Document 1746-PS, Exhibit GB-120, 27th of March 1941: A conference with Hitler, Keitel, and Jodl present; the decision to attack and destroy Yugoslavia is announced, and the Führer 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-131, dated 18th of December 1940—Hitler’s order for the Barbarossa operation, initialed by Keitel and Jodl. Hitler says, the Tribunal will remember, that he intends to overthrow Russia in a single rapid campaign.
Document 872-PS, Exhibit USA-134, 3rd of 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 of March 1941: That is an operation order signed by Keitel re: the administration of the areas which were to be occupied; showing again that Keitel was more than a mere soldier; this is civil administration.
Document C-39, Exhibit USA-138, 6th of June 1941: Timetable for Barbarossa, signed by Keitel, and Jodl gets a sixth copy.
Document C-78, Exhibit USA-139, 9th of June 1941, is Hitler’s order to Keitel and Jodl to attend the pre-Barbarossa conference on the 14th of June 1941, 8 days before the operation.
My Lord, on those facts and documents on the position of these two defendants, again I respectfully submit their participation in this aggression is overwhelmingly proved.
My Lord, 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. My Lord, the first is Document C-75, Exhibit USA-151, dated 5th of March 1941. It is an OKW order signed by Keitel, copy to Jodl. “Japan must be induced to take positive action as soon as possible” is a quotation from it.
Document C-152, Exhibit GB-122, 18th of March 1941: The meeting between Hitler, Raeder, Keitel, and Jodl—Japan to seize Singapore. That is the relevant extract on 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 defense open to them except that they were obeying the orders of a superior. That defense 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. My Lord, it has already been proved that Keitel signed 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 Document C-50, Keitel’s order as to ruthless action in the Barbarossa campaign. There is one complementary document to that, Document C-51, which is Exhibit GB-162, Keitel’s order dated the 27th of July 1941:
“In accordance with the regulations concerning classified material the following offices will destroy all copies of the Führer’s decree of 13 May 1941”—that is C-50, the Barbarossa decree—“in the communication mentioned above:
“a) All offices up to the rank of ‘general commands’ inclusive;”—My Lord, that means that corps commanders and downwards should destroy copies—“b) group commands of the armored troops”—that again means offices of the armed 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 unauthorized persons.”
That is to say that even higher generals, if the war approaches closely to them, should destroy these documents rather than risking any chance of their 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 Supreme Command.”
That was with regard to German soldiers not being tried by court-martial for offenses against Soviet troops: “This order will be destroyed together with the copies of the Führer’s decree.”
My Lord, I submit that the anxiety on the part of the OKW, presided over by Keitel, to destroy that—I suggest an illegal order; a 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 Führer’s headquarters, 26th of May 1943. It says:
“Re: Treatment of supporters of De Gaulle who fight for the Russians.
“French airmen serving in the Soviet forces have been shot down on the Eastern Front for the first time. The Führer 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 OKW 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. It is Document UK-57, Exhibit GB-164. This is the 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 OKW and it is signed the 4th of January 1944. My Lord, the heading is “Re: Counteraction to Kharkov ‘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 compliance with the order from the Führer. 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.
THE TRIBUNAL (Mr. Biddle): How does it connect with Keitel then?
MR. ROBERTS: “Vermerk Chef OKW”—that is “note of the Chief of OKW.”
Now, that is the first minute. My