Archive/File: imt/tgmwc/tgmwc-04/tgmwc-04-30.06
Last-Modified: 1999/09/23


Document 872-PS, Exhibit USA 134, 3rd February, 1941, a
discussion with Hitler, Keitel and Jodl, re: "Barbarossa"
and "Sonnenblume," North African suggestions. Hitler said:
"When 'Barbarossa' commences, the world will hold its breath
and make no comments."

Then, Document 447-PS, Exhibit USA 135, dated 13th March,
1941, that is an operation order signed by Keitel, re: the
administration of the areas which are to be occupied,
showing again that Keitel was more than a mere soldier; this
is civil administration.

Document C-39, Exhibit USA 138, 6th June, 1941, timetable
for "Barbarossa," signed by Keitel, and Jodl gets a sixth
copy.

Document C-78, Exhibit USA 139, 9th June, 1941, is Hitler's
order to Keitel and Jodl to attend the pre-"Barbarossa"
conference on the 14th June, 1941, eight days before the
operation.

My Lord, on those facts and documents on the position of
these two defendants, I again respectfully submit that their
participation in this aggression is overwhelmingly proved.

The last aggression is with regard to the provoked
persuasion of Japan to commit an aggression against the
United States of America. My Lord, there are two key
documents, and both Keitel and Jodl are implicated by both
of them. The first is C-75, Exhibit USA 151, dated 5th
March, 1941. It is an O.K.W. order signed by Keitel, copy to
Jodl, "Japan must be drawn actively into the war" is a
quotation from it.

Then Document C-152, Exhibit GB 122, l8th March, 1941, the
meeting between Hitler, Raeder, Keitel and Jodl - Japan to
seize Singapore. That is the relevant extract from that.

My Lord, on those acts of aggression and those preparations
for aggression, I submit that the case against these two men
is overwhelming. It is clear, in my submission, that there
could be no defence open to them except that they were
obeying the orders of a superior. That defence is not open
to them under this Charter. No doubt all these wicked
schemes germinated in the wicked brain of Hitler, but he
could not carry them out alone. He wanted men nearly as
wicked and nearly as unscrupulous as himself.

My Lord, I now pass very rapidly to the question of War
Crimes and Crimes against Humanity. It has already been
proved that Keitel signed

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the "Nacht und Nebel" decrees, committing persons to
incarceration in Germany where all trace of them was lost.
That is Document L-90, Exhibit USA 503.

There is one fresh document that I desire to put in. Colonel
Telford Taylor put in C-50, Keitel's order as to ruthless
action in the "Barbarossa" campaign. There is one
complementary document to that, C-51, which is GB 162,
Keitel's order dated the 27th July, 1941:

   "In accordance with the regulations concerning
   classified material the following offices will destroy
   all copies of the Fuehrer's decree of 13th May, 1941" -
   that is, Document C-50, the "Barbarossa" decree -
   "issued in the communication mentioned above:
   
   (a)All offices upwards to the rank of 'General Commands'
   inclusive" - My Lord, that means that corps commanders
   and downwards should destroy copies.
   
   "(b)Group commands of the armoured troops" - that again
   means offices of the armoured corps below the rank of
   corps commanders should destroy the copies.
   
   "(c)Army commands and offices of equal rank, if there is
   an inevitable danger that they might fall into the hands
   of unauthorised persons."

That is to say that even higher generals, if the war
approaches closely to them, should destroy these documents
rather than there should be any chance of them being
captured.

   "The validity of the decree is not affected by the
   destruction of the copies. In accordance with paragraph
   III it remains the personal responsibility of the
   commanding officers to see to it that the offices and
   legal advisers are instructed in time, and that only
   these sentences are confirmed, which correspond to the
   political intentions of the High Command."

That was with regard to German soldiers not being tried by
court martial for offences against Soviet troops.

   "This order will be destroyed together with the copies
   of the Fuehrer's decree."

My Lord, I submit that the anxiety on the part of the
O.K.W., presided over by Keitel, to destroy that, I suggest
illegal, barbarous order is significant.

My Lord, I desire now to put in another document which is
almost the last document in the bundle, UK-20. Your Lordship
will find it flagged at the end of the bundle. It is from
the Fuehrer's headquarters, 26th May, 1943.

It says:

   "Ref.: Treatment of supporters of de Gaulle who fight
   for the Russians.
   
   French airmen serving in the Soviet air forces have been
   shot down on the Eastern Front for the first time. The
   Fuehrer has ordered that employment of French troops in
   the Soviet forces is to be counteracted by the strongest
   means.
   
   It is therefore ordered:
   
   (1)Supporters of de Gaulle who are taken prisoner on the
   Eastern Front will be handed over to the French
   Government for proceedings in accordance with O.K.W.
   order."

And then I read paragraph (3):

   "Detailed investigations are to be made in appropriate
   cases against relatives of Frenchmen who fight for the
   Russians, if these relatives are resident in the
   occupied area of France. If the investigation reveals
   that relatives have given assistance to facilitate
   escape from France then severe measures are to be
   taken."

My Lord, I offer that as Exhibit GB 163.

My Lord, there is a document which I feel I should put in,
which is the next document in the bundle, and is UK-57,
Exhibit GB 164. This is the

                                                  [Page 116]

last document, I think, in the bundle. My Lord, it is from
the "Ausland Abwehr" - I believe it is from the Intelligence
Foreign Department. It is to the O.K.W. and it is signed the
4th January, 1944. My Lord, the heading is: "Re
counteraction to Kharhov show trial."

Paragraph 2 is all that I read:

   "The documents concerning Commandos have been asked for
   and thoroughly investigated by the Reich Security Main
   Office. In five cases members of the British armed
   forces were arrested as participants. Thereupon they
   were shot in accordance with the order of the Fuehrer.
   It would be possible to attribute to them breaches of
   International Law and to have them posthumously
   sentenced to death by a tribunal. Up to the present no
   breaches of International Law could be proved against
   Commando participants."

My Lord, I read no more, and I submit that that is clearly
an admission of murder, not warfare at all.

My Lord, Keitel's comments are to be found in the top left-
hand corner of that document: "We want documents on the
basis of which we can institute similar proceedings. They
are reprisals which have no connection with battle actions.
Legal justifications are superfluous.

THE PRESIDENT: Is that not at the top signed by Keitel?

MR. ROBERTS: It is typewritten in the office copy, which is
the original.

THE PRESIDENT: There is no actual signature.

MR. ROBERTS: No.

MR. BIDDLE: How does it connect with Keitel then?

MR. ROBERTS: Wehrmacht Chief O.K.W., that is "note of the
Chief of O.K.W."

Now, that is the first minute. My Lord, the second minute is
on the same subject and it is dated the 6th January, 1944,
and there is a large red Keitel "K" initialled on the top of
this letter, showing that he got it. My Lord, the first
paragraph deals with two officers who were then at Eichstadt
Camp in Bavaria. My Lord, there is no importance in that
paragraph, because those two officers are still alive.

The second paragraph:

   "Attempted attacks on the battleship Tirpitz.
   
   At the end of October, 1942, British Commandos who had
   come to Norway in a cutter and had orders to carry out
   an attack on the battleship Tirpitz in Trondheim Fjord
   by means of a two-man torpedo. The action failed since
   both torpedoes which were attached to the cutter were
   lost in the stormy sea. From amongst the crew,
   consisting of six Englishmen and four Norwegians, a
   party of three Englishmen and two Norwegians were
   challenged on the Swedish border. However, only the
   British seaman Robert Paul Evans, born 14th January,
   1922, at London, could be arrested, the others escaped
   into Sweden.
   
   Evans had a pistol pouch in his possession such as is
   used to carry weapons under the arm-pit, and also a
   knuckle-duster. Violence, representing a breach of
   International Law, could not be proved. He has made
   extensive statements about the operation. In accordance
   with the Fuehrer's order he was shot on 19th January,
   1943."

Again, I submit, that is murder. Violence representing a
breach of International Law could not be proved.

My Lord, then the third paragraph:

   "Blowing up of the Glomfjord Power Station.
   
   On 16th September, 1942, ten Englishmen and two
   Norwegians landed on the Norwegian coast dressed in the
   uniform of the British Mountain Rifle Regiment, heavily
   armed and equipped with explosives of every
   
                                                  [Page 117]
   
   description. After negotiating difficult mountain
   country they blew up important installations in the
   power station Glomfjord on 21st September, 1942. The
   German sentry was shot dead on that occasion. Norwegian
   workmen were threatened that they would be chloroformed
   should they resist. For this purpose the Englishmen were
   equipped with morphia syringes. Several of the
   participants have been arrested whilst the others
   escaped into Sweden.
   
   Those arrested are:
   
   Captain Graeme Black, born 9th May, 1911, in Dresden.
   
   Captain Joseph Houghton, born 13th June, 1911, at
   Bromborough.
   
   Top Sergeant Miller Smith, born 2nd November, 1915, at
   Middlesbrough.
   
   Corporal William Chudley, born 10th May, 1922, at
   Exeter.
   
   Rifleman Reginald Makeham, born 28th January, 1914, at
   Ipswich.
   
   Rifleman Cyril Abram, born 20th August, 1922, in London.
   
   Rifleman Eric Curtis, born 24th October, 1921, in
   London.
   
   They were shot on 30th October, 1942."

Again there is no suggestion that there was any breach of
International Law. They were British seamen and they were in
uniform.

Then paragraph 4:

   "The sabotage attack against German ships off Bordeaux.
   
   On 12th December, 1942, a number of valuable German
   ships off Bordeaux were seriously damaged by explosives
   below water-level. The adhesive mines had been fixed by
   5 English sabotage gangs working from canoes. From
   amongst the 10 participants the following were arrested
   after a few days."

Then there followed six names, six British names, one an
Irishman, a lieutenant; a petty officer; a sergeant and
three marines. A seventh soldier named Moffett was found
drowned; the remainder apparently escaped into Spain.

The participants proceeded in pairs from a submarine in
canoes upstream into the mouth of the River Gironde. They
were wearing olive-grey special uniforms. After effecting
the explosions they sank the boats and attempted to escape
into Spain in civilian clothes, with the assistance of the
French civilian population. No special criminal actions
during the fight have been discovered. All the arrested, in
accordance with orders were shot on 23rd March, 1943. Keitel
initialled that document. That document, read by my learned
leader Sir David Maxwell Fyfe not so long ago, is 735-PS,
quoting Keitel as saying, "I am against legal procedure. It
does not work out."

THE PRESIDENT: Would you read the Page 5 which follows that?

MR. ROBERTS: If it will please the Tribunal, that is what I
shall do. Page 5: "The Fuehrer's Headquarters, 9th January,
1944. The Chief of O.K.W. has handed the Deputy Chief," -
that ought to be W.F.S.T., that is Jodl, - "the enclosed
letter with the following account. It is of no importance to
establish documentary proof of breaches of International
Law. What is important, however, is the collection of
material suitable for a propaganda presentation of a show
trial. A show trial as such is therefore not meant to take
place, but merely a propaganda presentation of cases of
breaches of International Law by enemy soldiers, who will be
mentioned by name and have already either been punished with
death or have to expect the death penalty. The Chief of the
O.K.W. asked the Chief of the Foreign Department, Admiral
Canaris, to bring with him a corresponding document for his
next visit to the Fuehrer's Headquarters," - as the Tribunal
heard from my learned friend, Sir David Maxwell Fyfe, when
he read Document 735-PS earlier to-day, and Keitel said, "I
am against legal procedure. It does not work out."

                                                  [Page 118]

One can agree with Keitel, after having read that record of
what, in my submission, is cold-blooded murder of brave men,
brave soldiers and sailors who were fighting for their
country; and although this trial has a record of the death
of brave men, of the murder of brave men, there are few
cases which are more poignant than those shown in the
documents to which I have just referred.

I have finished my presentation of the case against Keitel
and against Jodl. So far as Jodl's part in the War Crimes
and Crimes against Humanity is concerned, he figures much
less than Keitel. Of course, he had no power of giving
orders or directives, but we see that he at any rate signed
and circulated an infamous order of the Fuehrer saying that
Commandos ought to be shot and are not to be treated as
prisoners of war at all.

In my submission the evidence against these two men is
overwhelming and their conviction is demanded by the
civilised world.

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