Chapter I: N T H E (4)

DR. JAHRREISS: Witness, on Friday you made a statement about the part played by the Luftwaffe in the military operations for the completion of the Anschluss policy in March 1938. On what day did the preparations begin?

MILCH: The preparations began less than 48 hours beforehand. That I know exactly.

DR. JAHRREISS: And when did you first learn that military preparations were to be made for the solution of this problem?

MILCH: About 36 hours before the march into Austria.

DR. JAHRREISS: Thank you.

DR. KURT KAUFFMANN (Counsel for Defendant Kaltenbrunner): Witness, am I right in assuming that you were never in a position to issue orders to, that is, never had anything to do officially with either the Gestapo or with the concentration camps?

MILCH: No, I never had anything to do with them.

DR. KAUFFMANN: When did you first hear of the establishment of these camps?

MILCH: Through the general announcements in 1933 that concentration camps, or rather that one concentration camp had been established.

DR. KAUFFMANN: Did you, during the years which followed, receive more detailed information concerning further establishments of this kind?

MILCH: Until the war ended I had heard of Dachau and Oranienburg only. I knew nothing at all about any other concentration camps. At my own request and in the company of some high-ranking officers of the Luftwaffe, I inspected Dachau in 1935. I saw no other concentration camps, nor did I know anything about what happened in them.

DR. KAUFFMANN: During your inspection, what impression did you get of the establishment itself and the treatment of the internees, _et cetera_?

MILCH: At that time there was so much talk about these camps, also in Germany in our officers’ circles, that I decided to judge for myself. Himmler gave his immediate consent to my request. At that time, I believe, Dachau was the only concentration camp in existence. There I found a very mixed assortment of inmates. One group consisted of major criminals, all habitual offenders; other groups consisted of people who repeatedly committed the same offense which were not crimes, but only offenses. There was another group of persons who had participated in the Röhm Putsch. One of the men I recognized as having seen before. He had been a high-ranking SA leader and was now an internee. The camp, run on military lines, was clean and properly organized. They had their own slaughterhouse and their own bakery. We insisted on having the food of the internees served to us. The food was good and one of the camp leaders explained that they fed the inmates very well as they were engaged on heavy work. All the inmates whom we approached explained the reason for their internment. For instance, one man told us that he had committed forgery 20 times; another, that he had committed assault and other offenses 18 times. There were many cases of this kind. I cannot, of course, say if we were shown everything in this large establishment.

DR. KAUFFMANN: You have just mentioned that the question had been discussed in military circles, among the officers. Later, when you returned, did you convey your impressions of Dachau to anyone?

MILCH: I scarcely mentioned them to anybody, only if my more intimate comrades broached the subject. As I have said before, I did not go alone; there were several other gentlemen with me and, no doubt, they too must have had occasion to discuss this subject in smaller circles.

DR. KAUFFMANN: Unheard of acts of cruelty were perpetrated in the concentration camps. Did you come to hear of them and, if so, when did you first hear of them?

MILCH: On the day on which I was captured it was revealed to me for the first time when internees from an auxiliary camp in the vicinity were led past the place where I was captured. This was the first time I saw it for myself. The rest I learned in captivity from the various documents which we were shown.

DR. KAUFFMANN: Then it was completely unknown to you that more than 200 concentration camps existed in Germany and in the occupied territories.

MILCH: It was completely unknown to me. I have already mentioned the two camps whose existence was known to me.

DR. KAUFFMANN: It could be held against you that it must have been impossible not to know of these facts. Can you explain to us why it was not possible for you to obtain better information regarding existing conditions?

MILCH: Because the people who knew about these conditions did not talk about them, and presumably were not allowed to talk about them. I understand this to be so from a document in the Indictment against the General Staff, in which Himmler—also erroneously considered as one of the high-ranking military leaders—had issued an order to this effect. This document dealt with some conference or other of high-ranking police leaders under Himmler, in 1943, I believe.

DR. KAUFFMANN: Am I right in saying that any attempt to disclose conditions prevalent in the concentration camps was impossible unless the person in question was ready to risk his life?

MILCH: In the first place the large number of concentration camps was unknown to everybody, as it was unknown to me. Secondly, nobody knew what went on there. This knowledge was apparently confined to a very small circle of people who were in [on] the secret. Further, the SD was very much feared by the entire population, not only by the lower classes. If anybody tried to gain access to these secrets he did so at the peril of his life. And again, how could the Germans know anything about these things, since they never saw them or heard about them? Nothing was said about them in the German press, no announcements were made on the German radio, and those who listened to foreign broadcasts exposed themselves to the heaviest penalties, generally it meant death. You could never be alone. You could depend upon it that if you yourself contravened that law, others would overhear and then denounce you. I know that in Germany a large number of people were condemned to death for listening to foreign broadcasts.

DR. KAUFFMANN: Did it ever come to your knowledge that there had been mass deportations of Jews to the Eastern territories? When did you first hear about it?

MILCH: I cannot give the exact date. Once, in some way or other, I can no longer remember how, the information did reach me that Jews had been settled in special ghetto towns in the East. I think it must have been in 1944 or thereabout, but I cannot guarantee that this date is exact.

DR. KAUFFMANN: You have just mentioned ghettos. Did you know that these mass deportations were, in effect, a preliminary step to mass extermination?

MILCH: No, we were never told.

DR. KAUFFMANN: May I ask you further if, in this connection, you had any idea about the existence of the Auschwitz extermination camp?

MILCH: No. I first heard of the name much later. I read it in the press after I was captured.

DR. KAUFFMANN: So-called Einsatzkommandos were employed in the East, where they carried out large-scale exterminations, also of Jews. Did you know that these Einsatzkommandos had been created by order of Adolf Hitler?

MILCH: No. The first I heard of these Einsatzkommandos was here in prison in Nuremberg.

DR. KAUFFMANN: Did you know that a special campaign was launched for the extermination of Jewish citizens in the southeastern provinces of the Reich, which, according to the statement of the leader concerned, named Eichmann, caused the death of from 4 to 5 million Jews?

MILCH: No, I know nothing at all about it. This is the first time I have heard the name Eichmann mentioned.

DR. KAUFFMANN: Am I correct in stating that in Germany, under the regime of an absolute leader, any opposition to a supreme order would most probably have meant death?

MILCH: That has been proved in many hundreds of cases.

DR. KAUFFMANN: Am I also correct in stating that the peril would have been equally deadly even if the order had been opposed on legal and moral grounds?

MILCH: I believe that here, too, one would have had to be prepared to pay the penalty, and not only one’s own, but the family’s as well.

DR. KAUFFMANN: Thank you. I have no more questions to ask.

DR. WALTER SIEMERS (Counsel for Defendant Raeder): Witness, I have only a short question to ask you. You told us, on Saturday or on Friday, that in 1937 you had discussions with an English mission. This mission was headed by Air Vice Marshal Courtney. I should like to know from you if, in the course of these discussions, it was agreed that the competent German and British authorities should exchange information concerning the establishment plans for their respective Air Forces?

MILCH: Your surmise is correct.

DR. SIEMERS: How was the agreement made?

MILCH: The agreement was drawn up in writing.

DR. SIEMERS: Had the British and German Air Forces establishment plans for each year?

MILCH: No. The plans covered several years.

DR. SIEMERS: How many years ahead were covered by the 1937 plan?

MILCH: I cannot tell you from memory. At that time it may possibly have covered 2 or 3 years.

DR. SIEMERS: That would have been from 1938 till 1940?

MILCH: Possibly 1937, 1938, 1939, 1940. I cannot say for certain. I have forgotten.

DR. SIEMERS: Had this plan a technical name? Was it called “Establishment Plan,” or did it have some other name?

MILCH: I cannot remember now. We generally referred to it as the projected establishment plan.

DR. SIEMERS: On the English side, were the plans also drawn up to cover a definite period—say 3 years?

MILCH: I believe the periods covered were very much the same. The system was more or less the same.

DR. SIEMERS: I thank you very much.

THE PRESIDENT: Does the Prosecution now wish to cross-examine? Mr. Justice Jackson, I am sorry to have called you up. Perhaps it would be convenient to adjourn for 10 minutes now.

[_A recess was taken._]

MR. JUSTICE JACKSON: Witness, you are a prisoner of war of the United States at the present time?

MILCH: No, I am not a prisoner of war of the United States. I was an English prisoner of war, and since I have been here I have been declared an internee. I do not know what that means. At any rate, it is not correct to apply it to a prisoner-of-war officer taken by the enemy during action before the end of hostilities.

MR. JUSTICE JACKSON: You have been allowed to confer with counsel both while this Trial was in progress and . . .

MILCH: I have been able to confer with some of the Counsel for the Defense, not with all of them. I assume that the other Defense Counsel did not desire it.

MR. JUSTICE JACKSON: Now, you will save a great deal of time if you will answer my questions as briefly as possible and with “yes” or “no” where possible. You have been allowed to prepare, keep, and bring to the Court notes after your consultations with counsel?

MILCH: The notes which I had with me were made by me before I conferred with defendants’ counsel.

MR. JUSTICE JACKSON: You have made none of the notes since your consultations with counsel?

MILCH: I made one note for myself about one consultation. It was merely about a date which had been mentioned to me and which otherwise I could not have remembered.

MR. JUSTICE JACKSON: And you occupied a very high position in the German Air Force?

MILCH: I was Inspector General.

MR. JUSTICE JACKSON: You frequently attended conferences on behalf of Göring?

MILCH: On behalf of Göring, very rarely.

MR. JUSTICE JACKSON: You deny that you attended conferences on behalf of Göring frequently?

MILCH: No. I do not deny it at all, but I was called upon to attend some of these conferences by virtue of my own office. I rarely had occasion to represent Göring as he usually attended these conferences himself.

MR. JUSTICE JACKSON: You had a very large part in building up the Luftwaffe, did you not?

MILCH: Yes.

MR. JUSTICE JACKSON: And you were honored for that, were you not, in 1941, by the Hitler regime?

MILCH: 1941—no; I believe, Mr. Justice Jackson, you mean 1940.

MR. JUSTICE JACKSON: 1940—well, perhaps I am wrong.

MILCH: You mean the promotion to Field Marshal, don’t you?

MR. JUSTICE JACKSON: When was your promotion to Field Marshal?

MILCH: On 19 July 1940.

MR. JUSTICE JACKSON: And did you not receive a gift from the Hitler regime in recognition of your services?

MILCH: In 1942, on the occasion of my fiftieth birthday, I received a recognition.

MR. JUSTICE JACKSON: And the recognition was in the form of cash, wasn’t it?

MILCH: Yes, it was a cash recognition, with which I could buy myself an estate.

MR. JUSTICE JACKSON: And what did it consist of?

MILCH: The sum amounted to 250,000 marks.

MR. JUSTICE JACKSON: And now you come here to testify, as I understand your testimony, that the regime of which you were a part put Germany into a war for which it was in no way prepared. Do I understand you correctly?

MILCH: It is correct insofar as Germany in 1939 entered into a war for which she was not prepared as far as the Air Force was concerned.

MR. JUSTICE JACKSON: Did the head of the Air Force ever give any warning of that fact to the German people?

MILCH: That I am unable to say. I do not believe he could do that.

MR. JUSTICE JACKSON: You do not know that he ever did do it, do you?

MILCH: I cannot remember that he ever gave such a warning to the people publicly. I assume that the warning was given to his superior military officer.

MR. JUSTICE JACKSON: And what officer would be above him?

MILCH: That would be the Führer, Adolf Hitler.

MR. JUSTICE JACKSON: The Führer, yes.

MILCH: As a soldier, the Reich Marshal could not address himself to the public.

MR. JUSTICE JACKSON: Now, can you point to any time at any meeting of the High Command, or at any other meeting that the Führer called, when Reich Marshal Göring, in the presence of any of these people, raised the question that Germany was not prepared for war?

MILCH: I cannot remember such a conference, because such conferences were held only between the two people concerned. The Reich Marshal never strongly opposed the Führer in public, or before any large group of his officers, because Hitler would not have tolerated such opposition.

MR. JUSTICE JACKSON: Do you know of any occasion when any one of the defendants in the box ever took a public position against going to war?

MILCH: Publicly, no; I cannot remember any occasion. But I rather think that also to the gentlemen who now stand accused the whole question of the war came as a great surprise.

MR. JUSTICE JACKSON: You would like to believe that?

MILCH: I do believe it, yes.

MR. JUSTICE JACKSON: You do believe it. How long did it take the German Armed Forces to conquer Poland?

MILCH: To conquer Poland—18 days, I believe.

MR. JUSTICE JACKSON: Eighteen days. How long did it take to drive England off the Continent, including the disaster of Dunkirk?

MILCH: I believe 6 weeks.

MR. JUSTICE JACKSON: How long did it take to overrun Holland and Belgium?

MILCH: A few days.

MR. JUSTICE JACKSON: How long did it take to overrun France and take Paris?

MILCH: Two months in all.

MR. JUSTICE JACKSON: And how long did it take to overrun Denmark and take possession of Norway?

MILCH: Also a short time. Denmark took a very short time, because Denmark gave in immediately, and Norway gave in in a few weeks.

MR. JUSTICE JACKSON: And you testify, and you want this Tribunal to understand you, as an officer, as saying that there was no preparation known to the officers in advance of those movements? Is that your testimony as an officer?

MILCH: Pardon me, I did not understand you just now.

MR. JUSTICE JACKSON: You testified that those were all surprise movements to the officers of the Luftwaffe. You were surprised at every one of them, you said.

MILCH: I said, surprised by the outbreak of war, because at first it was a question of Poland only. The other actions came very much later and there was more time to prepare for this war.

MR. JUSTICE JACKSON: Well now, relative to Poland, you do not deny that Germany was well prepared for a war with Poland, or do you?

MILCH: The might of Germany, as compared with Poland, was powerful enough. What I meant to imply when speaking of preparedness for war in my testimony, was a degree of preparedness for entering a world war. For that Germany was not prepared in 1939.

MR. JUSTICE JACKSON: But she was prepared for the campaign that she initiated, was she not?

MILCH: I would not say that; I would say that of course she had armaments, in the same way as every other nation with armed forces. Our armed forces were made ready against Poland and, to our own surprise, proved sufficiently powerful to crush Poland in a very short time.

MR. JUSTICE JACKSON: Would you question or deny that, relative to the other powers on the Continent of Europe, Germany was the best prepared for war on the first day of September 1939?

MILCH: I believe that, taking it all round, the British Air Force at that time was stronger than the German.

MR. JUSTICE JACKSON: I asked you in reference to the Continental powers. Do you question that Germany was far better prepared for war than any of her immediate neighbors?

MILCH: I am convinced that France and Poland, according to their respective strength, were just as well prepared for war as Germany. They had the advantage of a longer time in which to arm, whereas Germany could only begin to arm 5 years before the outbreak of the war.

MR. JUSTICE JACKSON: When did you first meet Hermann Göring?

MILCH: I believe in the year 1928.

MR. JUSTICE JACKSON: What was he then? What position did he hold?

MILCH: He was then a member of the Reichstag.

MR. JUSTICE JACKSON: And what were you doing? What was your business?

MILCH: I was then Director of the German Lufthansa, a civil aviation concern.

MR. JUSTICE JACKSON: Did you have some discussions with Hermann Göring at about that time as to the use of an Air Force if the Nazi Party came to power?

MILCH: At that very early time, no.

MR. JUSTICE JACKSON: When did you first discuss that with Göring?

MILCH: I believe Göring spoke to me on this subject in 1932, when a plan was formed to take over the government in 1932. It was believed already at that time that the other parties would form a government together with the National Socialists. On that occasion, I think, Göring did speak of the possibility of Germany being freed from armament restrictions, given a government at the helm which included the National Socialists.

MR. JUSTICE JACKSON: Following that you became a member of the Nazi Party, did you not?

MILCH: I joined the Party only after 1933. When I again became an officer my membership lapsed.

MR. JUSTICE JACKSON: You waited until after they had seized the power?

MILCH: Yes.

MR. JUSTICE JACKSON: Do you recall a conversation that you had with Hermann Göring on the 28th of January 1933?

MILCH: Yes.

MR. JUSTICE JACKSON: And where did that take place?

MILCH: In my own residence.

MR. JUSTICE JACKSON: Did he call upon you?

MILCH: I had guests in my house that evening, and he suddenly arrived because he wanted to talk to me very urgently.

MR. JUSTICE JACKSON: And will you relate to the Tribunal the conversation that you had with Göring at that time?

MILCH: He told me that an agreement had now been reached with the other parties in question for the formation of a coalition government with the National Socialists. Reich President Von Hindenburg had agreed to the appointment of Adolf Hitler as Chancellor in this government.

He asked me whether I would be ready to offer my collaboration in an Air Ministry to be set up. I proposed two other persons instead of myself, explaining that I did not wish to leave the Lufthansa. Göring rejected them and insisted that I place myself at his disposal.

MR. JUSTICE JACKSON: Did you agree to do so?

MILCH: I asked for his permission to think the matter over, and I made my consent dependent on whether Hitler would insist.

MR. JUSTICE JACKSON: Well, what did Hitler do?

MILCH: I accepted on the 30th, after Hitler had told me once again that he considered my technical knowledge and ability in the field of aviation to be indispensable.

MR. JUSTICE JACKSON: So, on the day that the Nazi Party came to power, you took over the task of building a Nazi air force, did you not?

MILCH: No, not an air force. The immediate problem was the linking up of all the various branches of aviation which existed at that time. For instance, there was one civil aviation transport company, or there might have been two. There were the aviation industries, the training schools for civilian pilots, the meteorological service, and I believe there were several research institutes. That, I think, covers the entire field of aviation of that time—but it had nothing to do with an air force.

MR. JUSTICE JACKSON: Perhaps, I will say, you took over the task of making Germany predominant in the air?

MILCH: No, I cannot agree with that.

MR. JUSTICE JACKSON: Put it in your own way. Tell us what you did; what your object was in taking over this new task.

MILCH: My first task was to develop the various branches in order to build up a large air transport system.

MR. JUSTICE JACKSON: You then made visits to France and England, and on your return reported to Hitler personally, did you not?

MILCH: Yes.

MR. JUSTICE JACKSON: When you returned from England, did you warn Hitler against the activities of Ribbentrop?

MILCH: Yes.

MR. JUSTICE JACKSON: What did you tell Hitler about the activities of Ribbentrop in England?

MILCH: That I had gained the impression in England that Von Ribbentrop was not _persona grata_.

MR. JUSTICE JACKSON: Now, when you were interrogated before, didn’t you state after your capture that you told Hitler that if he did not get rid of Ribbentrop soon he was going to have trouble with England? Is that not what you told Hitler in substance?

MILCH: I cannot now remember the exact words.

MR. JUSTICE JACKSON: But is that not the sense of it?

MILCH: I was of the opinion that another man should be sent to England to bring about mutual understanding as to policy, in accordance with the wish so often expressed by Hitler.

MR. JUSTICE JACKSON: Before you talked with Hitler about that, you had discussed it with Göring, had you not?

MILCH: With whom?

MR. JUSTICE JACKSON: Göring.

MILCH: About the journey? Or about what?

MR. JUSTICE JACKSON: About Ribbentrop.

MILCH: No, I did not discuss him with the Reich Marshal.

MR. JUSTICE JACKSON: There came a time when some engineers were sent to Russia, were they not, to inspect the air construction there, factories, facilities, and that sort of thing?

MILCH: Yes, that is correct.

MR. JUSTICE JACKSON: This was a group of engineers, and you had something to do with sending them there, did you not?

MILCH: No, I had nothing to do with that group. At that time technical research was not under my control.

MR. JUSTICE JACKSON: Under whose orders were they?

MILCH: Under General Udet, who, in turn, was under the Reich Marshal.

MR. JUSTICE JACKSON: And when they came back, you learned that they had reported that Russia had greater capacity for building airplane engines than all six of the German factories, did you not?

MILCH: Yes, that is correct.

MR. JUSTICE JACKSON: What order did Göring give about that information being made available even to the Führer?

MILCH: Göring did not believe the information at that time. I know that from the words of General Udet.

MR. JUSTICE JACKSON: Is it not a fact that you stated to the interrogators before that Göring called these experts defeatists, forbade them to repeat that information to anybody, and threatened them with the concentration camp if they repeated that information? Did you say that or didn’t you?

MILCH: I never said it in that form.

MR. JUSTICE JACKSON: Well, use your own words and tell us just what Göring said on that subject.

MILCH: At a considerably later date, when the question of American armament figures came up, the Reich Marshal said to me, “Now, you too are going to turn defeatist and believe these large figures.” I told him then that I did indeed believe these figures; but that had nothing to do with the Russian matter.

MR. JUSTICE JACKSON: Were those Russian figures ever reported to Hitler, to the Reichstag or in any way made public to the German people?

MILCH: The Russian figures? That I cannot say. I had nothing to do with the matter. The American figures were undoubtedly submitted to Hitler, but Hitler did not believe them.

MR. JUSTICE JACKSON: You testified on Friday, I believe, that you knew that the commencement of the war with Russia would mean the annihilation of Germany. I remind you of that, and that is correct, is it not?

MILCH: Not the destruction—the defeat. I think I said annihilation or defeat.

MR. JUSTICE JACKSON: You went to Reich Marshal Göring to protest against the entrance into the Russian war, is that right?

MILCH: Yes.

MR. JUSTICE JACKSON: And did Göring agree with you that it would end in the defeat of Germany?

MILCH: No, he did not agree. He had to be extremely cautious in his statements in deference to his relations with Hitler. I told him the cause for Germany’s difficulties and he nodded. His words gave me the impression that he had already put the same arguments to Hitler, and that he had been unsuccessful.

MR. JUSTICE JACKSON: In other words, he agreed with you that it would end with the defeat of Germany, but did not want it said to Hitler, is that right?

MILCH: No, I would not go as far as that. When I said that this meant the defeat of Germany, I was voicing the conclusion reached by me. He merely agreed that this war should be avoided at all costs and that it would prove a misfortune for Germany. That was the way he put it; he did not use the word “defeat” in this connection.

MR. JUSTICE JACKSON: Was it mentioned by you?

MILCH: I mentioned that to open a second front against so strong an enemy would mean the defeat of Germany.

MR. JUSTICE JACKSON: And did he disagree with you about that? Did he take issue with you about that?

MILCH: No, he did not argue about it, he only declared himself opposed to taking on anything else, as he considered it impossible to do so; what we thought would not make the slightest difference and it would only give Hitler the impression that we in the Luftwaffe were defeatists.

MR. JUSTICE JACKSON: And you did not attempt any further to convey the information, from which you thought Germany would be defeated if she entered into war with Russia, to Hitler or to any other officer of the High Command?

MILCH: It was impossible for me to do so. I could not act against the order of my superior officer.

MR. JUSTICE JACKSON: Of the Reich Marshal?

MILCH: Yes, of the Reich Marshal.

MR. JUSTICE JACKSON: And, so far as you know, after his talk with you he never conveyed the information to Hitler that it was your opinion that the war would end in disaster?

MILCH: I had the impression that he had previously discussed the subject with Hitler but without any degree of success, because with Hitler that was impossible.

MR. JUSTICE JACKSON: Well, but you had been abroad for Hitler and reported to him and he apparently had confidence in you, and I am asking you if Hermann Göring ever reported to Hitler that you, from your information, felt that it was a disaster to go into that war?

MILCH: My trips were not made at Hitler’s order. They were made in response to invitations from foreign governments to the Luftwaffe and at the order of the Reich Marshal. It was only because I was aware of the importance of these trips and because I incidentally heard political statements—in spite of my reluctance at the time, since they did not concern me as a soldier—that I thought it my duty to report personally to Hitler.

MR. JUSTICE JACKSON: Did Göring direct you to do that?

MILCH: To go to Hitler? Yes, Göring told Hitler about it and Hitler ordered me to report to him. I myself did not say, “I am now going to see Hitler,” but I received an order to that effect from Hitler himself.

MR. JUSTICE JACKSON: And he did not send you to Hitler until he knew what you were going to report?

MILCH: No, he himself had . . .

MR. JUSTICE JACKSON: So he did know?

MILCH: He himself had no cognizance of the subject. He had no time to receive me.

MR. JUSTICE JACKSON: Göring had no time to receive you?

MILCH: No. Göring at that time had many other matters on hand and he did not want to hear about these things.

MR. JUSTICE JACKSON: So he left that to Hitler, who was not busy, I take it. Is that true?

MILCH: Hitler was interested in the matter.

MR. JUSTICE JACKSON: I think you told us in interrogations that Göring was not very industrious. Is that correct?

MILCH: I should be very reluctant to answer that question.

MR. JUSTICE JACKSON: Very well, I withdraw it. It was not a kindly question to begin with. When you found that Germany was going into a war which you, an informed officer, considered a disaster, did you resign?

MILCH: Resign? What from?

MR. JUSTICE JACKSON: Resign your commission as an officer or take any other steps to protest?

MILCH: No, that was absolutely impossible. There was an order which ruled it impossible.

MR. JUSTICE JACKSON: And who gave that order?

MILCH: Hitler himself.

MR, JUSTICE JACKSON: Now, you said you had experienced this yourself.

MILCH: Not only in my own case. The order applied generally.

MR. JUSTICE JACKSON: You said on Friday that you experienced it yourself, that you could not resign.

MILCH: No; one could not resign.

MR. JUSTICE JACKSON: Did you try it at any time?

MILCH: I frequently applied for my discharge in peacetime. My resignation, however, was not accepted, the reason given being that I had no right to ask for it, but that I would be told by higher authorities when I had to go. During the war I never applied for my discharge, because as a soldier in wartime I could not apply for it.

MR. JUSTICE JACKSON: Did you not have some talk with Göring at one time about retiring from your position, in which he not only forbade you to leave, but also told you there would be no use in feigning ill health?

MILCH: Yes. There was no possibility of giving this as the reason unless one was really ill. When retiring from a high position it had been customary in the past to plead ill health. Now this was no longer possible.

MR. JUSTICE JACKSON: And he did suggest to you in that discussion one way out, did he not?

MILCH: No, he did not suggest a way out, but I did.

MR. JUSTICE JACKSON: What did you suggest? What talk did you have about suicide? Did Göring tell you that the only way you could get out was to commit suicide?

MILCH: That would have been the only possible way out.

MR. JUSTICE JACKSON: Well, did Göring tell you that?

MILCH: No, I said that; not he.

MR. JUSTICE JACKSON: And he did not disagree with you, I take it.

MILCH: No. He did not care if I did or not.

MR. JUSTICE JACKSON: Now, you have the regulations with you, which you say were printed for the information of every soldier, about international law and regulations. You have them with you this morning?

MILCH: I have them with me; the regulations are contained in my service book, the same as for every soldier.

MR. JUSTICE JACKSON: You gave us a little information about that, but I would like you to get that out and give us exactly the text of those instructions or regulations, which you say reflect international law as you understood it.

MILCH: Do you want me to read it out now? The quotation . . .

MR. JUSTICE JACKSON: Not too fast.

MILCH: No.

“Ten Commandments for the Conduct of the German Soldier in War.

“1. The German soldier fights chivalrously for the victory of
his people. Cruelty and needless destruction are unworthy of
him.

“2. The fighter must wear a uniform, or else he must be provided
with insignia visible from a good distance. Fighting in civilian
clothes without such insignia is prohibited.

“3. No enemy once he has surrendered shall be killed, not even a
partisan or a spy. The courts will administer the just
punishment.

“4. Prisoners of war must not be maltreated or insulted.
Weapons, plans and notes are to be taken from them. Apart from
these, none of their possessions may be taken from them.

“5. Dum-dum bullets are prohibited. Bullets may not be
transformed into dum-dum bullets.

“6. The Red Cross is inviolable. Wounded enemies must be treated
humanely. Medical orderlies and chaplains must not be hindered
in the performance of their medical and spiritual functions.

“7. The civilian population is inviolable. The soldier must not
plunder or wantonly destroy. Historical monuments and buildings
dedicated to religious service, art, science, or charity must be
treated with special care. Personal services and services in
kind shall only be required of the civilian population against
compensation, and if ordered by the superior officer.

“8. Neutral territory must not be militarily involved by
trespassing, by planes flying over it, or by gunfire.

“9. If a German soldier is captured, he must state his name and
rank when questioned. Under no circumstances may he say to what
unit he belongs, or speak about military, political, or economic
conditions on the German side, neither may he allow himself to
be induced to do so by threats or promises.

“10. Any contravention of these orders while on active service
is punishable. Breaches by the enemy of the rules listed under 1
to 8 are to be reported. Reprisals are permissible only by order
of the higher commanders.”

MR. JUSTICE JACKSON: Now that, as you understand it, is the military law conforming with international law, which was promulgated for the governance of the troops in the field?

MILCH: Yes.

MR. JUSTICE JACKSON: And you understood, and it was generally understood in the German Army, that that was international law, was it not?

MILCH: Every soldier could not help knowing that these were the German regulations because they were pasted on the first sheet of the pay book, issued to every soldier, and which he had to carry on him. The common soldier, of course, did not know that they represented international law.

MR. JUSTICE JACKSON: The higher commanders, like yourself did, didn’t they?

MILCH: Yes.

MR. JUSTICE JACKSON: That represented your understanding and interpretation of your duties and obligations as honorable men in combat?

MILCH: Yes.

MR. JUSTICE JACKSON: Now, did you participate in the activities of Hermann Göring in collecting the art treasures of France and other occupied territories?

MILCH: No.

MR. JUSTICE JACKSON: Did you participate in the removal of the civilian population for forced labor?

MILCH: No.

MR. JUSTICE JACKSON: You know that was done, do you not?

MILCH: I did not know that the workers who came from foreign countries had been deported; we were told that they had been recruited on a voluntary basis. In the case of France, I know that up to a certain date the French had wanted to come, but after that date they no longer wanted to come, and that the French Government itself had issued directives to deal with this.

MR. JUSTICE JACKSON: Aside from that, then, you did not know anything about involuntary or forced labor in Germany? Is that your testimony?

MILCH: No. I only knew that . . .

MR. JUSTICE JACKSON: Tell us what you did know about it and what you did about it.

MILCH: I knew that those people had been recruited and that they had come voluntarily. I knew that many of them were very satisfied, but as time went on and the German military situation deteriorated, discontent began to set in among these foreign workers, although, according to the information which reached my ears, only a small group was affected. I would add that in a general way, we ascribed this ill feeling to the fact that the food for these people was not everything they could wish; consequently, sundry organizations, with Speer’s ministry at the head, made efforts to improve their living conditions.

MR. JUSTICE JACKSON: You have not yet answered my question. Did you know that forced labor was being brought from occupied territories and compelled to work in German industry? Did you know it? Answer that “yes” or “no.”

MILCH: I knew that only in the end Frenchmen were forced by their own French Government to come.

MR. JUSTICE JACKSON: Did you know that prisoners of war were forced to work in the airplane industry, and were actually forced to man guns? Did you know that?

MILCH: I did hear about it.

MR. JUSTICE JACKSON: And you heard about it from your fellow officers, did you not?

MILCH: At the moment I cannot say from whom I heard it. I believe there was a group which I think was called “Volunteers.” As far as I know it was recruited on a voluntary basis from among those prisoners of war.

MR. JUSTICE JACKSON: And did you learn about—even if you did not participate in it—the plan for the collection of art treasures from the occupied countries?

MILCH: No. I knew nothing of this plan as it then existed. I first heard about it here in Nuremberg through some of the witnesses.

MR. JUSTICE JACKSON: Now I want to ask you some questions about certain exhibits; I refer to Document Number 343-PS, Exhibit USA-463. I will ask to have that exhibit shown to you.

[_Document 343-PS was submitted to the witness._]

MILCH: These letters are signed by me and they are also written on my stationery. They must have been drafted by the Medical Inspection department. As I said a few days ago, I no longer remember the contents. I should only like to say that the answers were drafted in such a way as not to lead us, the Air Force, into any difficulties with Herr Himmler. For instance, I never read the statements made by Dr. Rascher and Dr. Romberg. They were read by the Medical Inspectorate. In this connection I acted, so to speak, as postman between the SS and our Medical Inspection department.

MR. JUSTICE JACKSON: When you testified, on interrogation, you had no recollection of these letters; but on Friday you testified that you made some alterations in one of them before it went out. Do you want to tell us what that alteration was?

MILCH: Yes, some of these letters were submitted to me during my interrogation and it was then that I first remembered it. The changes which I made were merely a matter of courtesy in style, in view of Herr Himmler’s extreme susceptibility. I do not think that either of these two letters contains the alteration; that, I believe, was in another letter.

MR. JUSTICE JACKSON: It was the other letter in which there was a change, Number 1607?

MILCH: I believe so, yes.

MR. JUSTICE JACKSON: Now, in your examination, your interrogation, you gave a reason why these were brought to you for signature instead of being signed by the bureau chiefs. Do you remember what that reason was?

MILCH: Yes. I had the impression that the Medical Inspector did not wish to address his refusal to Himmler because he was afraid; whereas Himmler had written to me because he always wrote only either to the Reich Marshal or to me, as he was unacquainted with the organization of the Luftwaffe in this particular sphere, for the Medical Inspector was not subordinate to me.

MR. JUSTICE JACKSON: Well, I understand from your interrogation that you gave as the reason why these letters were brought to you for signature, that your office was in fear of Himmler and did not want to take the responsibility of writing a letter to him, is that right?

MILCH: Not my office, but I think the Medical Inspection department did not wish to place themselves in an awkward position as concerns Himmler.

MR. JUSTICE JACKSON: And I think you also said that the officials of that department were afraid of the SS.

MILCH: That is what I wished to express.

MR. JUSTICE JACKSON: Were they engaged in any illegal conduct or any activity against the government?

MILCH: I did not understand that.

MR. JUSTICE JACKSON: Were those people who were afraid . . .

MILCH: Who? The Medical Inspection department? No.

MR. JUSTICE JACKSON: They were responsible officials doing their duty, as far as you know, is that right?

MILCH: Yes, Mr. Justice; but one must bear in mind the things which had come to pass during the war.

MR. JUSTICE JACKSON: That is exactly what I want you to think about and tell about. Why were these people, who were performing their duties in a government office, afraid of Himmler or afraid of the SS? Explain that situation to us.

MILCH: Not afraid of the SS as such, but of the secret police. It was not easy for any of us. We were all convinced that we were being constantly watched, no matter how high our rank. There was probably not a single person concerning whom a dossier was not kept, and many people were subsequently brought to trial as a result of these records. The ensuing difficulties did not affect only these people or other people or me personally; they included everybody right up to the Reich Marshal, who also was affected by them.

MR. JUSTICE JACKSON: So you mean that from the Reich Marshal right down to the humblest citizen, there was fear of Heinrich Himmler and his organization?

MILCH: Well, the degree of fear may have varied. It was perhaps not so great among those in the highest and in the lowest positions. But things were far more difficult in the intermediate grades, since it was quite clear that the intermediate grades criticized everything that occurred and these criticisms were not tolerated by the authorities at the top.

MR. JUSTICE JACKSON: I take it, from your testimony, that the reputation of the Gestapo was pretty well understood in Germany.

MILCH: Particularly so in the later war years. I could not say how far this feeling was justified, but at all events the feeling was there.

MR. JUSTICE JACKSON: Now, I think you also testified that some high military authorities did resign. I call your attention to your testimony in your interrogation by us about Von Fritsch and Beck. They resigned, didn’t they?

MILCH: No, they did not resign. They were removed.

MR. JUSTICE JACKSON: They were thrown out, is that it?

MILCH: Yes. They were told they were no longer needed.

MR. JUSTICE JACKSON: I understood you to testify in your interrogation that even the generals did not dare utter an opinion after those two left.

MILCH: No, I never put it like that. I cannot remember what I said. I should be grateful if I could see the minutes.

MR. JUSTICE JACKSON: Well, I have them. I will ask you if you were not asked these questions and gave these answers:

“Question: From your knowledge of discussions in army circles
among the Air Force and the General Staff people whom you knew,
could you form any opinion as to their attitude for the
beginning of war? Would they share your view?”

The minutes show that you answered:

“All officers agreed with me unanimously. All the higher
officers agreed with me. A long time ago, in 1937, I talked to
Field Marshal Von Blomberg about the danger of a war because of
the careless policy of our statesmen. At that time we feared
that England or France would not tolerate that policy in the
long run. On the 1st of November 1937, I had a long discussion
with Von Blomberg about this matter, and he was of the same
opinion.”

MILCH: Yes, I remember.

MR. JUSTICE JACKSON: That is true? You were then asked this question:

“Is it true that after General Fritsch and General Beck left
their offices, the positions in the Army were subordinated to
the political personalities?”

MILCH: No, they had always been subordinate. The Army was always changed in this respect. The head of the State was at the same time the Supreme Commander.

MR. JUSTICE JACKSON: At the time you were interrogated, your answer was this:

“Yes, because Hitler took over personally the Supreme Command of
the Army, the Navy, and the Air Force. That was the position
that was held by Von Blomberg before. Blomberg was in a position
to resist Hitler, and he had done so very often, and Hitler
respected him and listened to his advice. Blomberg was the only
elderly soldier who was clever enough to reconcile military and
political questions. This resistance . . .”

MILCH: Yes, that was my conviction.

MR. JUSTICE JACKSON: [_Continuing._] “. . .This resistance could
not be kept up by the men around Hitler later on. They were too
weak for that. That is probably why he chose them.”

Is that true?

MILCH: That is my opinion.

MR. JUSTICE JACKSON: [_Continuing._] “Question: Did the generals
with whom you associated not feel, even before 1939, that the
course of action which was being taken by Hitler would be likely
to result in a war?

“Answer: Those who were able to think in foreign political
terms, yes; but they had to be very cautious about it, because
they could not utter any opinion; they dared not utter any
opinion.”

Is that right?

MILCH: Correct.

MR. JUSTICE JACKSON: And of what were the high generals in command of the Army afraid, that they did not utter an opinion?

MILCH: The generals would not have had a chance to report anything to Hitler.

MR. JUSTICE JACKSON: Who would have done anything about it? There were many generals and only one Hitler. Who was going to carry out any orders against them?

MILCH: It was just not possible. Hitler was so powerful that he just turned down other people’s objections or else refused to listen to them at all.

MR. JUSTICE JACKSON: And Hitler had the SS, didn’t he, and Himmler and Kaltenbrunner?

MILCH: Yes, he had them as well. In addition he had the entire Wehrmacht who had sworn an oath of allegiance to him.

MR. JUSTICE JACKSON: I think you said in your interrogation that after the 5th of March 1943, Hitler was no longer normal. Did you make that statement?

MILCH: I said that, in my opinion, the Hitler of the later years was not the Hitler of the early period from 1933 until the outbreak of war, and that after the campaign against France a change came over him. I formed this opinion, which was a purely private one, because what he did afterwards was diametrically opposed to what he had previously taught; and that I could not consider normal.

MR. JUSTICE JACKSON: And you want us to understand that Göring continued to act as second man in the Reich and to take the orders from an abnormal man from that period on? Is that your story?

MILCH: The abnormality was not such that one could say, “this man is out of his senses,” or, “this man is insane”; it would not have to reach that stage. It often happens that abnormalities are such that they escape both the public and the nearest associates. I believe that a doctor would be better able to give information on that subject. I talked to medical men about it at the time.

MR. JUSTICE JACKSON: And it was their opinion that he was abnormal?

MILCH: That there was a possibility of abnormality was admitted by a doctor whom I knew well, personally.

MR. JUSTICE JACKSON: A doctor of repute in Germany?

MILCH: No, he is not very well known. He never told anybody else. It would not have been wise to do so.

MR. JUSTICE JACKSON: If he had, he would have been put in a concentration camp, I suppose?

MILCH: Or worse.

MR. JUSTICE JACKSON: And if you had expressed your opinion that he was abnormal, you probably would have been put there also, would you not?

MILCH: I would have been shot immediately.

MR. JUSTICE JACKSON; So you never dared to tell your superior, Göring, your opinion about Hitler?

MILCH: I only once had an opportunity of stating my views about the war to Hitler. That was the only time.

MR. JUSTICE JACKSON: You informed Göring of your opinion?

MILCH: I talked to Göring. What I have just mentioned was a conversation I had with Hitler.

MR. JUSTICE JACKSON: Well, you do not—I think you misunderstood me—you do not mean that you informed Hitler that you considered him abnormal; I am sure you do not mean that.

MILCH: No, I did not tell Göring that either.

MR. JUSTICE JACKSON: That is what I said. You knew, did you not, that Göring, who was your immediate superior, was issuing the anti-Jewish decrees of the Reich Government?

MILCH: No, I did not know that. As far as I know, they emanated from a different office, from . . .

MR. JUSTICE JACKSON: Didn’t you know that the decrees which excluded Jews and half-Jews from holding posts were issued by Göring?

MILCH: No, I did not know that. As far as I know, these regulations emanated from the Ministry of the Interior, which also would have been the proper department to deal with them.

MR. JUSTICE JACKSON: As a matter of fact, did you not have to take certain proceedings to avoid the effect of those decrees yourself?

MILCH: No. I know what you mean. That was a question that had been cleared long ago.

MR. JUSTICE JACKSON: How long before that was it cleared?

MILCH: As far as I know, in 1933.

MR. JUSTICE JACKSON: 1933, just after the Nazis came to power?

MILCH: Yes.

MR. JUSTICE JACKSON: And at that time Göring had you—we will have no misunderstanding about this—Göring made you what you call a full Aryan; was that it?

MILCH: I do not think he made me one; I was one.

MR. JUSTICE JACKSON: Well, he had it established, let us say?

MILCH: He had helped me in clearing up this question, which was not clear.

MR. JUSTICE JACKSON: That is, your mother’s husband was a Jew; is that correct?

MILCH: It was not said so.

MR. JUSTICE JACKSON: You had to demonstrate that none of your ancestry was Jewish; is that correct?

MILCH: Yes; everybody had to do that.

MR. JUSTICE JACKSON: And in your case that involved your father, your alleged father; is that correct?

MILCH: Yes.

MR. JUSTICE JACKSON: And you certainly were informed from the very beginning of the attitude of the Nazi Party to Jews, were you not?

MILCH: No, I was not informed. Everybody had to submit his papers, and the certificate of one of my grandparents could not be found.

MR. JUSTICE JACKSON: And you were never required to do that under the Weimar Republic?

MILCH: No, there was no such question at that time.

MR. JUSTICE JACKSON: And you knew that this whole question was raised by the Nazi Party, of which you became a member in 1933; in other words at about the time this happened. Is that right?

MILCH: I had applied for membership earlier, before this question came up.

MR. JUSTICE JACKSON: When did you apply for membership?

MILCH: I do not know exactly—I think in March or April.

MR. JUSTICE JACKSON: And you had to clear up this question before you could become a member; wasn’t that the point?

MILCH: That had been cleared up in the meantime. I cannot say exactly when.

MR. JUSTICE JACKSON: In 1933 you became aware of the concentration camp, the first one?

MILCH: Yes, I believe in 1933 there was a public announcement about it.

MR. JUSTICE JACKSON: And later, as I understand you, you heard so many rumors about concentration camps, that you thought the matter ought to be investigated; that you ought to go there and see?

MILCH: Yes.