Archive/File: imt/ tgmwc/judgment/j-defendants-hess
Last-Modified: 1997/09/04

                          Judgment
                           of the
               International Military Tribunal
                           For The
             Trial of German Major War Criminals

                           London
               His Majesty's Stationery Office
                            1951
                              
                                                   [Page 86]

                            HESS
                              
Hess is indicted under all four Counts. He joined the Nazi
Party in 1920 and participated in the Munich Putsch on 9th
November, 1923. He was imprisoned with Hitler in the
Landsberg fortress in 1924 and became Hitler's closest
personal confidant, a relationship which lasted until Hess'
flight to the British Isles. On 21st April, 1933, he was
appointed Deputy to the Fuehrer, and on 1st December, 1933,
was made Reichsminister without Portfolio. He was appointed
member of the Secret Cabinet Council on 4th February, 1938,
and a member of the Ministerial Council for the Defense of
the Reich on 30th August, 1939. In September, 1939, Hess was
officially announced by Hitler as successor designate to the
Fuehrer after Goering. On 10th May, 1941, he flew from
Germany to Scotland.

Crimes against Peace

As deputy to the Fuehrer, Hess was the top man in the Nazi
Party with responsibility for handling all Party matters,
and authority to make decisions in Hitler's name on all
questions of Party leadership. As Reichs Minister without
Portfolio he had the authority to approve all legislation
suggested by the different Reichs Ministers before it could
be enacted as law. In these positions, Hess was an active
supporter of preparations for war. His signature appears on
the law of 16th March, 1935, establishing compulsory
military service. Throughout the years he supported Hitler's
policy of vigorous rearmament in many speeches. He told the
people that they must sacrifice for armaments, repeating the
phrase, "Guns instead of butter." It is true that between
1933 and 1937 Hess made speeches in which he expressed a
desire for peace and advocated international economic
cooperation. But nothing which they contained can alter the
fact that of all the defendants none knew better than Hess
how determined Hitler was to realize his ambitions, how
fanatical and violent a man he was, and how little likely he
was to refrain from resort to force, if this was the only
way in which he could achieve his aims.

Hess was an informed and willing participant in German
aggression against Austria, Czechoslovakia, and Poland. He
was in touch with the illegal Nazi Party in Austria
throughout the entire period between the murder of Dollfuss,
and the Anschluss, and gave instructions to it during that
period. Hess was in

                                                   [Page 87]
                                                            
Vienna on 12th March, 1938, when the German troops moved in;
and on 13th March, 1938, he signed the law for the reunion
of Austria within the German Reich. A law of 10th June,
1939, provided for his participation in the administration
of Austria. On 2nd July, 1938, he made a speech in
commemoration of the unsuccessful putsch by Austrian
National Socialists which had been attempted four years
before, praising the steps leading up to Anschluss and
defending the occupation of Austria by Germany.

In the summer of 1938 Hess was in active touch with Henlein,
Chief of the Sudeten German Party in Czechoslovakia. On 27th
September, 1938, at the time of the Munich crisis, he
arranged with Keitel to carry out the instructions of Hitler
to make the machinery of the Nazi Party available for a
secret mobilization. On 14th April, 1939, Hess signed a
decree setting up the Government of the Sudetenland as an
integral part of the Reich; and an ordinance of 10th June,
1939, provided for his participation in the administration
of the Sudetenland. On 7th November, 1938, Hess absorbed
Henlein's Sudeten German Party into the Nazi Party, and made
a speech in which he emphasized that Hitler had been
prepared to resort to war if this had been necessary to
acquire the Sudetenland.

On 27th August, 1939, when the attack on Poland had been
temporarily postponed in an attempt to induce Great Britain
to abandon its guarantee to Poland, Hess publicly praised
Hitler's "magnanimous offer" to Poland, and attacked Poland
for agitating for war and England for being responsible for
Poland's attitude. After the invasion of Poland Hess signed
decrees incorporating Danzig and certain Polish territories
into the Reich, and setting up the General Government
(Poland).

These specific steps which this defendant took in support of
Hitler's plans for aggressive action do not indicate the
full extent of his responsibility. Until his flight to
England, Hess was Hitler's closest personal confidant. Their
relationship was such that Hess must have been informed of
Hitler's aggressive plans when they came into existence. And
he took action to carry out these plans whenever action was
necessary.

With him on his flight to England, Hess carried certain
peace proposals which he alleged Hitler was prepared to
accept. It is significant to note that this flight took
place only 10 days after the date on which Hitler fixed,
22nd June, 1941, as the time for attacking the Soviet Union.
In conversations carried on after his arrival in England
Hess wholeheartedly supported all Germany's aggressive
actions up to that time, and attempted to justify Germany's
action in connection with Austria, Czechoslovakia, Poland,
Norway, Denmark, Belgium, and the Netherlands. He blamed
England and France for the war.

War crimes and Crimes against humanity

There is evidence showing the participation of the Party
Chancellery, under Hess, in the distribution of orders
connected with the commission of War crimes; that Hess may
have had knowledge of, even if he did not participate in,
the crimes that were being committed in the East, and
proposed laws discriminating against Jews and Poles; and
that he signed decrees forcing certain groups of Poles to
accept German citizenship. The Tribunal, however, does not
find that the evidence sufficiently connects Hess with those
crimes to sustain a finding of guilt.

As previously indicated the Tribunal found, after a full
medical examination of and report on the condition of this
defendant, that he should be tried, without any postponement
of his case. Since that time further motions have been made
that he should again be examined. These the Tribunal denied,

                                                   [Page 88]
                                                            
after having had a report from the prison psychologist. That
Hess acts in an abnormal manner, suffers from loss of
memory, and has mentally deteriorated during this Trial, may
be true. But there is nothing to show that he does not
realize the nature of the charges against him, or is
incapable of defending himself. He was ably represented at
the Trial by counsel, appointed for that purpose by the
Tribunal. There is no suggestion that Hess was not
completely sane when the act charged against him were
committed.

Conclusion: The Tribunal finds the Defendant Hess guilty on
Counts One and Two; and not guilty on Counts Three and Four.

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