Archive/File: imt/tgmwc/tgmwc-10/tgmwc-10-92.07
Last-Modified: 1999/12/16

Q. Was he in favour of the Tripartite Pact?

A. Yes.

MR. BIDDLE: That is all.

THE PRESIDENT: The witness may retire.

DR. HORN: Yesterday I concluded the presentation of my
documents with the submission of Ribbentrop Exhibit No. 10
(on Page 35 of the Document Book). From this document I
proved that von Ribbentrop conducted his foreign policy
according to Hitler's foreign policy directive. I should
like to prove with the following documents what was the
foreign political situation that Ribbentrop found when he
took office in February of 1938. I ask the Tribunal to take
judicial notice of the following documents, the numbers of
which I shall now communicate to the Tribunal, without my
reading anything from them, in order that I may later be
able to come back to them in my speech for the defence.

The first of these documents is the document which bears the
number Ribbentrop Exhibit 14. It is a question here again of
an extract from the "Documents of German Policy," Volume I,
and carries the heading "Proclamation of the Reich
Government to the German People of 1 February, 1933." This
document describes briefly Germany's position at that time
and the intentions of the Hitler Government which came to
power on 30th January, 1933.

The next document that I ask the Tribunal to take judicial
notice of is document Ribbentrop Exhibit 15. This document
is again taken from the first volume of the "Documents of
German Policy." It carries the title "Adolf Hitler's Address
on the Occasion of the Inauguration on 21 March, 1933, in
Potsdam."

                                                  [Page 111]

In this document, too, basic expositions are made regarding
the internal
and external policy agreed
upon by the new government.

The next document of which I ask the Court to take judicial
notice is Ribbentrop Exhibit 16. Again it is a document from
the above-mentioned volume of documents. It is headed "Adolf
Hitler's Speech on His Programme at the Meeting of the
Reichstag in the Kroll Opera House on 23 March, 1933."

I ask the Tribunal to take judicial notice of the next
document, Ribbentrop Exhibit 17. It is again an excerpt from
the "Documents of German Policy."

COLONEL POKROVSKY: I do not like to interrupt Dr. Horn, but
not one single document among those which he now mentions,
beginning with 14, and as far as I understand, up to 44,
inclusive, was put at the disposal of the Soviet
Prosecution, and I cannot see any possibility of aiding the
Tribunal in the study of these documents until we have
received them. I presume that the Tribunal will judge it
necessary to put off the studying of these documents until
the Soviet Prosecution have received them.

DR. HORN: May I give a short explanation? I have inquired to
what extent the translations have progressed. Three weeks
ago I turned in my documents in the prescribed manner, the
last of them about ten days ago. I was informed that the
translation division unfortunately had too few French and
Russian translators available to have the translation of the
documents in these two languages as far advanced as is the
case in the English language up to now. These are, of
course, things over which I have no control.

THE PRESIDENT: Dr. Horn, the Tribunal appreciates that you
have done what fulfils the obligations which rested upon you
and they, therefore, think that the documents should go in,
subject of course to any objection being taken to them when
the translations are available.

DR. HORN: Yes, Mr. President. As a precaution I have already
informed Colonel Pokrovsky that this was the case, without
knowing in detail what documents had been translated into
Russian. That was as far as I could possibly go to reach an
understanding, because the other thing was beyond my
control.

MR. DODD: I wonder if it would be possible for Dr. Horn to
very briefly indicate the purpose for which he offers these
documents as they come up. We will have objection to some, I
know, but some of that objection may be clarified if we hear
beforehand just what the purpose of the offer is.

THE PRESIDENT: Mr. Dodd, Dr. Horn is putting in a large
number of documents at the present moment and asking the
Tribunal to take judicial notice of them, and if the
prosecution finds that there is something specific that they
want to object to, would it not be best that they should do
that hereafter?

MR. DODD: I thought it might be of assistance and save us
from rising very often if he gave us some idea of the
purpose for which the offer is made.

THE PRESIDENT: I think it would take longer, probably.

DR. HORN: May I make a short explanation on this subject?
Since 1933 my client has occupied official positions that
were closely tied up with foreign policy. The direction of a
foreign policy that had as its aim the waging of aggressive
war has been charged against him. I now submit with these
documents the evidence which demonstrates how that policy
developed, and to demonstrate that the defendant Ribbentrop
on his part made long and continuous efforts to avoid a war
of aggression; for example, there is Ribbentrop Exhibit 17,
which I ask the Tribunal to take judicial notice of. It is
in the Document Book on Page 40 and contains a speech of
Hitler's before the German Reichstag on the National
Socialist Peace Policy of 17th May, 1933.

THE PRESIDENT: Yes, go on, Dr. Horn.

DR. HORN: This document of 17th May, 1933, I cite as proof
of Germany's general will to disarm and as proof that the
Reich Government made efforts to bring about the
pacification of Europe generally.

As to the next document, I ask the Tribunal to take judicial
notice of Ribbentrop

                                                  [Page 112]

Exhibit No. 18. It is again a document from the same
collection and is headed "Treaty of Agreement and Co-
operation of 15 July, 1933," known in brief as the "Four
Power Pact." It is on Page 42 of the Document Book. This
Four Power Pact was inspired by Mussolini between Germany,
France, England and Italy. Its purpose was to bring about
universal disarmament and above all to make effective the
revision article - No. 19 - in the Treaty of Versailles.
This treaty did not come into being because France did not
ratify it.

As to the next document, I ask the Tribunal to take judicial
notice of Ribbentrop Exhibit 20. It concerns a "Proclamation
of the Reich Government to the German people in connection
with the withdrawal from the League of Nations on 14 October
1933." This proclamation of the Reich Government takes
cognizance of the failure of the disarmament conference and
gives a concise account of Germany's reasons for withdrawing
from the League of Nations. In connection with this
proclamation, Hitler on the same day gave a speech over the
radio in order to state the reasons for Germany's
withdrawal. I submit this speech to the Tribunal as
Ribbentrop Exhibit 21, and ask the Tribunal to take judicial
notice of it. The speech is on Page 45 of the document book.

In order to justify the then existing foreign policy to the
people, as well as to obtain a confirmation of the policy at
that time, Reich President von Hindenburg, on 11th November,
1933, called the German people to the ballot-box.

The corresponding proclamation is contained in Ribbentrop
Exhibit 23 which is found on page 48 of the document book. I
present it to the Tribunal again with the request for
judicial notice.

I further ask the Tribunal to take judicial notice of
Exhibit 24 in which the trend and the results of the
election are to be found. It is on Page 49 of the document
book which lies before you.

In the course of its disarmament policy, Germany, on 18th
December, 1933, issued a German Memorandum on the
disarmament question and Germany's attitude regarding the
disarmament problem. I offer the Tribunal this document for
judicial notice as Ribbentrop Exhibit 25.

The next document is contained on Page 51 of the document
book and describes the course of the disarmament
negotiations and Germany's attitude towards these
negotiations. I submit it to the Tribunal for judicial
notice as Ribbentrop Exhibit 26. The document is on page 51
of the document book, and is headed " The German Memorandum
on Disarmament of 19 January 1934."

The German view on disarmament is again set forth in the
following document, Ribbentrop Exhibit 27, set forth on Page
53 of the document book, and is entitled: "German Memorandum
of 13 March 1934."

I ask the Tribunal to take judicial notice of this document.

The German Government answered an English disarmament
memorandum on 16th April, 1934, with an Aide Memoire to the
English Government. I ask the Tribunal to take judicial
notice of this document as Ribbentrop Exhibit 28.

In the course of the disarmament negotiations, France, in
1934, suggested a pact which became known under the name of
the "Eastern Pact." Regarding this Eastern Pact, the German
Government expressed its view in a communique of the German
Reich Government of 10th September, 1934, which is on Page
56 of the document book, and which I have given the number
Ribbentrop Exhibit 30, again with the request that judicial
notice be taken of it.

As the next document, which is on page 57, I present to the
Tribunal for judicial notice: Ribbentrop Exhibit 31. It
concerns a copy of the "Documents of German Policy" - Volume
3 - and shows the reply of the Reich Government of 14th
February, 1935, to the suggestion for an air pact, Germany's
comments on this air pact include the following - I read
paragraph 2 from this exhibit and begin the quotation:

  "The German Government welcomes the proposal to increase
  safety from sudden attacks from the air by an agreement
  to be concluded as soon as
  
                                                  [Page 113]
  
  possible, which provides for the immediate use of the air
  forces of the signatories on behalf of the victim of an
  unprovoked air attack."

In the year 1935, compulsory military service was
reintroduced in Germany. On this occasion, the German
Government addressed a proclamation to the German people.
This proclamation is on Page 59 of the document book and
carries the number Ribbentrop Exhibit 33, I request that
this excerpt from the proclamation be given judicial notice.

As Ribbentrop Exhibit 34 I submit a communique of the German
Reich Government of 14th April, 1935, on Germany's attitude
toward the Eastern Pact. It is on Pages 61 and following of
the document book and I ask, without my reading anything
from it, that the Tribunal take judicial notice of it.

The introduction of conscription was regarded by the
signatory countries of the Versailles Treaty as an
infraction of part V of this treaty. The States protested
against the reintroduction of conscription in Germany. A
protest was issued by the Reich Government against this
decision of the Council of the League of Nations of 17th
April, 1935. This protest is on Page 63 of the document
book. I have given this document the number Ribbentrop
Exhibit 35, and ask the Tribunal to take judicial notice of
it.

In this document the German Government disputes the right of
the governments represented in the Council of the League of
Nations, who approved the decision of April 17th, to set
themselves up as judges over Germany. In this protest it is
stated that this attitude is interpreted as a manifestation
of renewed discrimination against Germany and consequently
is rejected.

I turn now to Ribbentrop Exhibit 36 which is on Page 64 of
the document book. This concerns the German Memorandum to
the Locarno Powers of 25th May, 1935, and treats the
incompatibility of the Soviet Pact with the Locarno Treaty.
The defendant Ribbentrop participated decisively in the
negotiations that led to the drawing up of this memorandum,
and to the presentation of the German point of view before
the League of Nations and the Locarno Powers. I ask the
Tribunal to take judicial notice of the document because it
contains Germany's legal attitude towards this problem.

A further memorandum to the Locarno Powers is to be found on
Page 68 of the document book, and it again exposes briefly
and clearly the incompatibility of the Soviet Pact with the
Locarno Treaty. I ask that also this German Memorandum to
the Locarno Powers - it is dated 25th May, 1936 - be given
judicial notice.

The legal point of view which formed the basis for this
memorandum was presented in a speech by Hitler concerning
the peace policy in the German Reichstag on 21St May, 1935,
in order to again prove German willingness for peace and
disarmament. At the same time a peace and disarmament
proposal was submitted in London by Ribbentrop. I ask that
this document, this speech by Hitler, be given judicial
notice as Ribbentrop Exhibit 37. It is on Pages 69 and
following of the document book.

As the next document to prove that Germany made continuous
efforts for disarmament and attempts at agreement, I submit
Ribbentrop Exhibit 38, for judicial notice, which is on Page
77 of the document book. This concerns the Anglo-German
Naval Agreement of 18th June, 1935, in which Ribbentrop
played a decisive role, and for the ratification of which
Ribbentrop exerted himself particularly. He induced the
French Government, in particular, by his own efforts, to
agree to this Treaty. That was necessary because this naval
agreement made necessary a change in Part V of the
Versailles Treaty already cited - it is the part that is
concerned with disarmament instructions and armament
stipulations. At that time Ribbentrop succeeded in
persuading the French Government to give its approval to
this agreement. I submit this document as Ribbentrop,
Exhibit 38, with the request that it be taken judicial
notice of.

I may in addition say in this connection that this treaty
was at that time considered, both by Ribbentrop and Hitler,
as the cornerstone of a far-reaching

                                                  [Page 114]

proposal for an understanding and an alliance with England.
During the succeeding years, as well as during the time he
served as Ambassador in London and also as Foreign Minister,
Ribbentrop made constant efforts to bring about such a pact
of agreement in some form or other.

As the next document I submit Ribbentrop Exhibit 39, which
is on Page 79 of the document book.

In view of the reoccupation of the Rhineland the German
Government found itself compelled, on 7th March, 1936 to
present its attitude again, through a memorandum, to the
signatory powers of the Locarno Pact. This point of view is
found in the document just mentioned and I ask the Tribunal
to take judicial notice of it.

The occupation of the Rhineland had led to a protest by the
powers interested in it. Ribbentrop replied to this protest
with a speech before the Council of the League of Nations in
London, and then delivered another speech before the Council
of the League of Nations also against the protest of the
signatory powers of Locarno. I present this speech as
Ribbentrop Exhibit 40; it is on Page 83 of my document book,
and I submit it for judicial notice.

As the next document I present to the Court Ribbentrop
Exhibit 41, on Page 84 of the document book, with the
request for judicial notice. It contains the last peace
proposals by Germany in connection with the disarmament and
peace proposals of that time. It is headed "Peace Plan of
the German Cabinet of 31st March, 1936." In subsequent years
Germany made repeated efforts to bring about the withdrawal
of the lie about her war guilt. In the year 1937 German and
Italian relations became constantly closer, and in
connection with these relations Hitler, on 30th January;
1937, on the fourth anniversary of the National Socialist
revolution, made a proposal before the German Reichstag in
the Kroll Opera House in Berlin, that agreements should be
reached with other European nations in Europe on the same
basis as that of the agreement between Germany and Italy, in
order to attain harmonious relationships. I ask that this
document be accepted as Ribbentrop Exhibit 43, which is on
Page 88 of the document book. In this document the
withdrawal of the lie about Germany's war guilt was clearly
requested once more. I quote from the third paragraph of the
above:

  "Above all, therefore, I formally withdraw Germany's
  signature from that statement, extorted against its
  better judgement from the weak German government of the
  day, that Germany is to blame for the war."

As the next document I bring ...

THE PRESIDENT: I beg your pardon. Are you referring to 44?

DR. HORN: I was just referring to Ribbentrop Exhibit 43,
which is on Page 88 of the document book. Please pardon me
if I left that out.

THE PRESIDENT: There was some passage you read in it which
does not appear to be translated here.

DR. HORN: Did I correctly understand you to say, Mr.
President, that there was no English translation in the
document book?

THE PRESIDENT: Well, I am not quite sure. I did not catch it
myself. Did you read anything which is not in the document
book?

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