Chapter V: Section II: , of the directive on the unified preparations for war (2)

Since, under that provision, the Court will take judicial notice of this governmental report by the Czech Government, I shall, with the leave of the Tribunal, merely summarize Pages 9 to 12 of this report to show the background of the subsequent Nazi intrigue within Czechoslovakia.

Nazi agitation in Czechoslovakia dated from the earliest days of the Nazi Party. In the years following the first World War, a German National Socialist Workers Party (DNSAP), which maintained close contact with Hitler’s NSDAP, was activated in the Sudetenland. In 1932, ringleaders of the Sudeten Volkssport, an organization corresponding to the Nazi SA or Sturmabteilung, openly endorsed the 21 points of Hitler’s program, the first of which demanded the union of all Germans in a greater Germany. Soon thereafter, they were charged with planning armed rebellion on behalf of a foreign power and were sentenced for conspiracy against the Czech Republic.

Late in 1933, the National Socialist Party of Czechoslovakia forestalled its dissolution by voluntary liquidation and several of its chiefs escaped across the border into Germany. For a year thereafter, Nazi activity in Czechoslovakia continued underground.

On 1 October 1934, with the approval and at the urging of the Nazi conspirators, an instructor of gymnastics, Konrad Henlein, established the German Home Front or Deutsche Heimatfront, which, the following spring became the Sudeten German Party (SDP). Profiting from the experiences of the Czech National Socialist Party, Henlein denied any connection with the German Nazis. He rejected pan-Germanism and professed his respect for individual liberties and his loyalty to honest democracy and to the Czech State. His party, nonetheless, was built on the basis of the Nazi Führerprinzip, and he became its Führer.

By 1937, when the powers of Hitler’s Germany had become manifest, Henlein and his followers were striking a more aggressive note, demanding without definition, “complete Sudeten autonomy”. The SDP laid proposals before the Czech Parliament which would in substance, have created a state within a state.

After the annexation of Austria by Germany in March 1938, the Henleinists, who were now openly organized after the Nazi model, intensified their activities. Undisguised anti-Semitic propaganda started in the Henlein press.

The campaign against Bolshevism was intensified. Terrorism in the Henlein-dominated communities increased. A storm-troop organization, patterned and trained on the principles of the Nazi SS was established, known as the FS, Freiwilliger Selbstschutz (or Voluntary Vigilantes).

On 24 April 1938, in a speech to the Party Congress in Karlovy Vary, Henlein came into the open with what he called his Karlsbad Program. In this speech, which echoed Hitler in tone and substance, Henlein asserted the right of the Sudeten Germans to profess German political philosophy which, it was clear, meant National Socialism.

As the summer of 1938 wore on, the Henleinists used every technique of the Nazi Fifth Column. As summarized in Pages 12 to 16 of the Czech Government official report, these techniques included:

(a) Espionage. Military espionage was conducted by the SDP, the FS, and by other members of the German minority on behalf of Germany. Czech defenses were mapped and information on Czech troop movements was furnished to the German authorities.

(b) Nazification of German organizations in Czechoslovakia. The Henleinists systematically penetrated the whole life of the German population of Czechoslovakia. Associations and social cultural centers regularly underwent “Gleichschaltung”, that is purification, by the SDP. Among the organizations conquered by the Henleinists were sports societies, rowing clubs, associations of ex-service men, and choral societies. The Henleinists were particularly interested in penetrating as many business institutions as possible and bringing over to their side the directors of banks, the owners or directors of factories, and the managers of commercial firms. In the case of Jewish ownership or direction, they attempted to secure the cooperation of the clerical and technical staffs of the institutions.

(c) German direction and leadership. The Henleinists maintained permanent contact with the Nazi officials designated to direct operations within Czechoslovakia. Meetings in Germany, at which Henleinists were exhorted and instructed in Fifth Column activity, were camouflaged by being held in conjunction with “Sänger Feste” (or choral festivals), gymnastic shows, and assemblies, and commercial gatherings such as the Leipzig Fair. Whenever the Nazi conspirators needed incidents for their war of nerves, it was the duty of the Henleinists to supply them.

(d) Propaganda. Disruptive and subversive propaganda was beamed at Czechoslovakia in German broadcasts and was echoed in the German press. Goebbels called Czechoslovakia a “nest of Bolshevism” and spread the false report of Russian troops and airplanes centered in Prague. Under direction from the Reich, the Henleinists maintained whispering propaganda in the Sudetenland which contributed to the mounting tension and to the creation of incidents. Illegal Nazi literature was smuggled from Germany and widely distributed in the border regions. The Henlein press, more or less openly, espoused Nazi ideology before the German population in the Sudetenland.

(e) Murder and terrorism. Nazi conspirators provided the Henleinists, and particularly the FS, with money and arms with which to provoke incidents and to maintain a state of permanent unrest. Gendarmes, customs officers, and other Czech officials were attacked. A boycott was established against Jewish lawyers, doctors, and tradesmen.

The Henleinists terrorized the non-Henlein population and the Nazi Gestapo crossed into the border districts to carry Czechoslovak citizens across the border into Germany. In several cases, political foes of the Nazis were murdered on Czech soil. Nazi agents murdered Professor Theodor Lessing in 1933, and engineer Formis in 1935. Both men were anti-Nazis who had escaped from Germany after Hitler came to power and had sought refuge in Czechoslovakia.

Sometime afterwards, when there was no longer need for pretense and deception, Konrad Henlein made a clear and frank statement of the mission assigned to him by the Nazi conspirators. I offer in evidence Document Number 2863-PS, an excerpt from a lecture by Konrad Henlein quoted in the book _Four Fighting Years_, a publication of the Czechoslovak Ministry of Foreign Affairs; and I quote from Page 29. This book has been marked for identification Exhibit USA-92, but without offering it in evidence, I ask the Tribunal to take judicial notice of it. I shall read from Page 29. This lecture was delivered by Henlein on 4 March 1941, in the auditorium of the University of Vienna, under the auspices of the Wiener Verwaltungsakademie. During a thorough search of libraries in Vienna and elsewhere, we have been unable to find a copy of the German text. This text, this volume that I have here, is an English version. The Vienna newspapers the following day carried only summaries of the lecture. This English version, however, is an official publication of the Czech Government and is, under the circumstances, the best evidence that we can produce of the Henlein speech.

In this lecture on “The Fight for the Liberation of the Sudetens” Henlein said:

“National Socialism soon swept over us Sudeten Germans. Our
struggle was of a different character from that in Germany.
Although we had to behave differently in public we were, of
course, secretly in touch with the National Socialist revolution
in Germany so that we might be a part of it. The struggle for
Greater Germany was waged on Sudeten soil, too. This struggle
could be waged only by those inspired by the spirit of National
Socialism, persons who were true followers of our Führer,
whatever their outward appearance. Fate sought me out to be the
leader of the national group in its final struggle. When in the
autumn of 1933, the leader of the NSDAP asked me to take over
the political leadership of the Sudeten Germans, I had a
difficult problem to solve. Should the National Socialist Party
continue to be carried on illegally or should the movement, in
the interest of the self-preservation of the Sudeten Germans and
in order to prepare their return to the Reich, wage its struggle
under camouflage and by methods which appeared quite legal to
the outside world? For us Sudeten Germans only the second
alternative seemed possible, for the preservation of our
national group was at stake. It would certainly have been easier
to exchange this hard and mentally exhausting struggle for the
heroic gesture of confessing allegiance to National Socialism
and entering a Czechoslovak prison. But it seemed more than
doubtful whether, by this means, we could have fulfilled the
political task of destroying Czechoslovakia as a bastion in the
alliance against the German Reich.”

The account of Nazi intrigue in Czechoslovakia which I have just presented to the Tribunal is the outline of this conspiracy as it had been pieced together by the Czechoslovak Government early this summer. Since then, captured documents and other information made available to us since the defeat of Germany have clearly and conclusively demonstrated the implication, which hitherto could only be deduced, of the Nazi conspirators in the agitation in the Sudetenland.

I offer in evidence Document Number 3060-PS, Exhibit USA-93. This is the original, handwritten draft of a telegram sent from the German Legation in Prague on 16 March 1938 to the Foreign Minister in Berlin. It is presumably written by the German Minister Eisenlohr. It proves conclusively that the Henlein movement was an instrument, a puppet of the Nazi conspirators. The Henlein party, it appears from this document, was directed from Berlin and from the German Legation in Prague. It could have no policy of its own. Even the speeches of its leaders had to be co-ordinated with the German authorities.

I will read this telegram:

“Prague, 16 March 1938.

“Foreign (Office), Berlin; (cipher cable—secret); No. 57 of 16
March.

“With reference to cable order No. 30 of 14 March.

“Rebuff to Frank has had a salutary effect. Have thrashed out
matters with Henlein, who recently had shunned me, and with
Frank separately and received following promises:

“1. The line of German foreign policy as transmitted by the
German Legation is exclusively decisive for policy and tactics
of the Sudeten German Party. My directives are to be complied
with implicitly.

“2. Public speeches and the press will be co-ordinated uniformly
with my approval. The editorial staff of _Zeit_”—_Time_—“is to
be improved.

“3. Party leadership abandons the former intransigent line,
which in the end might lead to political complications, and
adopts a line of gradual promotion of Sudeten German interests.
The objectives are to be set in every case with my participation
and to be promoted by parallel diplomatic action. Laws for the
protection of nationalities (Volksschutzgesetze) and territorial
autonomy are no longer to be stressed.

“4. If consultations with Berlin agencies are required or
desired before Henlein issues important statements on his
program, they are to be applied for and prepared through the
Legation.

“5. All information of the Sudeten German Party for German
agencies is to be transmitted through the Legation.

“6. Henlein will establish contact with me every week, and will
come to Prague at any time if requested.

“I now hope to have the Sudeten German Party under firm control,
as this is more than ever necessary for coming developments in
the interest of foreign policy. Please inform Ministries
concerned and Mittelstelle (Central Office for Racial Germans)
and request them to support this uniform direction of the
Sudeten German Party.”

The initials are illegible.

The dressing down administered by Eisenlohr to Henlein had the desired effect. The day after the telegram was dispatched from Prague, Henlein addressed a humble letter to Ribbentrop, asking an early personal conversation.

I offer in evidence Document Number 2789-PS as Exhibit USA-94. This is the letter from Konrad Henlein to Defendant Ribbentrop, captured in the German Foreign Office files, dated 17 March 1938.

“Most honored Minister of Foreign Affairs:

“In our deeply felt joy over the fortunate turn of events in
Austria we feel it our duty to express our gratitude to all
those who had a share in this new grand achievement of our
Führer.

“I beg you, most honored Minister, to accept accordingly the
sincere thanks of the Sudeten Germans herewith.

“We shall show our appreciation to the Führer by doubled efforts
in the service of the Greater German policy.

“The new situation requires a re-examination of the Sudeten
German policy. For this purpose I beg to ask you for the
opportunity of a very early personal talk.

“In view of the necessity of such a clarification I have
postponed the nation-wide Party Congress, originally scheduled
for 26th and 27th of March 1938, for 4 weeks.

“I would appreciate it if the Ambassador, Dr. Eisenlohr, and two
of my closest associates would be allowed to participate in the
requested talks.

“Heil Hitler. Loyally yours”—signed—“Konrad Henlein.”

You will note that Henlein was quite aware that the seizure of Austria made possible the adoption of a new policy towards Czechoslovakia. You will also note that he was already in close enough contact with Ribbentrop and the German Minister in Prague to feel free to suggest early personal talks.

Ribbentrop was not unreceptive to Henlein’s suggestion. The conversations Henlein had proposed took place in the Foreign Office in Berlin on the 29th of March 1938. The previous day Henlein had conferred with Hitler himself.

I offer in evidence Document Number 2788-PS as Exhibit USA-95, captured German Foreign Office notes of the conference on the 29th of March. I read the first two paragraphs:

“In this conference the gentlemen enumerated in the enclosed
list participated.

“The Reich Minister started out by emphasizing the necessity to
keep the conference which had been scheduled strictly a secret.
He then explained, in view of the directives which the Führer
himself had given to Konrad Henlein personally yesterday
afternoon, that there were two questions which were of
outstanding importance for the conduct of policy of the Sudeten
German Party.”

I will omit the discussion of the claims of the Sudeten Germans and resume the minutes of this meeting in the middle of the last paragraph of the first page of the English translation, with the sentence beginning, “The aim of the negotiations.”

“The aim of the negotiations to be carried out by the Sudeten
German Party with the Czechoslovakian Government is finally
this: To avoid entry into the Government by the extension and
gradual specification of the demands to be made. It must be
emphasized clearly in the negotiations that the Sudeten German
Party alone is the party to the negotiations with the
Czechoslovakian Government, not the Reich Cabinet. The Reich
Cabinet itself must refuse to appear toward the government in
Prague or toward London and Paris as the advocate or pacemaker
of the Sudeten German demands. It is a self-evident prerequisite
that during the impending discussion with the Czechoslovak
Government the Sudeten Germans should be firmly controlled by
Konrad Henlein, should maintain quiet and discipline, and should
avoid indiscretions. The assurances already given by Konrad
Henlein in this connection were satisfactory.

“Following these general explanations of the Reichsminister, the
demands of the Sudeten German Party from the Czechoslovak
Government, as contained in the enclosure, were discussed and
approved in principle. For further co-operation, Konrad Henlein
was instructed to keep in the closest possible touch with the
Reichsminister and the head of the Central Office for Racial
Germans, as well as the German Minister in Prague, as the local
representative of the Foreign Minister. The task of the German
Minister in Prague would be to support the demand of the Sudeten
German Party as reasonable—not officially, but in more private
talks with the Czechoslovak politicians, without exerting any
direct influence on the extent of the demands of the Party.

“In conclusion, there was a discussion whether it would be
useful if the Sudeten German Party would co-operate with other
minorities in Czechoslovakia, especially with the Slovaks. The
Foreign Minister decided that the Party should have the
discretion to keep a loose contact with other minority groups if
the adoption of a parallel course by them might appear
appropriate.

“Berlin, 29 March 1938,

“R”—for Ribbentrop.

Not the least interesting aspect of this secret meeting is the list of those who attended: Konrad Henlein; his principal deputy, Karl Hermann Frank; and two others represented the Sudeten German Party. Professor Haushofer, the geopolitician, and SS Obergruppenführer Lorenz represented the Volksdeutsche Mittelstelle (the Central Office for Racial Germans). The Foreign Office was represented by a delegation of eight. These eight included Ribbentrop, who presided at the meeting and did most of the talking; Von Mackensen; Weizsäcker and Minister Eisenlohr from the German Legation at Prague.

In May, Henlein came to Berlin for more conversations with the Nazi conspirators. At this time the plans for Case Green, for the attack on the Czechs, were already on paper, and it may be assumed that Henlein was briefed on the role he was to play during the summer months.

I again quote from General Jodl’s diary, Document 1780-PS, the entry for 22 May 1938: “Fundamental conference between the Führer and K. Henlein (see enclosure).” The enclosure unfortunately is missing from Jodl’s diary.

The Tribunal will recall that in his speech in Vienna Henlein had admitted that he had been selected by the Nazi conspirators in the fall of 1933 to take over the political leadership of the Sudeten Germans. The documents I have just read show conclusively the nature of Henlein’s mission. They demonstrate that Henlein’s policy, his propaganda, even his speeches, were controlled by Berlin.

I will now show that from the year 1935 the Sudeten German Party was secretly subsidized by the German Foreign Office. I offer in evidence Document 3059-PS as Exhibit USA-96, another secret memorandum captured in the German Foreign Office file.

This memorandum, signed by Woermann and dated Berlin, 19 August 1938, was occasioned by the request of the Henlein Party for additional funds. I read from that document:

“The Sudeten German Party has been subsidized by the Foreign
Office regularly since 1935 with certain amounts, consisting of
a monthly payment of 15,000 marks; 12,000 marks of this are
transmitted to the Prague Legation for disbursement and 3,000
marks are paid out to the Berlin representation of the Party
(Bureau Bürger). In the course of the last few months the tasks
assigned to the Bureau Bürger have increased considerably due to
the current negotiations with the Czech Government. The number
of pamphlets and maps which are produced and disseminated has
risen; the propaganda activity in the press has grown immensely;
the expense accounts have increased especially because due to
the necessity for continuous good information, the expenses for
trips to Prague, London, and Paris (including the financing of
travels of Sudeten German deputies and agents) have grown
considerably heavier. Under these conditions the Bureau Bürger
is no longer able to get along with the monthly allowance of
3,000 marks if it is to do everything required. Therefore Herr
Bürger has applied to this office for an increase of this amount
from 3,000 marks to 5,500 marks monthly. In view of the
considerable increase in the business transacted by the bureau,
and of the importance which marks the activity of the bureau in
regard to the co-operation with the Foreign Office, this desire
deserves the strongest support.

“Herewith submitted to the personnel department with a request
for approval. Increase of payments with retroactive effect from
1 August is requested.”—signed—“Woermann.”

Under this signature is a footnote:

“Volksdeutsche Mittelstelle”—Central Office for Racial
Germans—“will be informed by the Political
Department”—handwritten marginal note.

We may only conjecture what financial support the Henlein movement received from other agencies of the German Government.

As the military preparations to attack Czechoslovakia moved forward in the late summer and early fall, the Nazi command made good use of Henlein and his followers. About the 1st of August, the Air Attaché in the German Legation in Prague, Major Moericke, acting on instructions from Luftwaffe headquarters in Berlin, visited the Sudeten German leader in Freudenthal. With his assistance and in the company of the local leader of the FS, the Henlein equivalent of the SS, he reconnoitered the surrounding countryside to select possible airfield sites for German use. The FS leader, a Czech reservist then on leave, was in the uniform of the Czech Army, a fact which, as the Attaché noted, served as excellent camouflage.

I now read from the enclosure to Document 1536-PS, which I offered in evidence earlier and which bears United States Exhibit Number 83. I have already read the first four paragraphs of the enclosure:

“The manufacturer M. is the head of the Sudeten German Glider
Pilots in Fr.”—that’s Freudenthal—“and said to be absolutely
reliable by my trusted man. My personal impression fully
confirmed this judgment. No hint of my identity was made to him,
although I had the impression that M. knew who I was.

“At my request, with which he complied without any question, M.
travelled with me over the country in question. We used M.’s
private car for the trip.

“As M. did not know the country around Beneschau sufficiently
well, he took with him the local leader of the FS, a Czech
reservist of the Sudeten German Racial Group, at the time on
leave. He was in uniform. For reasons of camouflage, I was
entirely in agreement with this—without actually saying so.

“As M., during the course of the drive, observed that I
photographed large open spaces out of the car, he said. ‘Aha, so
you’re looking for airfields!’ I answered that we supposed that
in the case of any serious trouble, the Czechs would put their
airfields immediately behind the line of fortifications. I had
the intention of looking over the country from that point of
view.”

In the latter part of the Air Attaché’s report, reference is made to the presence of reliable agents and informers, which he called “V-Leute” (V-people), apparently drawn from the ranks of the Henlein party in this area. It was indicated that these agents were in touch with the “Abwehr Stelle” (the Intelligence Office) in Breslau.

In September, when the Nazi propaganda campaign was reaching its height, the Nazis were not satisfied with playing merely on the Sudeten demands for autonomy. They attempted to use the Slovaks as well. On the 19th of September the Foreign Office in Berlin sent a telegram to the German Legation in Prague. I offer the document in evidence, Number 2858-PS, Exhibit USA-97, another captured German Foreign Office document—a telegram:

“Please inform Deputy Kundt that Konrad Henlein requests to get
in touch with the Slovaks at once and induce them to start their
demands for autonomy tomorrow.”—signed—“Altenburg.”

Kundt was Henlein’s representative in Prague.

As the harassed Czech Government sought to stem the disorders in the Sudetenland, the German Foreign Office turned to threatening diplomatic tactics in a deliberate effort to increase the tension between the two countries. I offer in evidence Documents 2855-PS, 2854-PS, 2853-PS, and 2856-PS, as United States Exhibits respectively 98, 99, 100, and 101. Four telegrams from the Foreign Office in Berlin to the Legation in Prague were dispatched between the 16th and 24th of September 1938. They are self-explanatory. The first is dated 16 September.

“Tonight 150 subjects of Czechoslovakia of Czech blood were
arrested in Germany. This measure is an answer to the arrest of
Sudeten Germans since the Führer’s speech of 12 September. I
request you to ascertain as soon as possible the number of
Sudeten Germans arrested since 12 September as far as possible.
The number of those arrested there is estimated conservatively
at 400 by the Gestapo. Cable report.”

A handwritten note follows:

“Impossible for me to ascertain these facts as already
communicated to the chargé d’affaires.”

The second telegram is dated September 17:

“Most urgent.

“I. Request to inform the local government immediately of the
following:

“The Reich Government has decided that:

“(a) Immediately as many Czech subjects of Czech descent,
Czech-speaking Jews included, will be arrested in Germany as
Sudeten Germans have been in Czechoslovakia since the beginning
of the week; (b) If any Sudeten Germans should be executed
pursuant to a death sentence on the basis of martial law, an
equal number of Czechs will be shot in Germany.”

The third telegram was sent on 24 September. I read it:

“According to information received here, Czechs have arrested
two German frontier policemen, seven customs officials, and 30
railway officials. As counter measure all the Czech staff in
Marschegg were arrested. We are prepared to exchange the
arrested Czech officials for the German officials. Please
approach Government there and wire result.”

On the same day the fourth telegram was dispatched, and I read the last paragraph:

“‘Confidential’. Yielding of Czech hostages arrested here for
the prevention of the execution of any sentences passed by
military courts against Sudeten Germans is, of course, out of
question.”

In the latter half of September, Henlein devoted himself and his followers wholeheartedly to the preparations for the coming German attack. About 15 September, after Hitler’s provocative Nuremberg speech in which he accused Beneš of torturing and planning the extermination of the Sudeten Germans, Henlein and Karl Hermann Frank, one of his principal deputies, fled to Germany to avoid arrest by the Czech Government. In Germany Henlein broadcast over the powerful Reichsender radio station his determination to lead the Sudeten Germans home to the Reich and denounced what he called the Hussites-Bolshevist criminals of Prague. From his headquarters in a castle at Donndorf, outside Bayreuth, he kept in close touch with the leading Nazi conspirators, including Hitler and Himmler. He directed activities along the border and began the organization of the Sudeten German Free Corps, an auxiliary military organization. You will find these events set forth in the Czechoslovak official government report, 998-PS, which has already been offered as Exhibit USA-91.

Henlein’s activities were carried on with the advice and assistance of the German Nazi leaders. Lieutenant Colonel Köchling was assigned to Henlein in an advisory capacity to assist with the Sudeten German Free Corps. In a conference with Hitler on the night of September 17, Köchling received far-reaching military powers.

At this conference, the purpose of the Free Corps was frankly stated—the maintenance of disorder and clashes. I read from Item 25, a handwritten note labelled “most secret,” on Page 49 of the Schmundt file, Document 388-PS:

“Most secret. Last night conference took place between Führer
and Lieutenant Colonel Köchling. Duration of conference 7
minutes. Lieutenant Colonel Köchling remains directly
responsible to OKW. He will be assigned to Konrad Henlein in an
advisory capacity. He received far-reaching military plenary
powers from the Führer. The Sudeten German Free Corps remains
responsible to Konrad Henlein alone. Purpose: Protection of the
Sudeten Germans and maintenance of disturbances and clashes. The
Free Corps will be established in Germany. Armament only with
Austrian weapons. Activities of Free Corps to begin as soon as
possible.”

THE PRESIDENT: Would that be a good place to break off for 10 minutes?

[_A recess was taken._]

MR. ALDERMAN: May it please the Tribunal, General Jodl’s diary again gives a further insight into the position of the Henlein Free Corps. At this time, the Free Corps was engaged in active skirmishing along the Czech border, furnishing incidents and provocation in the desired manner. I quote from the entries in the Jodl diary, for the 19th and 20th September 1938, at Page 6 of the Document 1780-PS, which is Exhibit USA-72.

“19 September: Order is given to the Army High Command to take
care of the Sudeten German Free Corps.

“20 September: England and France have handed over their demands
in Prague, the contents of which are still unknown. The
activities of the Free Corps start assuming such an extent that
they may bring about, and already have brought about,
consequences harmful to the plans of the Army. (Transferring
rather strong units of the Czech Army to the proximity of the
border.) By checking with Lieutenant Colonel Köchling, I attempt
to lead these activities into normal channels.

“Toward the evening the Führer also takes a hand and gives
permission to act only with groups up to 12 men each, after the
approval of the corps headquarters.”

A report from Henlein’s staff, which was found in Hitler’s headquarters, boasted of the offensive operations of the Free Corps. It is Item 30 of the Schmundt file, Page 54 of Document 388-PS. I read the last two paragraphs:

“Since 19 September, in more than 300 missions, the Free Corps
has executed its task with an amazing spirit of attack,”—now,
that word “attack” was changed by superimposition to
“defense”—“and with a willingness often reaching a degree of
unqualified self-sacrifice. The result of the first phase of its
activities: More than 1500 prisoners, 25 MG’s”—which I suppose
means machine guns—“and a large amount of other weapons and
equipment, aside from serious losses in dead and wounded
suffered by the enemy.”—And there was superimposed in place of
“enemy”, “the Czech terrorists.”

In his headquarters in the castle at Donndorf, Henlein was in close touch with Admiral Canaris of the Intelligence Division of the OKW and with the SS and the SA. The liaison officer between the SS and Henlein was Oberführer Gottlob Berger (SS).

I now offer in evidence Document 3036-PS as Exhibit USA-102, which is an affidavit executed by Gottlob Berger; and in connection with that affidavit, I wish to submit to the Tribunal that it presents, we think, quite a different question of proof from the Schuschnigg affidavits which were not admitted in evidence by the Court. Schuschnigg, of course, was a neutral and non-Nazi Austrian. He was not a member of this conspiracy, and I can well understand that the Court rejected his affidavit for these reasons.

This man was a Nazi. He was serving in this conspiracy. He has made this affidavit. We think the affidavit has probative value and should be admitted by the Tribunal under the pertinent provision of the Charter, which says that you will accept in evidence any evidence having probative value. We think it would be unfair to require us to bring here as a witness a man who would certainly be a hostile witness, who is to us a member of this conspiracy, and it seems to us that the affidavit should be admitted with leave to the defendants, if they wish, to call the author of the affidavit as their witness. I should have added that this man was a prominent member of the SS which is charged before you as being a criminal organization, and we think the document is perfectly competent in evidence as an admission against interest by a prominent member of the SS organization.

DR. STAHMER: Mr. President, the Defense objects to the use of this document. This document was drawn up as late as 22 November 1945, here in Nuremberg, and the witness Berger could, therefore, be brought to Court without any difficulty. We must insist that he be heard here on the subjects on which the Prosecution wishes to introduce his testimony. That would be the only way in which the Defense could have an opportunity of cross-examining the witness and thereby contribute to obtaining objective truth.

[_Pause in the proceedings while the Tribunal consulted._]

THE PRESIDENT: The Tribunal upholds the objection and will not hear this affidavit. It is open to either the Prosecution or the defendants, of course, to call the man who made the affidavit. That is all I have to say. We have upheld your objection.

MR. ALDERMAN: If the Tribunal please, I had another affidavit by one Alfred Helmut Naujocks which, I take it, will be excluded under this same ruling, and which, therefore, I shall not offer.

THE PRESIDENT: If the circumstances are the same.

MR. ALDERMAN: Yes, I might merely refer to it for identification because it is in your document books.

THE PRESIDENT: Very well.

MR. ALDERMAN: It is Document 3029-PS.

THE PRESIDENT: Very well. That also will be rejected as evidence.

MR. ALDERMAN: Yes. Offensive operations along the Czechoslovakian border were not confined to skirmishes carried out by the Free Corps. Two SS-Totenkopf (Deathhead) battalions were operating across the border in Czech territory near Asch.

I quote now from Item 36 in the Schmundt file, an OKW most-secret order, signed by Jodl, and dated 28 September. This appears at Page 61 Of the Schmundt file:

“Supreme Command of the Armed Forces, Berlin, 28 September 1938;
45 copies, 16th copy; most secret.

“Subject: Four SS-Totenkopf battalions subordinate to the
Commander-in-Chief Army.

“To: Reichsführer SS and Chief of the German Police (SS Central
Office) (36th copy).

“By order of the Supreme Command of the Armed Forces the
following battalions of the SS Deathhead organization will be
under the command of the Commander-in-Chief of the Army with
immediate effect.

“Second and Third Battalions of the 2d SS-Totenkopf Regiment
Brandenburg at present in Brieg (Upper Silesia).

“First and Second Battalions of the 3d SS-Totenkopf Regiment
Thuringia, at present in Radebeul and Kötzschenbroda near
Dresden.

“Commander-in-Chief of the Army is requested to deploy these
battalions for the West, (Upper Rhine) according to the Führer’s
instructions.

“These SS-Totenkopf units now operating in the Asch promontory
(I and II Battalions of the SS-Totenkopf Regiment Oberbayern)
will come under the Commander-in-Chief of the Army only when
they return to German Reich territory, or when the Army crosses
the German-Czech frontier.

“It is requested that all further arrangements be made between
Commander-in-Chief of the Army and Reichsführer SS (SS Central
Office).

“For the Chief of the Supreme Command of the Armed Forces,
Jodl.”

According to the 25 September entry in General Jodl’s diary, these SS-Totenkopf battalions were operating in this area on direct orders from Hitler. As the time X-Day approached, the disposition of the Free Corps became a matter of dispute.

On 26 September Himmler issued an order to the Chief of Staff of the Sudeten German Free Corps, directing that the Free Corps come under control of the Reichsführer SS in the event of German invasion of Czechoslovakia. This document is Item 37 in the Schmundt file, on Page 62.

On 28 September Defendant Keitel directed that as soon as the German Army crosses the Czech border, the Free Corps will take orders from the OKH. In this most-secret order of the OKW, Keitel discloses that Henlein’s men are already operating in Czechoslovak territory.

I read now from Item 34 of the Schmundt file on Page 58, the last three paragraphs of this most-secret order:

“For the Henlein Free Corps and units subordinate to it the
principle remains valid, that they receive instructions direct
from the Führer and that they carry out their operations only in
conjunction with the competent corps headquarters. The advance
units of the Free Corps will have to report to the local
commander of the frontier guard immediately before crossing the
frontier.

“Those units remaining forward of the frontier should, in their
own interests, get into communication with the frontier guard as
often as possible.

“As soon as the Army crosses the Czechoslovak border the Henlein
Free Corps will be subordinate to the OKH. Thus it will be
expedient to assign a sector to the Free Corps, even now, which
can be fitted into the scheme of army boundaries later.”

On 30 September, when it became clear that the Munich Settlement would result in a peaceful occupation of the Sudetenland, the Defendant Keitel ordered that the Free Corps Henlein, in its present composition, be placed under the command of Himmler.

I read from Item 38, at Page 63, of the Schmundt file:

“1. Attachment of the Henlein Free Corps. The Supreme Commander
of the Armed Forces has just ordered that the Henlein Free Corps
in its present composition be placed under command of
Reichsführer SS and the Chief of German Police. It is therefore
not at the immediate disposal of OKH as field unit for the
invasion, but is to be later drawn in, like the rest of the
police forces, for police duties in agreement with the
Reichsführer SS.”

I have been able, if the Tribunal please, to ascertain the dates the Tribunal asked about before the recess.

The first visit of Chamberlain to Germany in connection with this matter was 15 September 1938. Chamberlain flew to Munich and arrived at 12:30 o’clock on 15 September. He went by train from Munich to Berchtesgaden, arriving at 1600 hours, by car to Berghof, arriving about at 1650, for three talks with Hitler. On 16 September Chamberlain returned by air to London.

The second visit was on 22 September. Chamberlain met with Hitler at Bad Godesberg at 1700 hours for a 3-hour discussion, and it was a deadlock. On 23 September discussions were resumed at 2230 hours. On 24 September Chamberlain returned to London.

The third visit was on 29 September. Chamberlain flew to Munich and the meeting of Chamberlain, Mussolini, Daladier, and Hitler took place at the Brown House at 1330 and continued until 0230 hours on 30 September 1938, a Friday, when the Munich Agreement was signed. Under the threat of war by the Nazi conspirators, and with war in fact about to be launched, the United Kingdom and France concluded the Munich Pact with Germany and Italy at that early morning hour of 30 September 1938. This Treaty will be presented by the British prosecutor. It is sufficient for me to say of it at this point that it was the cession of the Sudetenland by Czechoslovakia to Germany. Czechoslovakia was required to acquiesce.

The Munich Pact will be TC-23 of the British documents.

On 1 October 1938 German troops began the occupation of the Sudetenland. During the conclusion of the Munich Pact the Wehrmacht had been fully deployed for the attack, awaiting only the word of Hitler to begin the assault.

With the cession of the Sudetenland new orders were issued. On 30 September the Defendant Keitel promulgated Directive Number 1 on occupation of territory separated from Czechoslovakia. This is Item 39 at Page 64 of the Schmundt file. This directive contained a timetable for the occupation of sectors of former Czech territory between 1 and 10 October and specified the tasks of the German Armed Forces.

I read now the fourth and fifth paragraphs of that document:

“2. The present degree of mobilized preparedness is to be
maintained completely, for the present also in the West. Order
for the rescinding of measures taken, is held over.

“The entry is to be planned in such a way that it can easily be
converted into operation Grün.”

It contains one other important provision about the Henlein forces, and I quote from the list under the heading “a. Army”:

“Henlein Free Corps. All combat action on the part of the
Volunteer Corps must cease as from 1st October.”

The Schmundt file contains a number of additional secret OKW directives giving instructions for the occupation of the Sudetenland. I think I need not read them, as they are not essential to the proof of our case. They merely indicate the scope of the preparations of the OKW.

Directives specifying the occupational area of the Army, the units under its command, arranging for communication facilities, supply, and propaganda, and giving instructions to the various departments of the Government were issued over Defendant Keitel’s signature on 30 September. These are Items 40, 41, and 42 in the Schmundt file. I think it is sufficient to read the caption and the signature.

THE PRESIDENT: What page?

MR. ALDERMAN: Page 66 of the English version. This is the Supreme Commander of the Armed Forces, most secret:

“Special Orders Number 1 to Directive Number 1. Subject:
Occupation of Territory Ceded by
Czechoslovakia.”—Signature—“Keitel.”

Item 41 is on Page 70 of the Schmundt file.

“Supreme Command of the Armed Forces; most secret IV a. Most
secret; subject: Occupation of Sudeten-German
Territory.”—Signed—“Keitel.”

Item 42 in the Schmundt file is on Page 75, again most secret.

“Subject: Occupation of the Sudeten-German
Area.”—Signed—“Keitel.”

By 10 October Von Brauchitsch was able to report to Hitler that German troops had reached the demarcation line and that the order for the occupation of the Sudetenland had been fulfilled. The OKW requested Hitler’s permission to rescind Case Green, to withdraw troops from the occupied area, and to relieve the OKH of executive powers in the Sudeten-German area as of 15 October. These are Items 46, 47, and 48 in the Schmundt file.

Item 46, which appears at Page 77, is a letter from Berlin, dated October 10, 1938, signed by Von Brauchitsch:

“My Führer:

“I have to report that the troops will reach the demarcation
line as ordered, by this evening. Insofar as further military
operations are not required, the order for the occupation of the
country which was given to me will thus have been fulfilled. The
guarding of the new frontier line will be taken over by the
reinforced frontier supervision service in the next few days.

“It is thus no longer a military necessity to combine the
administration of the Sudetenland with the command of the troops
of the Army under the control of one person.

“I therefore ask you, my Führer, to relieve me, with effect from
15 October 1938, of the charge assigned to me: That of
exercising executive powers in Sudeten-German Territory.

“Heil, my Führer, Von Brauchitsch.”

Item 47 of the Schmundt file, appearing on Page 78, is a secret telegram from the OKW to the Führer’s train, Lieutenant Colonel Schmundt:

“If evening report shows that occupation of Zone 5 has been
completed without incident, OKW intends to order further
demobilization.

“Principle: 1) To suspend operation Grün but maintain a
sufficient state of preparedness on part of Army and Luftwaffe
to make intervention possible if necessary. 2) All units not
needed to be withdrawn from the occupied area and reduced to
peacetime status, as population of occupied area is heavily
burdened by the massing of troops.”

Skipping to below the OKW signature, this appears, at the left:

“Führer’s decision:

“1. Agreed.

“2. Suggestion to be made on the 13 October in Essen by General
Keitel. Decision will then be reached.”

On the same date additional demobilization of the forces in the Sudetenland was ordered by Hitler and Defendant Keitel. Three days later the OKW requested Hitler’s consent to the reversion of the RAD (Labor Corps) from the control of the Armed Forces. These are Items 52 and 53 in the Schmundt file.

As the German forces entered the Sudetenland, Henlein’s Sudetendeutsche Partei was merged with the NSDAP of Hitler. The two men who had fled to Hitler’s protection in mid-September, Henlein and Karl Hermann Frank, were appointed Gauleiter and Deputy Gauleiter, respectively, of the Sudetengau. In the parts of the Czechoslovak Republic that were still free the Sudetendeutsche Partei constituted itself as the National Socialistic German Worker Party in Czechoslovakia, NSDAP in Czechoslovakia, under the direction of Kundt, another of Henlein’s deputies.

The Tribunal will find these events set forth in the Czechoslovak official report, Document 998-PS.

The stage was now prepared for the next move of the Nazi conspirators, the plan for the conquest of the remainder of Czechoslovakia. With the occupation of the Sudetenland and the inclusion of German-speaking Czechs within the Greater Reich, it might have been expected that the Nazi conspirators would be satisfied. Thus far in their program of aggression the defendants had used as a pretext for their conquests the union of the Volksdeutsche, the people of German descent, with the Reich. Now, after Munich, the Volksdeutsche in Czechoslovakia have been substantially all returned to German rule.

On 26 September, at the Sportpalast in Berlin, Hitler spoke to the world. I now refer and invite the notice of the Tribunal to the _Völkischer Beobachter_, Munich edition, special edition for 27 September 1938, in which this speech is quoted. I read from Page 2, Column 1, quoting from Hitler:

“And now we are confronted with the last problem which must be
solved and will be solved. It is the last territorial claim”
. . .

THE PRESIDENT: Is this document in our documents?

MR. ALDERMAN: No. I am asking the Court to take judicial notice of that.

THE PRESIDENT: Very well.

MR. ALDERMAN: It is a well-known German publication.

“It is the last territorial claim which I have to make in
Europe, but it is a claim from which I will not swerve and which
I will satisfy, God willing.” (Document Number 2358-PS.)

And further:

“I have little to explain. I am grateful to Mr. Chamberlain for
all his efforts, and I have assured him that the German people
want nothing but peace; but I have also told him that I cannot
go back beyond the limits of our patience.”

This is Page 2, Column 1.

“I assured him, moreover, and I repeat it here, that when this
problem is solved there will be no more territorial problems for
Germany in Europe. And I further assured him that from the
moment, when Czechoslovakia solves its other problems—that is
to say, when the Czechs have come to an arrangement with their
other minorities peacefully and without oppression—I will no
longer be interested in the Czech State. And that, as far as I
am concerned, I will guarantee it. We don’t want any Czechs!”

The major portion of the passage I have quoted will be contained in Document TC-28, which I think, will be offered by the British prosecutor.

Yet two weeks later Hitler and Defendant Keitel were preparing estimates of the military forces required to break Czechoslovak resistance in Bohemia and Moravia.

I now read from Item 48, at Page 82, of the Schmundt file. This is a top-secret telegram sent by Keitel to Hitler’s headquarters on 11 October 1938 in answer to four questions which Hitler had propounded to the OKW. I think it is sufficient merely to read the questions which Hitler had propounded:

“Question 1. What reinforcements are necessary in the situation
to break all Czech resistance in Bohemia and Moravia?

“Question 2. How much time is requested for the regrouping or
moving up of new forces?

“Question 3. How much time will be required for the same purpose
if it is executed after the intended demobilization and return
measures?

“Question 4. How much time would be required to achieve the
state of readiness of 1 October?”

On 21 October, the same day on which the administration of the Sudetenland was handed over to the civilian authorities, a directive outlining plans for the conquest of the remainder of Czechoslovakia was signed by Hitler and initialed by the Defendant Keitel.

I now offer in evidence Document C-136 as Exhibit USA-104, a top-secret order of which 10 copies were made, this being the first copy, signed in ink by Keitel.

In this order, issued only 3 weeks after the winning of the Sudetenland, the Nazi conspirators are already looking forward to new conquests. I quote the first part of the body of the document:

“The future tasks for the Armed Forces and the preparations for
the conduct of war resulting from these tasks will be laid down
by me in a later directive. Until this directive comes into
force the Armed Forces must be prepared at all times for the
following eventualities:

“1) The securing of the frontiers of Germany and the protection
against surprise air attacks.

“2) The liquidation of the remainder of Czechoslovakia.

“3) The occupation of the Memel.”

And then proceeding, the statement following Number 2:

“Liquidation of the remainder of Czechoslovakia: It must be
possible to smash at any time the remainder of Czechoslovakia if
her policy should become hostile towards Germany.

“The preparations to be made by the Armed Forces for this
contingency will be considerably smaller in extent than those
for Grün; they must, however, guarantee a continuous and
considerably higher state of preparedness, since planned
mobilization measures have been dispensed with. The
organization, order of battle, and state of readiness of the
units earmarked for that purpose are in peacetime to be so
arranged for a surprise assault that Czechoslovakia herself will
be deprived of all possibility of organized resistance. The
object is the swift occupation of Bohemia and Moravia and the
cutting off of Slovakia. The preparations should be such that at
the same time ‘Grenzsicherung West’”—the measures of frontier
defense in the West—“can be carried out.

“The detailed mission of Army and Air Force is as follows:

“a. Army: The units stationed in the vicinity of Bohemia-Moravia
and several motorized divisions are to be earmarked for a
surprise type of attack. Their number will be determined by the
forces remaining in Czechoslovakia; a quick and decisive success
must be assured. The assembly and preparations for the attack
must be worked out. Forces not needed will be kept in readiness
in such a manner that they may be either committed in securing
the frontiers or sent after the attack army.

“b. Air Force: The quick advance of the German Army is to be
assured by early elimination of the Czech Air Force. For this
purpose the commitment in a surprise attack from peacetime bases
has to be prepared. Whether for this purpose still stronger
forces may be required can be determined from the development of
the military-political situation in Czechoslovakia only. At the
same time a simultaneous assembly of the remainder of the
offensive forces against the West must be prepared.”

And then Part 3 goes on under the heading, “Annexation of the Memel District.”

It is signed by Adolf Hitler and authenticated by Defendant Keitel. It was distributed to the OKH, to Defendant Göring’s Luftwaffe, and to Defendant Raeder at Navy headquarters.

Two months later, on 17 December 1938, Defendant Keitel issued an appendix to the original order, stating that by command of the Führer preparations for the liquidation of Czechoslovakia are to continue.

I offer in evidence Document C-138 as Exhibit USA-105, and other captured OKW documents classified top secret.

Distribution of this order was the same as for the 21 October order. I shall read the body of this order.

“Corollary to Directive of 21. 10. 38.

“Reference: ‘Liquidation of the Rest of Czechoslovakia.’ The
Führer has given the following additional order:

“The preparations for this eventuality are to continue on the
assumption that no resistance worth mentioning is to be
expected.

“To the outside world too it must clearly appear that it is
merely an action of pacification, and not a warlike undertaking.

“The action must therefore be carried out by the peacetime Armed
Forces only, without reinforcements from mobilization. The
necessary readiness for action, especially the ensuring that the
most necessary supplies are brought up, must be effected by
adjustment within the units.

“Similarly the units of the Army detailed for the march in must,
as a general rule, leave their stations only during the night
prior to the crossing of the frontier, and will not previously
form up systematically on the frontier. The transport necessary
for previous organization should be limited to the minimum and
will be camouflaged as much as possible. Necessary movements, if
any, of single units and particularly of motorized forces, to
the troop training areas situated near the frontier, must have
the approval of the Führer.

“The Air Force should take action in accordance with the similar
general directives.

“For the same reasons the exercise of executive power by the
Supreme Command of the Army is laid down only for the newly
occupied territory and only for a short
period.”—Signed—“Keitel.”

I invite the attention of the Tribunal to the fact that this particular copy of this order, an original carbon signed in ink by Keitel, was the one sent to the OKM, the German Naval headquarters. It bears the initials of Fricke, head of the Operation Division of the naval war staff; Schniewind, Chief of Staff; and of Defendant Raeder.

As the Wehrmacht moved forward, with plans for what it clearly considered would be an easy victory, the Foreign Office played its part. In a discussion of means of improving German-Czech relations with the Czech Foreign Minister Chvalkovsky in Berlin on 31 January 1939, Defendant Ribbentrop urged upon the Czech Government a quick reduction in the size of the Czech Army. I offer in evidence Document 2795-PS as Exhibit USA-106, captured German Foreign Office notes of this discussion. I will read only the footnote, which is in Ribbentrop’s handwriting:

“I mentioned to Chvalkovsky especially that a quick reduction in
the Czech Army would be decisive in our judgment.”

Does the Court propose sitting beyond 4:30?

THE PRESIDENT: No, I think not. The Tribunal will adjourn.

[_The Tribunal adjourned until 4 December 1945 at 1000 hours._]

TWELFTH DAY
Tuesday, 4 December 1945

_Morning Session_

THE PRESIDENT: I will call on the Chief Prosecutor for Great Britain and Northern Ireland.

SIR HARTLEY SHAWCROSS (Chief Prosecutor for the United Kingdom): May it please the Tribunal, on an occasion to which reference has and will be made, Hitler, the leader of the Nazi conspirators who are now on trial before you, is reported as having said, in reference to their warlike plans:

“I shall give a propagandist cause for starting the war, never
mind whether it be true or not. The victor shall not be asked
later on whether he told the truth or not. In starting and
making a war, not the right is what matters, but victory—the
strongest has the right.”