The Nizkor Project: Remembering the Holocaust (Shoah)

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	The structure and the functioning of the German General Staff and High
Command group has been described in a series of affidavits by some of the
principal German field marshals and generals. These affidavits are included
in Document Book 1. I want to state briefly how these statements were
obtained.

	In the first place two American officers who were selected for their ability and experience in interviewing high-ranking German prisoners-of-war were briefed by an Intelligence Officer and by the trial counsel on the 
particular problems presented by this part of the case, the organisational side of the German Armed Forces. These officers were already well versed in military intelligence and were fluent in German. It was emphasised that the function of these interrogating officers was merely to inquire into and establish the facts with respect to the organisation of the Armed Forces, to establish facts on which the prosecution wanted to be accurately informed.
	
	The German generals to be interrogated were selected on the basis of the
special knowledge which they could be presumed to possess by reason of the
positions which they had held in the past. After each interview the
interrogator prepared a report, and from this report such facts as appeared
relevant to the issues before the Tribunal were extracted and a statement
embodying them was prepared. This statement was then presented to the
German officer at a later interview in the form of a draft, and the German
officer was asked whether it truly reproduced what he had said, and was
invited to alter it in any way he saw fit. The object was to procure the 
most accurate testimony that we could on organisational matters.
	
	I will take up these affidavits one by one, and I think the members of the
Tribunal will see that they fully support the prosecution's description of 
the group, and conclusively establish that this group of officers was, in fact, 
the group which had the major responsibility for planning and for directing the operations of the German Armed Forces.
	
	The Soviet and French judges have copies in French and Russian, and
the defence has copies in German.
	
	The first of these affidavits is that of Franz Halder who held the rank
of "Generaloberst " or Colonel-General - the equivalent of a four-star
general in the American Army. His affidavit will be Exhibit USA 531-
Halder was Chief of the General Staff of O.K.H. That would be the box

                                                                  [Page 309]

second from the bottom on the left-hand side. He was Chief of the General
Staff of the O.K.H. from September, 1938, to September, 1942. He is,
accordingly, a member of the group and well qualified by his position to
testify as to the organisation. His statement is short, and I will read it
in full:
	
     "Ultimate authority and responsibility for military affairs in Germany
     was vested in the Head of the State, who prior to 2nd August, 1934,
     was Field Marshal von Hindenburg and thereafter, until 1945, was
     Adolf Hitler.
	
	 Specialised military matters were the responsibility of the three
branches of the Armed Forces subordinate to the Commander-in-Chief
of the Armed Forces (at the same time Head of the State), that is to
say, the Army, Navy and the Air Force. In practice, supervision
within this field was exercised by a relatively small group of high-
ranking officers. These officers exercised such supervision in their
official capacity and by virtue of their training, their positions, and 
their mutual contacts. Plans for military operations of the German Armed
Forces were prepared by members of this group according to the
instructions of the O.K.W. in the name of their respective commanding
officers, and were presented by them to the Commander-in-Chief
of the Armed Forces (at the same time the Head of the State).
	
	 The members of this group were charged with the responsibility of
preparing for military operations within their competent fields, and
they actually did prepare for any such operations as were to be under-
taken by troops in the field.

	 Prior to any operation, members of this group were assembled and
given appropriate directions by the Head of the State. Examples of
such meetings are the speech by Hitler to the Commanders-in-Chief
on 22nd August, 1939, prior to the Polish campaign, and the consulta-
tion at the Reich Chancellery on 14th June, 1941, prior to the
Russian campaign. The composition of this group and the relationship
of its members to each other were as shown in the attached chart.
This was, in effect, the General Staff and High Command of the German
Armed Forces. 	
         (Signed) Halder."
	
	The chart to which reference is made is the chart which is at the front of the room and which was attached to the affidavit. The two meetings referred to in the last paragraph of the affidavit are covered by documents which will be introduced subsequently.
	
	I next offer a substantially identical statement by von Brauchitsch, which
will be Exhibit USA 532. Von Brauchitsch held the rank of Field
Marshal and was Commander-in-Chief of the Army from 1938 to 1941,
and therefore was also a member of the group. I need not read his statement,
since it is practically the same as that given by Halder, but I will ask 
that it be set forth in full in the transcript at this point. The only difference between the two statements is in the last sentence of each. Halder states
that the group described in the Indictment "was, in effect, the General
Staff and High Command of the German Armed Forces," whereas von
Brauchitsch puts it a little differently, saying, "In the hands of those 
who filled the positions shown in the chart lay the actual direction of the 
Armed Forces." Otherwise, the two statements are identical.

                                                               [Page 310]

(The document referred to above is as follows.)
	
     "Ultimate authority and responsibility for military affairs in Germany
was vested in the Head of State who, prior to 2nd August, 1934, was
Field Marshal von Hindenburg, and thereafter until 1945 was Adolf
Hitler.

	Specialised military matters were the responsibility of the three
branches of the Armed Forces subordinate to the Commander-in-Chief
of the Armed Forces (at the same time Head of State), that is to say,
the Army, the Navy and the Air Force. In practice, supervision within
this field was exercised by a relatively small group of high-ranking
officers. These officers exercised such supervision in the official
capacity and by virtue of their training, theirpositions and their mutual
contracts. Plans for military operations of the German Armed Forces
were prepared by members of this group according to the instructions
of the O.K.W. in the name of their respective Commanding Officers
and were presented by them to the Commander-in-Chief of the Armed
Forces (at the same time Head of State).
	
	The members of this group were charged with the responsibility of
preparing for military operations within their competent fields and they
actually did prepare for any such operations as were to be undertaken
by troops in the field.
	
	Prior to any operation, members of this group were assembled and
given appropriate directions by the Head of State. Examples of such
meetings are the speech by Hitler to the Commanders-in-Chief on
22nd August, 1939, prior to the Polish campaign, and the consultation
at the Reich Chancellery on 14th June, 1941, prior to the Russian
campaign. The composition of this group and the relationship of its
members to each other were as shown in the attached chart. In the
hands of those who filled the positions shown in the chart lay the actual
direction of the Armed Forces. 		
         (Signed) von Brauchitsch."

	COLONEL TAYLOR: Now, the Tribunal will see from these affidavits
that the chart, which is on display at the front of the Court and which is
contained in the short expository statement, has been laid before von
Brauchitsch and Halder, and that these two officers have vouched for it
under oath as an accurate picture of the top Organisation of the German
Armed Forces. The statements by von Brauchitsch and Halder also fully
support the prosecution's statement that the holders of the positions shown
on this chart constitute the group in whom lay the major responsibility for
the planning and execution of all Armed Forces matters.

	I would now like to offer another affidavit by Halder which sets forth
some of the matters of detail to which I referred in describing the group.
It is quite short. It is Affidavit Number 6, which becomes Exhibit USA
533, and I shall read it. in full into the transcript :
	
	
     "The most important department in the O.K.W. was the Operations
     Staff, in much the same way as the General Staff was in the Army and
     Air Force and the Naval War Staff in the Navy. Under Keitel there
     were a number of departmental chiefs who were equal in status with
     Jodl, but in the planning and conduct of military affairs, they and their
     departments were less important and less influential than Jodl and
     Jodl's staff.

                                                               [Page 311]

     "The  O.K.W. Operations Staff was also divided into sections. Of
these the most important was the section of which Warlimont was chief.
It was called the National Defence Section and it was primarily con-
cemed with the development of strategic questions. From 1941
onwards, Warlimont, though charged with the same duties, was known
as Deputy Chief of the O.K.W. Operations Staff.

	There was, during World War II, no unified General Staff such as
the Great General Staff which operated in World War I.
	
	Operational matters for the Army and Air Force were worked out by
the group of high-ranking officers described in my statement of 7th
November (in the Army, General Staff of the Army, and in the Air
Force, the General Staff of the Air Force).

	Operational matters of the Navy were, even in World War I, not
worked out by the Great General Staff but by the Naval Staff,

     (Signed) Halder."

	The Tribunal will note that this affidavit is primarily concerned with
the functions of the General Staffs of the four commands of O.K.W., O.K.L.,
O.K.H. and O.K.M., and fully supports the inclusion in the group of the
Chiefs of Staff of the four services, as well as the inclusion of Warlimont
as Deputy Chief of the O.K.W. staff because of his strategic planning
responsibilities.

	I have just one other very short affidavit covering a matter of detail.
The Tribunal will remember that the highest fighting formation in the
German Air Force was known as an air fleet or Luftflotte, and that all
commanders-in-chief of air fleets are included in this group. That is
the box in the lower right-hand corner. The commanders of air fleets
always had the status of " Oberbefehlshaber," but they were not formally so
designated until 1944. These facts are set forth in an affidavit by the son
of Field Marshal von Brauchitsch. His son had the rank of Oberst, or
colonel, in the German Air Force, and was personal aide to the defendant
Goering as Commander-in-Chief of the Air Force. His affidavit is Number 9
and becomes Exhibit USA 534. It reads as follows:
	
     "Luftflottenchefs have the same status as the 'Oberbefehlshaber'
     of an army. During the war they had no territorial authority and,
     accordingly, exercised no territorial jurisdiction.

	They were the highest troop commanders of the Air Force units
subordinate to them, and were directly under the command of the
Commander-in-Chief of the Air Force.
	
	Until the summer of 1944 they bore the designation 'Befehlshaber'
and from then on that of  'Oberbefehlshaber.' This change of designa-
tion carried with it no change from the functions and responsibilities
that they previously had."


	Your Honour, that concludes the description of the composition of the
group and its personnel. The staff of the Tribunal have referred to me
two inquiries which have been addressed to the Tribunal by counsel for
the group, and it seemed to me it might be appropriate if I disposed of these
inquiries now, as to the composition of the group. The letters were turned
over to me two days ago.
	
	The first is from Hofrat Dullmann, and he has asked whether the group,
as defined in the Indictment, is contingent upon rank; whether it includes
officers holding a definite rank such as field marshal or "Generaloberst."

                                                               [Page 312]

	The answer to that is clearly "No." As has been pointed out, the
criterion of membership in the group is whether one held one of the positions
on the chart up there, and one would be in the group if one held one of the
positions, no matter what one's rank. Rank is no criterion. In point of
fact, I suppose, everybody in the group held at least the rank of general in the
German Army, which is the equivalent of lieutenant-general in ours.

He has also asked whether the group includes officers of the so-called
"General Staff Corps." The answer to that is "No." There was in the
German Army a war academy, and graduates of the war academy were in
the branch of service described as the General Staff Corps. They signed
themselves, for example, "Colonel in Generalstab." They functioned
largely as adjutants and assistants to the chief staff officers. I suppose
there were some thousands of them - two or three thousand, but they are not
included in the group. Many of them were officers of junior rank. They
are not named in the Indictment, and there is no reason and no respect in
which they are comprehended within the group as defined.
	
	The other letter of inquiry is from Dr. Exner, who states that he is in
doubt as to the meaning of " Oberbefehlshaber," and goes on to state that
he believes that "Oberbefehlshaber " includes commanders-in-chief in
theatres of war, the commanders-in-chief of army groups, and the com-
manders-in-chief of armies. That is quite right. Those are the positions
as shown on the chart.

	Let us now spend a few minutes examining the way this group worked.
In many respects, of course, the German military leaders functioned in the
same general manner as obtained in the military establishments of other
large nations. General plans were made by the top staff officers and their
assistants, in collaboration with the field generals or admirals who were
entrusted with the execution of the plans. A decision to wage a particular
campaign would be made, needless to say, at the highest level, and the making
of such a decision would involve political and diplomatic questions, as well
as purely military considerations. When, for example, the decision was
made to attack Poland, the top staff officers in Berlin and their assistants
would work out general military plans for the campaign. These general
plans would be transmitted to the commanders of the army groups and armies
who would be in charge of the actual campaign, and then there would follow
consultation between the top field commanders and the top staff officers
of O.K.W. and O.K.H., in order to revise and perfect and refine the plans.
	
	The manner in which this group worked, involving as it did the inter-
change of ideas and recommendations between the top staff officers of
O.K.W. and O.K.H. on the one hand and the principal field commanders
on the other hand, is graphically described in two statements by Field
Marshal von Brauchitsch. That is Affidavit No- 4, which will be Exhibit
USA 535. I invite the Tribunal's attention to these and will read them into
the transcript. The statement of 7th November, 1945 :
	
     "In April, 1939, 1 was instructed by Hitler to start military prepara-
tions for a possible campaign against Poland. Work was immediately
begun to prepare an operational and deployment plan. This was then
presented to Hitler and approved by him, after an amendment which he
desired. After the operational and deployment orders had been given
to the two commanders of the army groups and the five commanders of
the armies, conferences took place with them about details, in order to

                                                            [Page 313]


     hear their wishes and recommendations. After the outbreak of the
     war I continued this policy of keeping in close and constant touch
     with the commanders-in-chief of army groups and of armies, by personal
     visits to their headquarters, as well as by telephone, teletype, or 
     wireless.

     In this way I was able to obtain their advice and their recommendations
     during the conduct of military operations. In fact, it was the accepted
     policy and common practice for the commander-in-chief of the army
     to consult his subordinate commanders-in-chief and maintain a constant
     exchange of ideas with them.

	 The commander-in-chief of the army and his chief of staff communi-
     cated with army groups and through them, as well as directly, with the
     armies ; through army groups on strategic and tactical matters; directly
     on questions affecting supply and administration of conquered territory
     occupied by the armies. An army group had no territorial jurisdiction.
     It had a relatively small staff, which was concerned only with military
     operations. In all territorial matters it was the commander-in-chief
     of the army, and not of the army group, who exercised jurisdiction.

     (Signed) von Brauchitsch."

There follows a supplement to the statement of 7th November :

	 "When Hitler had made a decision to support the realisation of his
political objectives through military pressure or through the application
of military force, the commander-in-chief of the army, if he were
at all involved, generally first received an appropriate oral briefing or
an appropriate oral command. Operational and deployment plans were
next worked out in the O.K.H. After these plans had been presented
to Hitler, generally by word of mouth, and had been approved by him,
there followed a written order from the O.K.W. to the three branches
of the Armed Forces. In the meanwhile the O.K.H. began to transmit
the operational and deployment plans to the army groups and armies
involved.
	
	Details of the operational and deployment plans were discussed by
the O.K.H. with the commanders-in-chief of the army groups and armies
and with the chiefs of staff of these commanders. During the operations
the O.K.H. maintained a constant exchange of ideas with the army
groups by means of telephone, radio, and courier. The commander-
in-chief of the army used every opportunity to maintain a personal
exchange of ideas with the commanders of army groups, armies, and
lower echelons by means of personal visits to them.
	
	In the war against Russia the commanders of army groups and armies
were individually and repeatedly called in by Hitler for consultation.
Orders for all operational matters went from the O.K.H. to army
groups, and for all matters concerning supply and territorial jurisdiction
from the O.K.H. directly to the armies. 
     (Signed) von Brauchitsch."
	
	The Oberbefehlshabers in the field therefore - and in the case of the army
that means the commanders-in-chief of army groups and armies - participated
in planning and directing the execution of the plans, as those affidavits 
show.
The Oberbefehlshabers were also the repositories of general executive
powers in the areas in which their army groups and armies were operating.
 In this connection I invite the Court's attention to 447-PS, which is 
already
in evidence as Exhibit USA 135 ; Document 447-PS, this being a directive
of 13th March, 1941, signed by Keitel and issued by the Supreme Command

                                                                   [Page 314]

of the Armed Forces. This directive sets out various regulations for the operations against the Soviet Union which were actually begun a few months later on 22nd June


The documents, your Honour, are in numerical order in Document Books 2 and 3. Document Book 2 contains C and L; Document Book 3 contains PS; and this, being 447-PS, will be in Document Book 3 in numerical order within the PS's. And within that document, under paragraph 1, the paragraph entitled "Area of Operations and Executive Power" ("Vollziehende Gewalt"), the Tribunal will find sub-paragraph 1, in which the following appears. That is Page 1 of the translation, paragraph 2:

     "It is not intended to declare East Prussia and the Government-General an area of operations. However, in accordance with the unpublished Fuehrer orders from 19th and 21st Octover, 1939, the commander-in-chief of the Army shall be authorised to take all measures necessary for the execution of his military aim and for the safeguarding of the troops. He may transfer his authority to the commanders-in-chief" - that, in the original german is "Oberbefehlshaber" - "of the army groups and armies. Orders of that kind have priority over all orders issued by civilian agencies."

Your Honour will see that this executive power, with priority over civilian agencies, was vested in the commander-in-chief of the army, with authority to transfer it to commanders-in-chief of army groups or armies - to the members of the group as defined in the Indictment.

Further on in the document, under sub-paragraph 2a, the document states - that is the fourth paragraph, on Page 1 of the document:

     "The ares of operations created through teh advance of the army beyond the frontiers of the Reich and the neighbouring countries is to be limited in depth as far as possible. The commander-in-chief  of the army has the right to exercise the executive pwer (Vollziehende Gewalt) in this area, and may transfer his authority to the commanders-in-chief (Oberbefehlshaber) of the army groups and armies."

THE PRESIDENT: This would be a convenient time to break off.

                     (A recess was taken until 1400 hours.)

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