The document is prepared in tabular form, in which the anticipated instances of violation of international law are listed in the left hand column. In the second column are given specific examples of the incidents. In the third and fourth column the position to be taken toward these incidents, in violation of international law and in violation of the laws of warfare, is set forth.
The fifth column, which in this document unfortunately is blank, was reserved for the explanations to be offered by the Propaganda Minister. I first quote from the covering letter:
“Enclosed is a list drawn up by Section L of the OKW, of the violations of international law which may be expected on the part of fighting troops.
“Owing to the short time allowed for the compilation, Columns c-1 and c-2 had to be filled in directly therefore, for the time being.
“The branches of the Armed Forces are requested to send in an opinion so that a final version may be drawn up.
“The same is requested of the Foreign Office.
“The Chief of the Supreme Command of the Armed Forces.
“By order”—signed—“Bürckner.”
I am sorry that I perhaps cannot take the time to read extensively from this document. I shall confine myself to reading the first 10 hypothetical incidents for which justification must be found from the second column, Column b of the table:
“First: In an air raid on Prague the British Embassy is destroyed.
“Second: Englishmen or Frenchmen are injured or killed.
“Third: The Hradschin is destroyed in an air raid on Prague.
“Fourth: On account of a report that the Czechs have used gas, the firing of gas projectiles is ordered.
“Fifth: Czech civilians, not recognizable as soldiers, are caught in the act of sabotage (destruction of an important bridge, destruction of foodstuffs and fodder) are discovered looting wounded or dead soldiers and thereupon shot.
“Sixth: Captured Czech soldiers or Czech civilians are detailed to do road work or to load munitions, and so forth.
“Seventh: For military reasons it is necessary to requisition billets, foodstuffs, and fodder from the Czech population. As a result, the latter suffer from want.
“Eighth: Czech population is, for military reasons, compulsorily evacuated to the rear area.
“Ninth: Churches are used for military accommodations.
“Tenth: In the course of their duty, German aircraft fly over Polish territory where they are involved in an air battle with Czech aircraft.”
From Nuremberg on the 10th of September, Hitler issued an order bringing the Reichsarbeitsdienst (the German Labor Service) under the OKW. This top-secret order . . .
THE PRESIDENT: Are you passing from that document now?
MR. ALDERMAN: Yes.
THE PRESIDENT: Would you read the classification with reference to gas?
MR. ALDERMAN: Perhaps I should, Sir.
THE PRESIDENT: It is number 4.
MR. ALDERMAN: Incident number 4?
THE PRESIDENT: Yes.
MR. ALDERMAN: Well, number 4 was the supposed incident. “On account of a report that the Czechs have used gas, the firing of gas projectiles is ordered.” Under the column, “Attitude of International Law Group”:
“According to the declaration agreed to in June 1925 by 40 states, including Czechoslovakia, the employment of poison gases, chemical warfare agents, and bacteriological substances is expressly forbidden. Quite a number of states made the reservation to this declaration on the prohibition of gas warfare.”
Then, under the column headed “Justification by the Laws of War”:
“If the assertion, that the opponent—in this case the Czechs—used a prohibited gas in warfare, is to be believed by the world, it must be possible to prove it. If that is possible, the firing of gas projectiles is justified, and it must be given out in public that it can be proved that the enemy was the first to violate the prohibition. It is therefore particularly important to furnish this proof. If the assertion is unfounded or only partially founded, the gas attack is to be represented only as the need for carrying out a justified reprisal, in the same way as the Italians did in the Abyssinian war. In this case, however, the justification for such harsh reprisals must also be proved.”
From Nuremberg on the 10th of September, Hitler issued an order bringing the Reichsarbeitsdienst (the German Labor Service) under the OKW . . .
THE PRESIDENT: There is another short passage which seems to be material.
MR. ALDERMAN: I was very much tempted to read the whole document.
THE PRESIDENT: The justification of number 10.
MR. ALDERMAN: Number 10 was, “In course of their duty, German aircraft fly over Polish territory where they are involved in an air battle with Czech aircraft.”
Under the heading, “Attitude of the International Law Group”:
“According to Article 1 of the Fifth Hague Convention of 18 October 1907, the territory of neutral powers is not to be violated. A deliberate violation by flying over this territory is a breach of international law if the neutral powers have declared an air barrier for combat aircraft. If German planes fly over Polish territory this constitutes a violation of international law, provided that this action is not expressly permitted.”
Now, under the heading, “Justification by the Laws of War,” is this:
“An attempt at denials should first be made; if this is unsuccessful a request for pardon should be made (on the grounds of miscalculation of position) to the Polish Government and compensation for damage guaranteed.”
I had referred to an order issued by Hitler on 10 September 1938 from Nuremberg, bringing the German Labor Service under the OKW. This top-secret order, of which 25 copies were made, is Item 20 in the Schmundt file, Page 44. I will read that order:
“1. The whole RAD organization comes under the command of the Supreme Command of the Army effective 15 September.
“2. The Chief of OKW decides on the first commitments of this organization in conjunction with the Reich Labor Leader (Reichsarbeitsführer) and on assignments from time to time to the Supreme Commands of the Navy, Army, and Air Force. Where questions arise with regard to competency he will make a final decision in accordance with my instructions.
“3. For the time being this order is to be made known only to the departments and personnel immediately concerned.
“Signed, Adolf Hitler.”
Four days later, on 14 September, Defendant Keitel issued detailed instructions for the employment of specific RAD units. This order is Item 21 in the Schmundt file, at Page 45 in the English translation. I do not think I need read the order.
There is another order issued by the Defendant Jodl on 16 September, Item 24, at Page 48 in the Schmundt file. I think I need only read the heading or title of that:
“Subject: Employment of Reich Labor Service for maneuvers with Wehrmacht. Effective 15 September the following units will be trained militarily under direction of the Commander-in-Chief of the Army.”
Two further entries in the Defendant Jodl’s diary give further indications