Archive/File: imt/tgmwc/tgmwc-04/tgmwc-04-30.05
Last-Modified: 1999/09/23

My Lord, I need not read more. I submit that this clearly
shows Jodl to have had knowledge of the forthcoming breach
of Versailles.

                                                  [Page 110]

My Lord, the day before the Rhineland was reoccupied on the
7th March, 1936, the defendant Keitel issued the directive
which has been read before, Document C-194, Exhibit USA 55,
ordering an air reconnaissance and certain U-boat movements
in case any other nation attempted to interfere with that if
reoccupation.

My Lords I pass now to the 4th February, 1938, when the
O.K.W. was formed. Shortly after its formation there was
issued a handbook which is a new exhibit, from which I want
to read short passages. The number of the document is L-211.
It is GB 161.

Now, this is dated 19th April, 1938, "Top Secret for
Commanders only. Direction of War as a Problem of
Organisation." I read only from the appendix which is
entitled, "What is the War of the Future?" and if the Court
will kindly turn over to the second page, I am going to read
12 lines from the bottom of the page, the line beginning
"Surprise."

   "Surprise which must be the premise for quick initial
   success will often require hostilities to begin before
   mobilisation has been completed or the armies are fully
   in position.
   
   A declaration of war is no longer necessarily the first
   step at the start of a war.
   
   The normal rules of war towards neutral nations may be
   considered to apply only on the basis of whether the
   operation of these rules will create greater advantages
   or disadvantages for the warring nation."

It may, of course, be said that those were only theoretical
words and they might apply to any other nation who might be
minded to make war on Germany. The Court can use its
judicial notice of the conditions of things in Europe in
1938 and ask itself whether Germany had any potential
aggressor against her.

But, my Lord, I emphasise that passage because I submit it
so clearly envisages exactly the way in which Germany did
make war in 1939 and in the subsequent years.

My Lord, I now start to tread the road which has been
trodden many times already, and which will be trodden so
many times again, the road from 1938 and 1941 to the final
act of aggression. But I believe that I can treat this
period, so far as Keitel and Jodl are concerned, in a very
few sentences because I submit that the documents which are
already in, which have been read and re-read into the
record, demonstrate quite clearly that Keitel, as would only
be expected, he being Chief of the Supreme Command of all
the Armed Forces, and Jodl, as would only be expected also,
he being Chief of the Operations Staff, were vitally and
intimately concerned with every single act of aggression
which took place successively against the various victims of
Nazi aggression.

My Lord, you should have in front of you the document book
and the trial brief in which those documents are set out
under the heading. If I might take first the aggression
against Austria, your Lordship will remember in Jodl's diary
on the 12th February, 1938, how Keitel, who was something
more than a mere soldier, put heavy pressure upon
Schuschnigg - that is Document 1780-PS, Jodl's diary-how on
the following day, Keitel wrote to Hitler - Document 1775-
PS, Exhibit USA 73 - suggesting the shamming of military
action and the spreading of false but quite credible news.

Then, the actual operation orders for Operation Otto,
Exhibits USA 74, 75 and 77, all of the 11th March, 1938, are
O.K.W. orders for which Keitel is responsible.

THE PRESIDENT: What are the numbers of them?

MR. ROBERTS: My Lord, C-102, C-103 and C-182. One of them is
actually signed or initialled by Keitel, and two are
initialled by Jodl. Those are the operation orders for the
advance into Austria, the injunction, if the Tribunal
remembers, to treat Czech soldiers as hostile and to treat
the Italians as friends.

                                                  [Page 111]

My Lord, that is the first milestone on the road, the
occupation of Austria. The second is, is it not -

THE PRESIDENT: Well, perhaps if you are going on to another,
we had better adjourn now until two o'clock.

(A recess was taken until 14.00 hours.)

MR. ROBERTS: May it please the Tribunal: I had got to the
commencement of the aggression against Czechoslovakia, and
the Tribunal will remember that the leading exhibit on that
matter is the file 388-PS, USA 26, the "Fall Grun" file. My
Lords, that file, in my submission, contains copious
evidence against both Keitel and Jodl, showing that they
were doing the normal work of the Chief of the Supreme
Command of the Armed Forces and the head of the Operations
Staff.

May I remind the Tribunal of Item 2 - I do not want to read
any of it. I might just refer to the notes of a meeting on
the 21st April, 1938. The important thing to notice is that
Keitel and the Fuehrer met alone, showing the intimate
connection between the two. And it was at that meeting that
preliminary plans were discussed, including the possibility
of an incident, namely, the murder of the German Ambassador
at Prague.

Item 5 in that file, dated the 20th May, 1938, shows the
plans for the political and the military campaign against
Czechoslovakia, issued by Keitel.

Item 11, dated the 30th May, 1938, is the directive signed
by Keitel for the invasion of Czechoslovakia, with the date
given as the 1st October, 1938.

There are many items which are initialled by Jodl; Item 14
and Item 17, to mention only two.

Perhaps, for the purposes of the note, I should mention the
others, Items 24, 36 and 37.

There is the directive, Items 31 and 32, dated 27th
September, 1938, signed by Keitel, enclosing orders for
secret mobilisation.

Jodl's diary, 1780-PS, contains many references to the
forthcoming aggression, particularly the 13th May and the
8th September, and there is a very revealing entry on the
11th September in Jodl's diary - Document 1780-PS-in which
he says:

   "In the afternoon, conference with the Secretary of
   State."

THE PRESIDENT: Will you give us the date?

MR. ROBERTS: I beg your Lordship's pardon; 11th September,
1938.

   "In the afternoon, conference with Secretary of State
   Jahnke, from the Ministry of Public Enlightenment and
   Propaganda, on the imminent common tasks. The joint
   preparations for refutation of our own violations of
   International Law and the exploitation of its violations
   by the enemy were considered particularly important."

I emphasise those words, "our own violations of
International Law."

My Lord, as a result of that conference, the Document C-2,
which was referred to by my learned leader, Sir David, was
prepared, which the Tribunal win remember has in parallel
columns the possible breach of International Law and the
excuse which is then going to be given for it. It was
referred to so recently that I need not refer to it again.

My Lord, I respectfully submit, on that branch of the
matter, that there is an overwhelming case that Keitel and
Jodl played an important, indeed, a vital part, in the
aggression against Czechoslovakia, which led up to the Pact
of Munich.

After the Pact of Munich was signed, as has been pointed out
many times, the Nazi conspirators at once set about
preparations for annexing the remainder of Czechoslovakia.

My Lord, at this point Jodl disappears from the scene for a
time, because he goes to do some regimental soldiering as
artillery general in Austria-artillery

                                                  [Page 112]

general of the 44th Division - and so it cannot be said that
there is any evidence against him from the Munich Pact until
the 23rd August, 1939, when be is recalled on the eve of the
Polish invasion to take up his duties once more as Chief of
the Operational Staff of O.K.W.

So far as Keitel is concerned, on the 21st October, 1938,
less than a month after the Munich Pact, he countersigned
Hitler's order to liquidate the rest of Czechoslovakia and
to occupy Memel - Document C-136, Exhibit USA 104.

On the 24th November, 1938, Document C-137, Exhibit GB 33,.
Keitel issued a memorandum about the surprise occupation of
Danzig.

On the 17th December, 1939, Document C-138, Exhibit USA 105,
he signed an order to the lower formations, "prepare for the
liquidation of Czechoslovakia." These preparations were
made.

On the 15th March, 1939, Keitel, who, I again repeat, was
more than a mere soldier, was present at the midnight
conference between the Fuehrer and Hacha, President of
Czechoslovakia, when, under a threat of Prague being bombed,
Hacha surrendered the rest of his country to the Germans. I
refrain from referring to the contents of the minutes, which
have been read many times already.

My Lord, so that milestone is past! And again I submit, in
all that aggression, it is clear that Keitel was playing a
vital part as Hitler's right-hand man, commanding all the
Armed Forces under him.

I now pass to the Polish aggression. Keitel was present at
the meeting at the Chancellery on 23rd May, 1939, Document L-
79, Exhibit USA 27, when it was said, quoting just a few
words, so familiar: that Danzig was not the subject of the
dispute; Poland was to be attacked at the first suitable
opportunity; Dutch and Belgian air bases must be occupied;
declarations of neutrality were to be ignored.

The directive for "Fall Weiss," the invasion of Poland, is
Document C-120A, Exhibit GB 41. The date is the 3rd April,
1939. The Tribunal will remember, the plans were to be
submitted to O.K.W. by the 1st May, and the forces were to
be ready for invasion by the 1st September. And that
directive is signed by Keitel.

Document C-126, Exhibit GB 45, is a follow-up of that
previous directive, It is dated the 22nd June, 1939. The
need for camouflage is emphasised, and it is stated: "Do not
disquiet the population." That is signed by Keitel.

On the l7th August, 1939 - Document 795-PS, Exhibit GB 54 -
Keitel had a conference with Admiral Canaris about the
supplying of Polish uniforms to Heydrich, and it will be
noticed in the last paragraph of the note that Admiral
Canaris was against the war, and Keitel argued in favour of
it. And Keitel made the prophecy that Great Britain would
not enter the war.

I submit that Keitel's vital part, again, in the preparation
for the aggression against Poland, is clearly established
beyond the possibility of dispute.

Jodl, as I have said to the Tribunal, was recalled on the
23rd August, as seen in his diary entry, 1780-PS, where he
says that he is recalled to take charge of the Operations
Staff. He says:

   "Received order from Armed Forces High Command to
   proceed to Berlin and take over position of Chief of
   Armed Forces Executive Office."

And then:

   "11.00 hours to 13.30 hours - discussion with Chief of
   Armed Forces High Command. X-Day has been announced for
   the 26th August. Y-Time has been announced for 04.30
   hours."

And I submit that the Tribunal can infer the importance of
Jodl to this conspiracy from the fact that on the eve of the
war he is recalled to Berlin to take his place at the head
of the Operational Staff of the Supreme Command.

So Poland was invaded, and before I pass to the next
aggression may I just point out that, according to the
evidence of General Lahousen, if the Tribunal

                                                  [Page 113]

accepts it on this point, Keitel and Jodl were in the field
with Hitler on the 10th September, 1939. That is in the
shorthand note (Pages 274-275, Part 1). I do not suppose
there will be any dispute that the head of the High Command
and the Chief of his Operation Staff were in the field.

My Lord, I pass now to Norway and Denmark. So far as both
are concerned, we see from Document C-54, Exhibit GB 86,
that on the 12th December, 1939, Keitel and Jodl were both
present at Hitler's conference with Raeder, when the
invasion of Norway was discussed, and Keitel's direct
responsibility to those operations is shown, in my
submission, by Document C-63, Exhibit GB 87, in which Keitel
says that the operations against Norway will be "under my
direct and personal guidance."  And he sets up a planning
staff of O.K.W. for the carrying out of those operations.

Jodl's knowledge and complicity, in my submission, are
clearly shown also from the entries in his own diary-
Document 1809-PS. That is the second part of his diary. And
the Tribunal will remember the entry of the 13th March,
1940, in which he records that the Fuehrer was still looking
for an excuse for the "Weser" operations. That is the 13th
March, my Lord, 1809-PS.

THE PRESIDENT: Yes. The date I have got is the 3rd.

MR. ROBERTS: Page 5 of that actual exhibit, the 13th March,
according to my copy.

THE PRESIDENT: Yes, I see.

MR. ROBERTS: "The Fuehrer does not give the order yet for
'Weser.' He is still looking
for an excuse."

And then, on the 14th March, "Fuehrer has not yet decided
what reason to give for 'Weser' exercise," - which, in my
submission, if I may be allowed to make a short comment,
shows up in a lurid light the code of honour of the military
leaders of Germany - still looking for an excuse.

My Lord, then, as we know, Norway was attacked unawares, and
lying excuses were given.

My Lord, the invasion of the Low Countries and Luxembourg,
in my submission, is equally clearly shown by the documents
to have been controlled and directed by Keitel with Jodl's
assistance. The Tribunal already have a note of the
conference in May of the lands to be occupied, Documents L-
79. C-62, Exhibit GB 106 is a directive, signed Hitler, on
the 9th October, 1939, and another directive, signed Keitel,
on the 15th October. C-62 comprises two documents, the 9th
October and 15th October, two directives, one signed Hitler,
and one signed Keitel, both giving orders for the occupation
of Holland and Belgium.

My Lord, Document C-10, Exhibit GB 108, dated the 8th
November, is Keitel's operation orders for the 7th Parachute
Division to make an airborne landing in the middle of The
Hague.

Document 440-PS, Exhibit GB 107, dated the 20th November,
1939, signed Keitel, is a further directive for the invasion
of Holland and Belgium.

Document C-72, Exhibit GB 109, 7th November, 1939, the 10th
May, 1940, 18 letters, 11 signed by Keitel, 7 signed by
Jodl: The Fuehrer is postponing A-Day because of the
weather.

My Lord, Jodl's diary is also eloquent on that subject. That
is Document 1809-PS. Several entries, perhaps I need not
refer to them again, relating to these forthcoming
operations, culminating with the one on the 8th May, which
perhaps the Tribunal will remember, when Jodl says:
"Alarming information from Holland," and he expresses
righteous indignation that the wicked Dutchmen should erect
roadblocks and make mobilisation preparations.

So those three neutral countries were invaded, and I submit
there is copious and overwhelming evidence that these two
men were in charge of the military organisations which made
those invasions possible.

                                                  [Page 114]

I pass now to the planning for the aggression against Greece
and Yugoslavia. Document 1541-PS, Exhibit GB 117, dated 13th
December, 1940, Hitler's order for "Marita," the operation
against Greece, signed by Hitler, and a copy to Keitel,
namely, O.K.W.

Document 448-PS, Exhibit GB 118, 11thJanuary, 1941, Keitel
initialled a Hitler order for the Greek operation.

Document C-134, Exhibit GB 119, 20th January, 1941, both
Keitel and Jodl are present at the conference with Hitler,
Mussolini and others when the operations against Greece and
Yugoslavia are discussed.

Document C-59, Exhibit GB 121, 19th February, 1941, the
dates of the operations against "Marita" are filled in by
Keitel.

Document 1746-PS, Exhibit GB 120, 27th March, 1941, a
conference with Hitler, Keitel and Jodl present, the
decision to attack and destroy Yugoslavia is announced, and
the Fuehrer said: "I am determined to destroy Yugoslavia. I
shall use unmerciful harshness to frighten other neutrals";
and these two soldiers were present when that was said.

My Lord, I submit that on that, the complicity of these two
men for that aggression is amply proved.

My Lord, I pass to "Barbarossa." Document 446-PS, Exhibit
USA 31, dated 18th December, 1940, Hitler's order for the
"Barbarossa" operation, initiated by Keitel and Jodl. Hitler
says, the Tribunal will remember, that he intends to
overthrow Russia in a single rapid campaign.

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