Archive/File: imt/tgmwc/tgmwc-01/tgmwc-01-08.06
Last-Modified: 1999/09/04

I refer to "First Decree of the Fuehrer and Reich Chancellor
concerning the introduction of German Reich Law in Austria, 15th
March, 1938," Reichsgesetzblatt, Volume 1, page 247, number 25,
the translation being in our document 2310-PS.

Hitler, Frick and Goering ordered that the Reich Minister of the
Interior be the central authority for carrying out the reunion of
Austria with the German Reich, 16th March, 1932,
Reichsgesetzblatt, 1938 - that must be 1938 - Volume 1, page 249,
number 25, translated in our document 1060-PS.

In connection with Germany's extensive propaganda campaign to
insure acceptability of the German regime, it may be noted that
Goebbels established a Reich Propaganda Office in Vienna.

I cite "Order concerning the Establishment of a Reich Propaganda
Office in Vienna, 31st March, 1938," Reichsgesetzblatt 1938,
Volume 1, page 350, number 46, translated in our document 2935-PS.

The ballot addressed to soldiers of the former Austrian Army as
"German soldiers" asked the voters whether they agreed with the
accomplishment and ratification on 13th March, 1938, of the
reuniting of Austria with Germany.

I cite "Second Order concerning Plebiscite and Election for the
Greater German Reichstag of 24th March, 1938, " Reichsgesetzblatt,
1938, Volume 1, page 303, translated in our document 1659-PS.

The ground work was fully laid before the holding of the
plebiscite "for German men and women of Austria" promised in the
Basic Law of 13th March."

Then, the importance of Austria in further plans of aggression.
Could we run that screen up, or is the chart still behind it?
Well, the Court will remember the chart.

The seizure of Austria had now formed that lower jaw to the head
of the wolf around the head of Czechoslovakia. Germany's desire to
consummate the Anschluss with Austria, and its determination to
execute that aim in the way and at the time that it did - that is,
with threat of military force, quickly, and despite political risk
- was due to the importance of Austria in its further plans of
aggression.

The conference held on 5th November, 1937, planning for aggressive
war in Europe outlined as objectives in Austria the conquest
through expulsion of a million people and the effective increase
in fighting strength, in part through the improvement in the
Frontier.

I cite again document 386-PS, exhibit USA 25. Austria was to yield
to Germany material resources, and moreover she provided ready
cash, taken from the Jews and from the Austrian Government.

One of the first orders passed after the Anschluss was an order
signed by Hitler, Frick, Schwerin von Krosigk and Schacht for the
transfer to the Reich of the assets of the Austrian National Bank.
I refer to the "Order for the Transfer of the Austrian National
Bank to the Reichsbank, 17th March, 1938," Reichsgesetzblatt,
1938, Volume 1, page 254, number 27, translated in our document
2313-PS.

Austria also yielded human resources. Three months after the
Anschluss there was enacted a decree requiring the 21-year-old
men, Austrian men, to report for active military service. I refer
to the decree regarding registration for active military service
in Austria during 1938, Reichsgesetzblatt, 1938, Volume 11, page
631, translated in our document 1660-PS.

The acquisition of Austria improved the military strategic
position of the German Army. I invite the Court's attention to a
document which I introduced in the case on preparation for
aggression, document L-I72, exhibit USA 34, which was

                                                        [Page 264]

a lecture delivered by General Jodl, Chief of the German Staff of
the Armed Forces, on 7th November, at Munich, to the Gauleiters.
Only one page of that lecture appears in this particular document
book, and I quote from one paragraph on page 1 of the English
text, which is page 7 of Jodl's lecture, which reviewed the
situation in 1938:-

"The Austrian 'Anschluss,' in its turn, brought with it not only
the fulfilment of an old national aim but also had the effect both
of reinforcing our fighting strength and of materially improving
our strategic position. Whereas up till then the territory of
Czechoslovakia had projected in a most menacing way right into
Germany (a wasp waist in the direction of France and an air base
for the Allies, in particular Russia), Czechoslovakia herself was
now enclosed by pincers. Her own strategic position had now become
so unfavourable that she was bound to fall a victim to any attack
pressed home with rigour before effective aid from the West could
be expected to arrive."

The Nazi conspirators were now ready to carry out the second part
of this second phase of their aggression, and to take over
Czechoslovakia.

Logically, if the Tribunal please, we should proceed at this point
with the story about Czechoslovakia. For reasons that I explained
earlier in the week we have had to change our plans somewhat from
a strictly logical order, and the plan at present is that on
Monday I shall go forward with the Czechoslovakian part of the
aggressive war case.

At this point it is planned by our staff to show a motion picture,
and it will take some few minutes to make physical arrangements in
the courtroom, so that if the Court should feel like recessing
those arrangements could be made.

THE PRESIDENT: Could you tell me how long the showing of the
picture will take?

MR. ALDERMAN: My understanding is about an hour.

THE PRESIDENT: We will adjourn for ten minutes then, shall we now,
or until the picture is ready?

(A recess was taken.)

COLONEL STOREY: Mr. President, if the Tribunal please, Sir,
supplementing what Mr. Alderman has said, we have had to adjust
our presentation to some extent. To-morrow morning, the witness
will be offered for interrogation. Then Mr. Alderman on Monday,
and Sir Hartley Shawcross will make the opening statement for the
British Empire on Tuesday morning.

The film this afternoon, at the request of the defendants'
counsel, made in writing to the Court, was exhibited to
defendants' counsel the day before yesterday evening in this
courtroom. I personally requested Dr. Dix to convey the invitation
to defence counsel to witness the film. Eight of them came. Dr.
Dix advised me kindly that he would not come unless he were forced
to come.

I now present Mr. Dodd, who will have charge of the presentation.

MR. DODD: If it please the Tribunal, the prosecution for the
United States will at this time present to the Tribunal, with its
permission, a documentary film on concentration camps. This is by
no means the entire proof which the prosecution will offer with
respect to the subject of concentration camps, but this film which
we offer represents in a brief and unforgettable form an
explanation of what the words "concentration camp" imply.

This subject arises appropriately in the narrative of events
leading up to the actual outbreak of aggressive war, which, as Mr.
Alderman's presentation shows, was planned and prepared by the
Nazi conspirators. We propose to show that concentration camps
were not an end in themselves but, rather, they were an integral
part of the Nazi system of government. As we shall show, the black-
shirted guards of the S.S. and the Gestapo stood ranged behind the
official pages of the Reichsgesetzblatt.

We intend to prove that each and every one of these defendants
knew of the existence of these concentration camps; that fear and
terror and nameless horror

                                                        [Page 265]

of the concentration camps were instruments by which the
defendants retained power and suppressed the opposition to any of
their policies, including, of course, their plans for aggressive
war. By this means they enforced the controls imposed upon the
German people, as required to execute these plans, and obliterated
freedom in Germany and in the countries invaded and occupied by
the armies of the Third Reich.

Finally, we ask the Tribunal in viewing this film to bear in mind
the fact that the proof to be offered at a later stage of this
trial will show that on some of the organisations charged in this
indictment lies the responsibility for the origin, the control and
the maintenance of the whole concentration camp system. On the
S.S., the S.D. - a part of the S.S. which tracked down the victims
- upon the Gestapo, which committed the victims to the camps, and
upon other branches of the S.S. which were in charge of the
atrocities committed therein.

Commander James Donovan will introduce the film with a statement
explaining its source and its authenticity. Commander James
Donovan.

COMMANDER DONOVAN: May it please the Tribunal, I refer to document
2430-PS, concerning the motion picture entitled "Nazi
Concentration Camps " and to the affidavits of Commander James B.
Donovan, Lt.-Colonel George C. Stevens, Lieutenant E. R. Kellogg
and Colonel Erik Tiebold contained therein. The affidavits of
Colonel Stevens and of Lieutenant Kellogg are also contained in
the motion picture, and thus will be in the record of the
Tribunal. With the permission of the Tribunal, I shall now,
however, read into the record those affidavits not appearing in
the film.

THE PRESIDENT: In the absence of any objection by the defence
counsel, we don't think it is necessary to read these formal
affidavits.

COMMANDER DONOVAN: Yes, sir. The United States now offers in
evidence an official film, a documentary motion picture report on
Nazi Concentration Camps. This report has been compiled from
motion pictures taken by Allied military photographers as the
Allied armies in the West liberated the areas in which these camps
were located. The accompanying narration is taken directly from
the reports of the military photographers who filmed the camps.

While these motion pictures speak for themselves in evidencing
life and death in Nazi concentration camps, proper authentication
of the films is contained in the affidavits of the United States
Army and Navy officers, to which I have referred.

As has been stated, this motion picture has been made available to
all defence counsel, and they possess copies in their information
room of the supporting affidavits duly translated.

If the Tribunal please, we shall proceed with the projection of
the film, document 2430-PS, which is exhibit USA 79.

(Photographs of the two affidavits were then projected on the
screen and the voices of the respective deponents were reproduced
reading them.)

"I, George C. Stevens, Lieutenant-Colonel, Army of the United
States, hereby certify:-

1. From 1st March, 1945, to 8th May, 1945, I was on active duty
with the United States Army Signal Corps attached to the Supreme
Headquarters, Allied Expeditionary Forces, and among my official
duties was direction of the photographing of the Nazi
concentration camps and prison camps as liberated by Allied
forces.

2. The motion pictures which will be shown following this
affidavit were taken by official Allied photographic teams in the
course of their official duties, each team being composed of
military personnel under the direction of a commissioned officer.

3. To the best of my knowledge and belief, these motion pictures
constitute a true representation of the individuals and scenes
photographed. They have not been altered in any respect since the
exposures were made. The accompanying

                                                        [Page 266]

narration is a true statement of the facts and circumstances under
which these pictures were made.

Signed) George C. Stevens, Lieutenant Colonel, U.S.A."

Sworn to before me this 2nd day of October, 1945.

(Signed) James B. Donovan, Commander, United States Naval Reserve.

I, E. R. Kellogg, Lieutenant, United States Navy, hereby certify
that:-

1. From 1929 to 1941 I was employed at the Twentieth Century Fox
Studios in Hollywood, California, as a director of film effects,
and am familiar with all photographic techniques. From 6th
September, 1941, to the present date 27th August, 1945, 1 have
been on active duty with the United States Navy.

2. I have carefully examined the motion picture film to be shown
following this affidavit, and I certify that the images of these
excerpts from the original negative have not been retouched,
distorted or otherwise altered in any respect, and are true copies
of the originals held in the vaults of the United States Army
Signal Corps. These excerpts comprise 6,000 feet of film selected
from 80,000 feet, all of which I have reviewed and all of which is
similar in character to these excerpts.

(Signed) E. R. Kellogg, Lieutenant, United States Navy.

Sworn to before me this 27th day of August, 1945. (Signed) John
Ford, Captain, United States Navy."

(The film was then shown.)

COLONEL STOREY: That concludes the presentation.

(The Tribunal adjourned until 30th November, 1945, at 1000 hours.)

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