Third Day:
Thursday, 22st November, 1945
The Council of Ministers for the Defence of the Reich was
responsible to the Fuehrer alone. Its membership, as would
seem to be indicated on the chart, was taken from the Reich
Council. It had broad powers to issue decrees with the force
of law in so far as the Reichsregierung itself had not
legislated on the subject.
It should be stressed that this delegation of Cabinet
functions to various groups, composed largely of its own
members, helped to conceal some of the important policies of
the " Reichsregierung," namely, those relating to the
preparation of war, which delegated the necessary authority
to secret and semi-secret agencies. Thus in a general way,
as I have outlined, did the National Socialist Party succeed
in putting Nazi policies into effect through its dummy,
through the machinery of the State, the Reichsregierung, in
its revised form.
I think it might be helpful if your Honour will permit me to
point out on this chart the large number of instances in
which the defendants' names reappear in connection with the
functions of the Government of the Reich.
Now, first of all, the Reichsregierung itself - I am sorry
to say in that connection that there is one omission, a very
important omission. It is the name of the Vice Chancellor
under Hitler, von Papen, who was Vice Chancellor from the
seizure of power until some time around the purge in June,
1934.
Your Honours will see a grouping of Reich Ministers with
portfolio, and under it of Ministers without portfolio, in
which mostly the names of the defendants in court are
listed. There are State Ministers acting as Reich Ministers
listed, and you will note the name of the defendant Frank.
There are other participants in cabinet meetings, among
which you will notice the name of the defendant von
Schirach.
Now, this whole line on which the cabinet hangs is the level
of the Reich Cabinet, and as I have stated, organisations
that grew out of this maternal organism, the
"Reichsregierung."
To the left the Secret Cabinet Council includes the names of
the defendants. Still further to the left is the delegate
for the Four Year Plan. And over to the
[Page 99]
If we proceed to the right of the median line, we have the
Reich Defence Council, with Hitler himself as Chairman, the
Reich Defence Committee under it, and the Ministerial
Council for the Defence of the Realm, which grew out of the
Reich Defence Council. And we see mostly the names of
cabinet ministers, including, if I may refer to that fact,
particularly the names of purely military leaders, such as
the defendant Raeder and the defendant Keitel.
And farther to the right, all names mentioned as defendants
in these proceedings, Schacht, the first Plenipotentiary for
War Economy, later succeeded by Funk Field Marshal Keitel as
the Chief of the O.K.W., and the defendant Funk again as
Plenipotentiary for Administration, in the triangle which
became known as the "Dreierkollegium."
If we descend the vertical line to the horizontal line in
the middle, we have the various ministries over which these
cabinet ministers, this "Reichsregierung," presided. We have
also at the extreme left and the extreme right, very
important and special offices that were set up at the
instigation of the Party, and those offices reported
directly to the Fuehrer himself.
If I may start at the extreme left, I will point out that as
the civil government moved after the military machine into
the Lowlands, the defendant Seyss-Inquart became the
Reichskommissar for the Netherlands.
A few names below that of Seyss-Inquart is the name of the
defendant von Neurath, the "Reichsprotektor" for Bohemia and
Moravia, who was later succeeded by the defendant Frick; and
under those names, the name of the defendant Frank, the
"General-gouvenieur" of Poland.
Adjoining the box of these administrators who reported
directly to the Reich Chancellor and President was the
Foreign Office, presided over first by the defendant von
Neurath, and subsequently by the defendant von Ribbentrop.
If we proceed down below the elongation under the smaller
box dealing with German legations, there should, of course,
in any itemised, detailed treatment of that box appear the
name of the defendant von Papen, the representative of the
Reich in Austria for a time, and later in Turkey.
The next box on the horizontal line is the Ministry of
Economics, the "Reichs-wirtschaftsministerium." First is the
name of the defendant Schacht, followed by the name of the
defendant Goering, and by the name of the defendant Funk.
The next box, the Ministry for Armament and War Production,
the "Reichs-ministerium fur Ruestung und Kriegsproduktion,"
was presided over by the defendant Speer. And out of this
organisation, and subordinate to it, in the box devoted to
the Organisation Todt, again the name of the defendant
Speer, who succeeded Todt in the Leadership of that
organisation upon the death of the latter.
Two boxes over, the Ministry of Justice, if your Honour will
follow me, down close to the bottom of the page to the last
left-hand box, appearing under the Ministry of Justice, is
the "Reichsrechtsanwaltskammer" - I am sorry, the box next
to the bottom at the left which is devoted to the Academy
for German Law, "Die Akademie fur deutsches Recht," over
which the defendant Frank presided for a time.
Almost at the vertical line, the Air Ministry, of which the
defendant Goering was Oberkommandant; and next to it again
the Ministry of the Interior, presided over by the defendant
Frick.
If your Honour will follow me again to the bottom of all the
squares to the small horizontal line at the bottom of the
Ministry of the Interior, we come to certain state
officials, called Reich Governors, " Reichstatthalter." And
if those boxes were sufficiently detailed there would appear
thereon the name, among others, of the defendant Sauckel,
who besides being the Gauleiter of Thuringia, was also the
Reichstatthalter or Governor there. There would also appear
the name of the
[Page 100]
And springing out of the Ministry of the Interior is the box or boxes devoted to the German police, and in the first sub-division appearing to the right, the Chief of the Security
Police and SD, is the name of the defendant Kaltenbrunner.
In the Ministry of Propaganda, about midway down in this
box, appears the name of the defendant Fritzsche, who, as
the chart is drawn, although he would not appear in the
position of one of the chief directing heads of the
Ministry, actually was very much more important than his
position there will indicate; and proof will be submitted to
your Honour in support of that contention.
At the end of the horizontal line is the Ministry for the
Occupied Eastern Territories, the " Reichsministerium fur
die Besetzten Ostgebiete," of which the defendant Rosenberg
was the head.
And to the right of that box, among the agencies immediately
subordinate to Hitler as Reichskanzler and President, there
is the office of General Inspector for Highways, with the
name of the defendant Speer associated with it; the General
Inspector for Water and Energy, again with the name of the
defendant Speer associated with it.
There follows the Reich Office for Forestry, the
"Reichsforstamt," under the defendant Goering; the
"Reichsjugendfuehrer," the leader of the Reich Youth, the
defendant von Schirach, the Reich Housing Commissioner,
"Reichswohnungskommissar," the late defendant Robert Ley;
and among the subsequent agencies, that of the important
"Reichsbank," over which the defendant Schacht presided, to
be succeeded subsequently by the defendant Funk; the General
Inspector for the Reich Capital, "Generalbauinspekt fur die
Reichshauptstadt," the defendant Speer.
I think I have named all of the defendants as they appear on
this chart, and of those now before your Honour in this
cause I think they all appear on this chart in one capacity
or another; in one or more capacities, all, I might add,
except the defendant Jodl. Jodl was the Chief of Staff of
all the Armed Forces. He was the head of the "Wehrmacht
Fuehrungsstab," and in the chart as evidential material
which will be subsequently brought before your Honour, the
name Jodl will figure prominently in connection with the
Organisation of the Armed Forces.
If I may make one correction at this point, a slip of the
tongue that was called to my attention, in discussing the
chart of the Party, in the small box to the left containing
the designates of the Fuehrer to succeed him to the Party
leadership, I made the statement that Goering succeeded Hess
as Fuehrer designate. Actually, when the designations were
announced by the Fuehrer, Goering was always the first
designate, and the defendant Hess the second.
In Annex A of the Indictment, the various offices, Party
functions and State offices which these defendants held in
the course of the period under discussion, these various
offices are mentioned. And we would like to submit at this
time and offer into evidence as exhibits, proof of the
offices that were occupied by these defendants. This proof
consists of 17 statements, more or less, signed by the
defendants themselves and/or their counsel, certifying to
the Party and State offices that they have held from time to
time. Some of these statements were not as complete as we
desired to have them, and we have appended thereto a
statement showing such additional offices or proof of Party
membership as was available to us. I would like to offer
those into evidence.
(Several documents were distributed to defence counsel)
MR. ALBRECHT: And now, if your Honour pleases, I offer into
evidence the two charts to which my remarks have been
addressed in the course of the morning.
THE PRESIDENT. Will Counsel for the United States continue
the evidence until 1230 hours ?
[Page 101]
THE PRESIDENT: Very well.
(The court is adjourned)
COLONEL STOREY: If the Tribunal please, Major Frank Wallis
will now present the briefs, and documents supporting the
briefs, on behalf of the phase of the case known as the
Common Plan or Conspiracy, from 1939.
MAJOR WALLIS: Mr. President, members of the Tribunal:
It will be my purpose to establish most of the material
allegations of the Indictment running from Paragraph IV on
page 3, to sub-paragraph E on page 6. The subjects involved
are:
Their doctrinal techniques.
Their rise to power, and
The consolidation of control over Germany between 1933
and 1939 in preparation for aggressive war.
This story has already been sketched by the American Chief
Prosecutor. Moreover, it is history, beyond challenge by the
defendants. For the most part, we rely upon the Tribunal to
take judicial notice of it. What we offer is merely
illustrative material - including statements by the
defendants and other Nazi leaders - laws, decrees, and the
like. We do not need to rest upon captured documents or
other special sources, although some have been used.
For the convenience of the Court and defence counsel, the
illustrative material has been put together in document
books, and the arguments derived from them have been set out
in trial briefs.
I intend only to comment briefly on some of the materials
and to summarise the main lines of the briefs.
What is the charge in Count One?
The Charge in Count One is that the defendants, with divers
other persons, participated in the formulation or execution
of a Common Plan or Conspiracy to commit, or which involved
the commission of Crimes against Humanity (both within and
without Germany), War Crimes, and Crimes against Peace.
The charge is, further, that the instrument of cohesion
among the defendants, as well as an instrument for the
execution of the purposes of the conspiracy, was the Nazi
Party, of which each defendant was a member or to which he
became an adherent.
The scope of the proof which I shall offer is:
First, that the Nazi Party set for itself certain aims and
objectives, involving basically the acquisition of
"Lebensraum," or living space, for all "racial Germans.
Second, that it was committed to the use of any methods,
whether or not legal, in attaining these objectives, and
that it did in fact use illegal methods.
Third, that it put forward and disseminated various lines of
propaganda, and used various propaganda techniques to assist
it in its unprincipled rise to power.
Fourth, that it ultimately did seize all governmental power
in Germany.
Fifth, that it used this power to complete the political
conquest of the State, to crush all opposition, and to
prepare the nation psychologically and otherwise for the
foreign aggression upon which it was bent from the outset.
In general, we undertake to outline, so far as relevant to
the charge, what happened in Germany during the pre-war
period, leaving it to others to carry the story and proof
through the war years.
The aims of this conspiracy were open and notorious. It was
far different from any other conspiracy ever unfolded before
a court of justice, not only because
[Page 102]
As an illustration, Hitler, in his speech of 30th January,
1941, said:
The Court will no doubt recollect that the National Socialist Part had its
origin in the German Labor Party, which was founded on 5 January 1919 in
Munich. It was this organization which Hitler joined as seventh member on 12
September 1919. At a meeting of the German Labor Party held on 24 February
1920, Hitler announced to the world the "25 Thesis" that subsequently became
known as the "unalterable" program of the National Socialist German Workers
Party.
A few days later, on 4 March 1920, the name of the German Labor Party was
changed to the "National Socialist German Workers Party," frequently referred
to as the NSDAP, or Nazi Party. It is under that name that the Nazi Party
continued to
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(Part 5 of 8)
[MR. ALBRECHT continues]
The aims of the Nazi Party.
"My programme was to abolish the Versailles Treaty. It
is futile nonsense for the rest of the world to pretend
today that I did not reveal this programme until 1933
or 1935 or 1937. . . .Instead of listening to the
foolish chatter of emigres, these gentlemen would have
been wiser to read what I have written thousands of
times. No human being has declared or recorded what he
wanted more than I. Again and again I wrote these
words, 'the abolition of the Treaty of Versailles'."
First, a brief reference to the history of the Nazi Party.