, I will describe in a moment how the remaining
parts are divided. The document book is divided into six
parts. The Tribunal will look at Part I for the moment. The
document books which have been handed to the defence counsel
are in exactly the same order, except that they are bound in
one and not in six separate covers, in which the Tribunal's
documents are bound for convenience.

The German-Polish Arbitration Treaty, the subject of Section
10 of Appendix C. is Document TC-15 and it is the end
document in the book. It has already been put in under the
number GB 16.

My Lord, I would quote the preamble and Articles I and 2
from that Treaty.

   "THE PRESIDENT OF THE GERMAN EMPIRE AND THE PRESIDENT OF
   THE POLISH REPUBLIC:
   
   Equally resolved to maintain peace between Germany and
   Poland by assuring the peaceful settlement of
   differences which might arise between the two countries;
   
   Declaring that respect for the rights established by
   treaty or resulting from the law of nations is
   obligatory for international tribunals;
   
   Agreeing to recognise that the rights of a State cannot
   be modified save with its consent;
   
   And considering that sincere observance of the methods
   of peaceful settlement of international disputes permits
   of resolving, without recourse to force, questions which
   may become the cause of division between States;
   
   Have decided ."

Then going on to Article I:

   "All disputes of every kind between Germany and Poland
   with regard to which the Parties are in conflict as to
   their respective rights, and which it may not be
   possible to settle amicably by the normal methods of
   diplomacy, shall be submitted for decision either to an
   arbitral tribunal or to the Permanent Court of
   International justice, as laid down hereafter."

                                                  [Page 127]

I go straight to Article 2:-

   "Before any resort is made to arbitral procedure before
   the Permanent Court of International Justice, the
   dispute may, by agreement between the Parties, be
   submitted, with a view to amicable settlement, to a
   permanent international commission, styled the Permanent
   Conciliation Commission, constituted in accordance with
   the present Treaty."

Thereafter the Treaty goes on to lay down the procedure for
arbitration and for conciliation.

THE PRESIDENT: It is in the same terms, is it not, as the
arbitration treaty between Germany and Czechoslovakia and
Germany and Belgium?

LIEUTENANT-COLONEL GRIFFITH-JONES: Well - yes, it is, my
Lord, both signed at Locarno.

THE PRESIDENT: Yes.

LIEUTENANT-COLONEL GRIFFITH-JONES: The wording, however, of
the charge in Section 10, it will be noted, is that Germany
did, on or about the 1st September, 1939, unlawfully attack
and invade Poland without having first attempted to settle
its disputes with Poland by peaceful means.

The only other treaty to which I refer, the German-Polish
Declaration of the 26th January, 1934, will be found as the
last document in Part 1 of the Tribunal's document book,
which is the subject of Section 10 of Appendix C.

"The German Government and the Polish Government" - This, of
course, was signed on the 26th January, 1934.

   "The German Government and the Polish Government
   consider that the time has come to introduce a new era
   in the political relations between Germany and Poland by
   a direct understanding between the States. They have
   therefore decided to establish by the present
   declaration a basis for the future shaping of those
   relations.
   
   The two Governments assume that the maintenance and
   assurance of a permanent peace between their countries
   is an essential condition for general peace in Europe."

THE PRESIDENT: Do you think it is necessary to read all
this? We are taking judicial notice of it.

LIEUTENANT- COLONEL GRIFFITH-JONES: I am very much obliged.
I am willing to shorten this, if I can.

In view of what is later alleged by the Nazi Government, I
will particularly draw attention to the last paragraph in
that declaration:

   "The declaration shall remain in effect for a period of
   ten years counting from the day of exchange of
   instruments of ratification. In case it is not denounced
   by one of the two governments six months before the
   expiration of that period of time, it shall continue in
   effect, but can then be denounced by either government
   after six months and at any time six months in advance."

My Lord, I pass then from the breach of treaties to present
to the Court the evidence upon the planning and preparation
of these wars, and in support of the allegations that they
were wars of aggression. For convenience, as I say, the
documents have been divided into separate parts and if the
Tribunal would look at the index, the total index to their
documents, which is a separate book, on the front page it
will be seen how these documents have been divided. Part 1
is the "Treaties"; Part 2 is entitled "Evidence of German
Intentions Prior to March, 1939." It might perhaps be more
accurately

                                                  [Page 128]

described as "Pre-March, 1939, Evidence", and it will be
with that part that I would now deal.

It has been put to the Tribunal that the actions against
Austria and Czechoslovakia were in themselves part of the
preparation for further aggression, and I now - dealing with
the early history of this matter - wish to draw the Court's
particular attention only to those parts of the evidence
which show that even at that time, before the Germans had
seized the whole of Czechoslovakia, they were perfectly
prepared to fight England, Poland and France, if necessary,
to achieve those aims; that they appreciated the whole time
that they might well have to do so. And, what is more, that,
although not until after March, 1939, did they begin their
immediate and specific preparations for a specific war
against Poland, nevertheless, they had, for a considerable
time before, had it in mind specifically to attack Poland,
once Czechoslovakia was completely theirs.

During this period also - and this happens throughout the
whole story of the Nazi regime in Germany - as afterwards,
while they are making their preparations and carrying out
their plans, they are giving to the outside world assurance
after assurance so as to lull them out of any suspicion of
their real object.

The dates - as I think the Attorney General said, addressing
you yesterday - the dates in this case, almost more than the
documents, speak for themselves. The documents in this book
are arranged in the order in which I will refer to them, and
the first that I would refer to is Document TC-70, which
will go in as GB 25.

It is only interesting to see what Hitler said of the
agreement with Poland when it was signed in January, 1934.

   "When I took over the Government on the 30th January,
   the relations between the two countries seemed to me
   more than unsatisfactory. There was a danger that the
   existing differences which were due to the territorial
   Clauses of the Treaty of Versailles, and the mutual
   tension resulting therefrom, would gradually crystallise
   into a state of hostility which, if persisted in, might
   too easily acquire the character of a dangerous
   traditional enmity."

I go down to the last paragraph:-

   "In the spirit of this Treaty the German Government is
   willing and prepared to cultivate economic relations
   with Poland in such a way that here, too, the state of
   unprofitable suspicion can be succeeded by a period of
   useful co-operation. It is a matter of particular
   satisfaction to us that in this same year the National
   Socialist Government of Danzig has been enabled to
   effect a similar clarification of its relations with its
   Polish neighbour."

That was in 1934. Three years later, again on the 30th
January, speaking in the Reichstag, Hitler said - this is
Document PS-2368, which will be GB 26. I will, if I may,
avoid so far as possible repeating passages which the
Attorney General quoted in his speech the other day. The
first paragraph, in fact, he quoted to the Tribunal. It is a
short paragraph but perhaps I might read it now, but I will,
dealing with this evidence, so far as possible avoid
repetition - Hitler said, on that occasion:

  "By a series of agreements we have eliminated existing
  tension and thereby contributed considerably to an
  improvement in the European

                                                  [Page 129]

  atmosphere. I merely recall an agreement with Poland
  which has worked out to the advantage of both sides. True
  statesmanship will not overlook realities but consider
  them. The Italian nation and the new Italian State are
  realities. The German nation and the German Reich are
  equally realities, and to my own fellow citizens I would
  say that the Polish nation and the Polish State have also
  become a reality."

That was on the 30th January, 1937.

On the 24th June, 1937, we have a "Top Secret Order ", C-
175, which has already been put in as Exhibit USA 69. It is
a "Top Secret Order" issued by the Reich Minister for War
and Commander-in-Chief of the Armed Forces, signed "von
Blomberg". There is at the top, "Written by an Officer.
Outgoing documents in connection with this matter and
dealing with it in principle are to be written by an
officer." So it is obviously highly secret, and with it is
enclosed a Directive for the Unified Preparation for War of
the Armed Forces to come into force on the 1st August, 1937.
The directive enclosed with it is divided into Part 1,
"General Guiding Principle"; Part 2, "Likely Warlike
Eventualities"; Part 3, "Special Preparations".

The Tribunal will remember that the Attorney General quoted
the opening passages. The general position justifies the
supposition that Germany need not consider an attack from
any side.

It goes on - the second paragraph:

  "The intention to unleash a European war is held just as
  little by Germany. Nevertheless, the politically fluid
  world situation, which does not preclude surprising
  incidents, demands a continuous preparedness for war of
  the German Armed Forces.
  
  To counter attacks at any time, and to enable the
  military exploitation of politically favourable
  opportunities should they occur."

It then goes on to set out the preparations which are to he
made, and I would particularly draw the Tribunal's attention
to paragraph 2b:

  "The further working on mobilisation without public
  announcement, in order to put the Armed Forces in a
  position to begin a war suddenly and by surprise both as
  regards strength and time."

On the next page, under Paragraph 4:

  "Special preparations are to be made for the following
  eventualities:
  Armed intervention against Austria; warlike entanglement
  with Red Spain."

Thirdly, and this shows so clearly how they appreciated at
that time that their actions against Austria and
Czechoslovakia might well involve them in war, "England,
Poland, Lithuania take part in a war against us."

If the Tribunal would turn over to Part 2 of that directive,
Page 5 of that document: "Probable warlike eventualities-

  Concentrations":-
  
  1. War on two fronts with focal point in the West.
  
  Suppositions. In the West, France is the opponent.
  Belgium may side with France, either at once, or later,
  or not at all. It is also possible that France may
  violate Belgium's neutrality if the latter is neutral.
  She will certainly violate that of Luxembourg."

I pass to Part 3, which will be found on Page 9 of that
exhibit, and I particularly refer to the last paragraph on
that page under the heading "Special Case-Extension Red-
Green." It will he remembered that Red was Spain and Green
was Czechoslovakia.

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