The Nizkor Project: Remembering the Holocaust (Shoah)

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Last-Modified: 1999/08/28

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DR. OTTO NELTE (Counsel for the defendant Keitel): Mr.

President, you advised the defence in yesterday's session

that they should at once, at this stage of the trial, raise

objections if they believe they have any against the

documentary evidence introduced by the Prosecution.

The Chief Prosecutor introduced in Court yesterday a graphic

presentation concerning the Reich Ministries and other

bureaux and offices at the highest level of the German

government. My client is of the opinion that this

presentation is erroneous in the following respects which

concern his own person:

(1) A Reich Defence Council has never existed. The Reich

Defence Law, which foresaw a Reich Defence Council in the

event of war, has never been published; a session of a Reich

Defence Council has never taken place. For this reason, the

defendant Keitel was never a member of a Reich Defence


(2) The Secret Cabinet Council which was to be created in

accordance with the law of 4th February, 1938, never came

into existence. It was never constituted; it never held a


(3) The defendant Keitel never was Reich Minister. Like the

commanders in chief of the Army and the Navy, he merely had

the rank of a Reich Minister. Consequently, he never was a

Minister without portfolio either. He did not participate in

any advisory Cabinet session.

I should like to ask the Court for its opinion as to whether

these objections may be made the object of an examination at

this stage of the trial or whether they are to be reserved

for a later stage?

THE PRESIDENT: The Tribunal rules that the documents are

admissible, but the defendants can prove at a later stage

any matters, which are relevant to the documents. It is not

necessary for the defendants to make objections at this

stage. At a later stage they can prove any matters which are

relevant to the weight of the documents.

DR. RUDOLF DIX (defence Counsel): May I ask the Tribunal a


We have now been able to see, in part, the briefs and

documents which were introduced in Court yesterday. In that

connection we have established that these documents comprise

some with which the representative of the prosecution did

not acquaint the Court either in their entire contents or as

regards their nature. My question now is: Shall the

contents, the entire contents of all the documents which

were presented to Court form part of the basis for the

Court's decision, even in cases where the prosecutor who

presented the documents did not refer to their contents?

In other words, must we consider all of the documents

presented in Court - including those the contents of which

were not verbally referred to - as a basis for the judgement

and, consequently, should they be examined with a view to

determining whether the defendants wish to raise any


In conclusion, I ask the Tribunal whether we are to

understand that the entire contents of all the documents

which were introduced in Court yesterday, or which still may

be introduced at a future date, will form the basis for

formulation of the judgement, even in cases concerning

documents which the prosecutor has not presented verbatim,

whose contents he has not given and to which he has not

referred otherwise ?

THE PRFSIDENT Every document, when it is put in, becomes

part of the record

                                                  [Page 118]

and is in evidence before the Tribunal, but it is open to

the defendants to criticise and comment upon any part of the

document when their case is presented.

DR. DIX: Thank you. The question is clarified herewith.

THE PRESIDENT: There are three announcements which I have to

make on behalf of the Tribunal; and the first is this: That

we propose that the Tribunal shall not sit on Saturday

morning in this week, in order that defendants' counsel may

have more time for the consideration of the documents and

arguments, which have been made up to that time. That is the

first matter.

The second matter is that the Tribunal desires that all

motions and applications shall, so far as practicable, be

made in writing, both by the prosecution and by the defence.

There are occasions, of course, such as this morning when

motions and applications for the purpose of explanation, are

more conveniently made orally, but as far as practicable, it

is the desire of the Tribunal that they shall be made in

writing, both by the prosecution and by the defence.

The other matter is an observation, which the Tribunal

desires me to make to the prosecution, and to suggest to

them that it would be more convenient to the Tribunal and

possibly also to the defence that their briefs and volumes

of documents should be presented to the Tribunal before

counsel-speaking begins that branch of the case, so that the

brief and volume of documents should be before the Tribunal

while counsel is addressing the Tribunal upon that branch of

the case; and also that it would be convenient to the

Tribunal - if it is convenient to counsel for the

prosecution-that he should give a short explanation - not a

prolonged explanation - of the documents which he is

presenting to the Court, drawing their attention to any

passages in the documents to which be particularly wishes to

draw attention.

I will now call upon the Chief Prosecutor for the United

States to continue his address.

COLONEL STOREY: May it please the Tribunal: Yesterday

afternoon it appeared that there was some question about the

identification of documents formally offered in evidence

yesterday. Therefore, with the Tribunal's permission I

should like to offer them by number, formally, so that the

Clerk can get them on his record and they may be identified,

with your Honour's permission.

The United States - and may I say, Sir, that we offer each

one of these exhibits in evidence - requests that they be

received and filed as evidence for the United States of

America, with the understanding that defence counsel may

later interpose objections. If that is agreeable, Sir, the

first is exhibit U.S.A. 1, the affidavit of Major William H.

Coogan, concerning the capture, processing and

authentication of documents, together with Robert C.

Storey's accompanying statement:

Exhibit USA 2 being document 2903-PS, being the Nazi Party

Chart, together with authentication certificates.

Exhibit USA 3, being document 2905-PS, the Nazi State Chart,

together with authenticating certificates;

Exhibit USA 4, document 2836-PS, the original statement of

defendant Goering as to positions held;

Exhibit USA 5, document 2829-PS, the same, concerning

defendant Ribbentrop;

Exhibit USA 6, document 2851-PS, being the same with

reference to defendant Rosenberg;

Exhibit USA 7, being document 2979-PS, the same concerning

defendant Frank;

Exhibit USA 8, being document 2978-PS, the same relating to

defendant Frick;

Exhibit USA 9, being document 2975-PS, regarding defendant


Exhibit USA 10, being document 2977-PS, relating to

defendant Funk

Exhibit USA 11, being document 3021-PS, relating to

defendant Schacht;

                                                  [Page 119]

Exhibit USA 12, being document 2887-PS, relating to

defendant Donitz;

Exhibit USA 13, being document 2688-PS, relating to

defendant Raeder;

Exhibit USA 14--

THE PRESIDENT: Colonel Storey, might not the numbering of

those documents be done by the General Secretary?

COLONEL STOREY: Yes, Sir, that is correct. That is agreeable

with us, Sir, but the General Secretary raised the question

that it was not in the record. We have the complete

tabulation describing each document by number, and if it is

agreeable to your Honour I will offer the description of

this page, correctly describing, by exhibit number, each one

that was offered in evidence yesterday.

THE PRESIDENT: We will authorise the General Secretary to

accept the documents so numbered.

COLONEL STOREY: Thank you, Sir.

The tabulation referred to is set forth in the following

words and figures:

USA 1 Major Coogan's affidavit with Col. Storey's statement.

USA 2 (2903-PS)  Nazi Party Chart and authenticating papers.

USA 3 (2905-PS)  Nazi State Chart and authenticating papers.

USA 4 (2695-PS)  Original statement of Goering's positions.

USA 5 (2829-PS)  Original statement of Ribbentrop's


USA 6 (2851-PS)  Original statement of Rosenberg's


USA 7 (2979-PS)  Original statement of Frank's positions.

USA 8 (2978-PS)  Original statement of Frick's positions.

USA 9 (2975-PS)  Original statement of Streicher's


USA 10 (2977-PS)  Original statement of Funk's positions.

USA 11 (3021-PS)  Original statement of Schacht's positions.

USA 12 (2887-PS)  Original statement of Donitz' positions.

USA 13 (2888-PS)  Original statement of Raeder's positions.

USA 14 (2973-PS)  Original statement of von Schirach's


USA 15 (2974-PS)  Original statement of Sauckel's positions.

USA 16 (2865-PS)  Original statement of Jodl's positions.

USA 17 (2910-PS)   statement of Seyss-Inquart's positions.

USA 18 (2980-PS)  Original statement of Speer's positions.

USA 19 (2972-PS)  Original statement of von Neurath's


USA 20 (2976-PS)  Original statement of Fritzsche's



USA A   Common Objectives, Methods, and Doctrines of


USA B   The Acquiring of Totalitarian Control over Germany;

Political First Steps; Control Acquired.

USA C   Consolidation of Control (Utilisation and Moulding

of Political Machinery.

USA F   Purge of Political Opponents; Terrorisation.

USA G   Destruction of Trade Unions and Acquisition of

Control over Productive Labour Capacity in Germany.

USA H   Suppression of the Christian Churches in Germany.

USA I   Adoption and Publication of the Programme for

Persecution of the Jews.

May it please the Tribunal, Mr. Justice Jackson called my

attention while we were offering all of these exhibits on

behalf of the United States; naturally they are for the

benefit of and on behalf of all the other nations who are co-

operating in this case.

THE PRESIDENT: That is understood.

MAJOR WALLIS: May it please the Court, when we adjourned

yesterday afternoon, I was in the process of developing the

various means by which these conspirators acquired a

totalitarian control of Germany. I wish to continue on that

subject this morning, and I will first discuss the reshaping

of education and the training

                                                  [Page 120]

of youth; and in accordance with your Honour's suggestion, I

offer the document book, United States Exhibit D, and would

call to the Court's attention that this book contains

translations of the documents which we rely upon with

respect to this portion of the case. These documents consist

of German writings, German speeches of the defendants, and

other Nazi leaders, and are matters that we suggest are

clearly within the purview of judicial notice of the Court.

In the brief which is offered for the assistance of the

Court in connection with this subject, the exact portions of

the documents which are desired to be brought to the

attention of the Tribunal are set forth either by quotation

from the documents, or by reference to the specific page

number of the documents.

Meanwhile, during this entire pre-war period, the nation was

being psychologically prepared for war. One of the most

important steps was the re-shaping of the educational system

so as to educate the German youth to be amenable to their

will. Hitler publicly announced this purpose in November,

1933, and I am quoting from document 2455-PS, when he said:

   "When an opponent declares, 'I will not come over to

   your side, and you will not get me on your side,' I

   calmly say, 'Your child belongs to me already. A people

   lives forever. What are you? You will pass on. Your

   descendants, however, now stand in the new camps. In a

   short time they will know nothing else but this new


He further said in May, 1937, and I refer to document 2454-


   "This new Reich will give its youth to no one, but will

   itself take youth and give to youth its education and

   its own upbringing."

The first steps taken in making the German schools the tools

of the Nazi education system were two decrees in May 1934,

whereby the Reich Ministry of Education was established and

the control of education by local authorities was replaced

by the absolute authority of the Reich in all educational

matters. These decrees are set out in documents 2078-PS,

2088-PS, 2992-PS. Thereafter, the curricula and organisation

of the German schools and universities were modified by a

series of decrees in order to make these schools effective

instruments for the teaching of Nazi doctrines.

The Civil Service Law of 1933, which was presented in

evidence yesterday, made it possible for the Nazi

conspirators to re-examine thoroughly all German teachers

and to remove all "harmful and unworthy elements", harmful

and unworthy in the Nazi opinion. Many teachers and

professors, mostly of them Jews, were dismissed and were

replaced with State-spirited teachers. All teachers were

required to belong to the National Socialist Teachers'

League, which Organisation was charged with the training of

all teachers in the theories and doctrines of the N.S.D.A.P.

This is set forth in document 2452-PS. The Fuehrerprinzip

was introduced into the schools and universities. I refer to

document 2393-PS.

In addition, the Nazi conspirators supplemented the school

system by training the youth through the "Hitler Jugend."

The  law of the Hitler Jugend, which is set forth in

document 1392-PS, states:

    "The German youth, besides being reared within the

    family and school, shall be educated physically,

    intellectually and morally in the spirit of National

    Socialism to serve the people and community through the

    Hitler Youth."

In 1925 the Hitler Youth was officially recognised by the

Nazi Party and became a junior branch of the S.A. In 1931

the defendant Schirach was appointed Reich Youth Leader of

the N.S.D.A.P. with the rank of S.A. Gruppenfuehrer. I refer

to document 1458-PS. In June, 1933, the defendant Schirach

was appointed Youth Leader of the German Reich. I refer to

the same document, 1458-PS. In that same month, on orders of

the defendant Schirach, the Nazi conspirators destroyed or

took over all other youth organisations. This was

accomplished by force in the first instance. The defendant

Schirach, by decree

                                                  [Page 121]

dated 22nd June, 1933, dissolved the Reich Committee of the

German Youth Associations and took over their property. I

refer to document 2229-PS. By similar decrees, all of which

are set forth in the document book, all the youth

organisations of Germany were destroyed. Then the Nazi

conspirators made membership in the Hitler Jugend

compulsory. I refer to document 1392-PS.

The Hitler Jugend from its inception had been a formation of

the Nazi Party. By virtue of the 1036 Youth-Law, making

membership compulsory, it became an agency of the Reich

Government while still retaining its position as a formation

of the Nazi Party. This is set forth in document 1392-PS. By

1940 membership in the Hitler Jugend was over 7,000,000. I

refer you to document 2435-PS. Through the Hitler Jugend the

Nazi conspirators imbued the youth with Nazi ideology. The

master race doctrine and anti-Semitism, including physical

attack on the Jews, were systematically taught in the

training programme. I refer you to document 2436-PS. The

Hitler Jugend indoctrinated the youth with the idea that war

is a noble activity. I refer to document 1458-PS. One of the

most important functions of the Hitler Jugend was to prepare

the youth for membership in the Party and its formations.

The Hitler Jugend was the agency used for extensive pre-

military and military training of youth. I refer to document

1850-PS. In addition to general military training, special

training was given in special formations. These included

flying units, naval units, motorised units, signal units,


The full details, with the accompanying documents of the

methods used by the Nazi conspirators in re-shaping the

educational system and supplementing it with the Hitler

Jugend so as to educate the German youth to be amenable to

the Nazi will, and prepare youth for war, are set forth in

the document book which has been offered, and in the

accompanying briefs.

Now I would like to direct your attention to the weapon of

propaganda that was used during this period, and for this

purpose I offer exhibit USA E with the accompanying brief.

This document book and the briefs which accompany it.

THE PRESIDENT: Have any copies of these documents been

provided for the defence counsel?

COLONEL STOREY: I understand they have been sent to the

Defendants' Information Centre. I may say, Sir, that by to-

morrow we will have then in advance for everybody, including

the Court and the defence counsel.


MAJOR WALLIS: This document book and the accompanying brief

entitled "Propaganda Censorship and Supervision of Cultural


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