Yes.
MR. ROBERTS, K.C.: Then I shall proceed, if I may, on that activities of both these defendants have been referred to in detail many times and quite recently by Colonel Taylor and my earnest desire is to avoid repetition as far as I possibly can.
And may I say, I welcome any suggestions, as I travel the road, which the Tribunal have to make, to may my presentation still shorter. which is a joint Document Book, dealing with both the defendants. Practically all the documents in that book have already been referred to. They nearly all, of course, have a German origin. I only propose to read passaged from nine new documents and those nine documents, I think, are shown in your Lordship's bundles and in the bundles of your colleagues. part of the Indictment which deals with the two defendants. That will be found on page 33 of the English translation. I begin with "Keitel" in the middle of the page, and it says:
"The defendant Keitel between 1933 and 1945 was --" the holder of various offices. I only want to point out there, that although the commencing date is 1938, the Prosecution relies on certain activities of the Defendant Keitel before 1938 and we submit that we are entitled so to do because of the general words appearing on page 28 of the Indictment, at the head of the Appendix:
"The statement hereinafter set forth following the name of each individual defendant constitute matters upon which the prosecution will rely inter alia as establishing the individual responsibility of the defendants: --"
And then the Tribunal will see: "Keitel used the foregoing positions, his personal influence and his intimate connection with the Fuehrer in such a manner that: he promoted the military preparations for war set forth in Count One of the Indictment --" if I may read it shortly -- he participated in the planning and preparation for wars of aggression and in violation of treaties; he executed the plans for wars of aggression and wars in violation of treaties and he authorized and participated in war crimes and crimes against humanity.
various positions. He "used the foregoing positions, his personal influence, and his close connection with the Fuehrer in such a manner--" and this is not to be found in the text relating to Keitel -- "he promoted the accession to power of the Nazi conspirators and the consolidation of their control over Germany --." moment to support that allegation that he promoted the Nazi rise to power before 1933. There is plenty of evidence that he was a devoted, almost a fanatical admiere of the Fuehrer, but that, I apprehend, would not be enough. tions for war; he participated in the planning and preparation of the war and that he authorized and participated in war crimes and crimes against humanity. it is well-known that in February of 1936 he became Chief of the OKW, Supreme Commander of all the Armed Forces and that Jodl became Chief of the Operations Staff and that is copiously proved in the shorthand notes and on the documents, Perhaps I ought to refer to his position in 1935, at the time when the reoccupation of the Rhineland was first envisaged. Keitel was head of the Wehrmacht in the Reich War Ministry and that is proved by a document, 3019-PS, which is to be found in "Das Archiv", and I ask the Court to take judicial notice of that. It is not in the bundle.
Jodl's positions have been proved by his own statement, which is 2865-PS, which is also U.S. 16 and in 1935 he held the rank of Lieutenant Colonel, Chief of the Operations Department of the Landesverteidigung. period -- to two documents, one of which is now. The first document I desire to mention, without reading it, is EC 177. It is U.S. 390. My Lords, these are the minutes, shortly after the Nazi rise to power, of the Working Committee of the delegates for Reich Defense. The date is the 22nd of May, 1933.
Keitel presided at that meeting. The minutes have been read.
There is a long discussion as to the preliminary steps for putting Germany on to a war footing. Keitel regarded the task as most urgent; that so little had been done in previous years and perhaps the Tribunal will remember the most striking passage where Keitel impressed the need for secrecy, documents must not be lost, oral statements can be denied at Geneva.
is interesting to see in those very early days, 1933, that the heads of the armed forces of Germany concentrated using lying as a weapon. EC-405. I desire to refer to this shortly because in my submission it fixes Jodl with knowledge and complicity of return to reoccupy Rhineland country, contrary to the Versailles Treaty, The Tribunal will see that these are the minutes of the Working Committee of the Reich Defense Council, dated the 26th of June, 1935. Lt. Colonel Jodl gives a dissertation on mobilization preparation, and it is only the fourth and fifth paragraphs on that same page that I desire to read, the last paragraph but one from the bottom:
"The demilitarized zone requires special treatment. In his speech of the 21st May and other utterances, the Fuehrer has stated that the stipulations of the Versailles Treaty and the Locarno Pact regarding the demilitarized zone are being observed. To the Aide memoire of the French Charge d'affaires on recruiting offices in the demilitarized zone, the Reich Government has replied that neither civilian recruiting authority as nor other offices in the demilitarized zone have been entrusted with mobilization tasks such as the raising, equipping, and arming of any kind of formations for the event of war or in preparation therefor.
"Since political entanglements abroad must be avoided at present" -I stress the "at present" -- "only these preparatory measures that are urgently necessary may be carried out. The existence of such preparations or the intention of them must be kept in strictest secrecy in the zone itself as well as in the rest of the Reich."
My Lord, I needn't read more. I submit that fixes Jodl clearly with knowledge of the forthcoming breach of Versailles. March, 1936, the Defendant Keitel issued the directive which has been read before, C-194, U.S. 55, ordering an air reconaissance and certain U-Boat movements in case any other nation attempted to interfere with that reoccupation.
My Lords, shortly after its formation there was issued a handbook which is a new exhibit, from which I want to read short passages.
The number of the exhibit is 211, It is GB-161.
THE PRESIDENT:L-211?
MR. ROBERTS, K.C: L-211, My Lord, and you should find it nearly at the end of the book. Now, this is dated 19 April 1938, "Top Secret for Commanders only. Direction of War as a Problem of Organization." I only read from the appendix which is entitled, "What is the War of the Future?" and if the Court will kindly turn over to the second page, I am going to read 12 lines from the bottom of the page, the line beginning "Surprise". "Surprise which must be the premise for quick initial success will often require hostilities to begin before mobilization has been completed or the armies are fully in position.
"A declaration of war is no longer necessarily the first step at the start of a war.
"The normal rules of war towards neutral nations may be considered to apply only on the basis of whether the operation of these rules will create greater advantages or disadvantages for the warring nations." they might apply to any other nation who might be minded to make war on Germany. The Court can use its judicial notice of the conditions of things in Europe in 1938 and ask itself whether Germany had any potential aggressor against her. envisages exactly the way in which Germany did make war in 1939 and in the subsequent years. times, and which will be trodden so many times again, the road from 1938 and 1941 to the final act of aggression. But I believe that I can treat this, so far as Keitel and Jodl are concerned, in a very few sentences because I submit that the documents which are already in, which have been read and reread into the record, demonstrate quite clearly that Keitel, as would only be expected, he being Chief of the Supreme Command of all the Armed Forces, and Jodl, as only would be expected also, he being Chief of the Operations Staff, were vitally and intimately concerned with every single act of aggression which took place successively against the various victims of Nazi aggression.
My Lord, you should have in front of you the document book and the trial brief in which those documents are set out under the heading. If I might take first the aggression against Austria, your Lordship will remember in Jodl's diary on the 12th of February, 1938 how Keitel, who was something more than a mere soldier, put heavy pressure upon Schuschnigg -- that is 1780-PS, Jodl's diary -- how on the following day, Keitel writes to Hitler, 1775-PS, USA 75, suggesting the shamming of military action and the spreading of false but quite credible news, as it has been translated.
Then, the actual operation orders for Operation Otto, U.S. 74, 75, and 77, all of the 11th of March, 1938, are OKW orders for which Keitel is responsible.
THE PRESIDENT: What are the numbers of them?
MR. ROBERTS, K.C: My Lord, C-102, C-103, and C-182. One of them is actually signed or initialled by Keitel, and two are initialled by Jodl. Those are the operation orders for the advance into Austria, the injunction, if the Tribunal remembers, to treat Czech soldiers as hostile and to treat the Italians as friends. Austria. My Lord, the second is, is it not -
THE PRESIDENT (Interposing): Well, perhaps if you are going off to another, we had better adjourn now until 2:00 o'clock.
(Whereupon at 1245 hours the hearing of the Tribunal adjourned to reconvene at 1400 hours.)
Military Tribunal, in the matter of: The
MR. ROBERTS, K.C.: May it please the Tribunal: I had got to the commencement of the aggression against Czechoslovakia, and the Tribunal will remember that the leading Exhibit on that matter is the file 388PS, US 26, the "Fall Gruen" file. My Lords, that file, in my submission, contains copious evidence against both Keitel and Jodl, showing that they were taking the natural part of the chief of the supreme command of the armed forces and the head of the operations staff.
May I remind the Tribunal of Item 2. I don't want to read any of these. I might just refer to them. That is notes of a meeting on the 21st of April 1938. The important thing to notice is that Keitel and the Fuehrer met alone, showing the intimate connection between Keitel and the Fuehrer. And it was at that meeting that preliminary plans were discussed, including the possibility of an incident, namely, the murder of the German ambassador at Prague. for the political and the military campaign against Czechoslovakia, issued by Keitel. Keitel for the invasion of Czechoslovakia, with the date given as the 1st of October, 1938.
There are many items which are initiated by Jodl; Item 14 and Item 17, to mention only two. Items 24, 36, and 37. signed by Keitel, enclosing orders for secret mobilization.
Jodl's diary, 1780-PS, contains many references to the forthcoming aggression, particularly the 13th of May and the 8th of September, and and there is a very revealing entry on the 11th of September in Jodl's diary, 1780-PS, in which he says:
"In the afternoon, conference with the Secretary of State".
THE PRESIDENT: Will you give us the date?
MR. ROBERTS, K.C.: I beg your Lordship's pardon; 11th of September, 1938, that is.
"In the afternoon, conference with Secretary of State Jahnke, from the Ministry of Public Enlightenment and Propaganda, on the imminent common tasks. The joint preparations for refutation of our own violations of international law and the exploitation of its violations by the enemy were considered particularly important."
I emphasize those words, "our own violations of international law." was referred to by my learned leader, Sir David, was prepared, which the Tribunal will remember has in parallel columns the possible breach of international law and the excuse which is then going to be given for it. It was referred to so recently that I needn't refer to it again. there is an overwhelming case that Keitel and Jodl played an important, indeed, a vital part, in the aggression against Czechoslovakia, which led up to the Pact of Munich. out many times, the Nazi conspirators at once set about preparations for annexing the remainder of Czechoslovakia. because he goes to do some regimental soldiering as artillery general in Austria -- artillery general of the 44th Division -- and so it cannot be said that there is any evidence against him from the Munich Pact until the 23rd of August, 1939, when he is recalled on the eve of the Polish invasion to take up his duties once more as chief of the operation staff of OKW. than a month after the Munich Pact, he countersigned Hitler's order to liquidate the rest of Czechoslovakia and to occupy Memel - Document C-136, US 104.
memorandum about the surprise occupation of Danzig. to the lower formations, "prepare for the liquidation of Czechoslovakia." Those preparations were made. than a mere soldier, was present at the midnight conference between the Fuehrer and Hacha, President of Czechoslovakia, when, under a threat of bombing Prague, Hacha surrendered the rest of his country to the Germans, I refrain from referring to the contents of the minutes, which have been road many times already.
My Lords, so that milestone is past. And again I submit, in all that aggression, it's clear that Keitel was playing a vital part as Hitler's right-hand man, commanding all the armed forces under him.
I now passto the Polish aggression. Keitel was present at the meeting at the Chancellory on the 23rd of May, 1939, L-79, US 27, when it was said, quoting just a few words, so familiars Danzig was not the subject of the dispute; Poland was to be attacked at the first suitable opportunity; Dutch and Belgian air bases must be occupied; declarations of neutrality were to be ignored.
The directive for "Fall Weiss", the invasion of Poland, is C-120A, GB 41. The date is the 3rd of April, 1939. The Tribunal will remember the plans were to be submitted to OKW by the 1st of May, and the forces were to be ready for invasion by the 1st of September. And that directive is signed by Keitel.
C-126, GB 45, is a follow, up of that previous directive. It's dated the 22nd of June, 1939. The need for camouflage is emphasized, and it is stated, "don't disquiet the population." That is signed by Keitel.
Admiral Canaris about the supplying of Polish uniforms to Heydrich, and it will be noticed in the last paragraph of the note that Admiral Canaris is against the war, and Keitel argues in favor of it. And Keitel made the prophecy that Great Britain would not enter the war.
I submit that Keitel's vital part, again, in the preparation for the aggression against Poland, is clearly established beyond possibility of dispute. August, as seen in his diary entry, 1780-PS, where he says that he is recalled to take charge of the operations staff. He says -- 1780-PS-received order from armed forces high command to proceed to Berlin and take over position of chief of armed forces executive office." And then: "1100 hours to 1330 hours--discussion with chief of armed forces high command. X-Day has been announced for the 26th of August. Y-Time has been announced for 0430 hours." And I submit that the Tribunal can infer the importance of Jodl to this conspiracy from the fact that on the eve of the war he is recalled to Berlin to take his place at the head of the operational staff of the supreme command. just point out that, according to the evidence of General Lahousen, if the Tribunal accepts it on this point, Keitel and Jodl were in the field with Hitler on the 10th of September, 1939. That is a shorthand note, page 617 and 18. I don't suppose there will be any dispute that the head of the high command and the chief of his operationsl staff were in the field.
My Lord, I pass now to Norway and Denmark. So far as both are concerned, we see from C-54, GB 86, that on the 12th of December, 1939, Keitel and Jodl were both present at Hitler's conference with Raeder, when the invasion of Norway was discussed, and Keitel's direct responsibility to those operations is shown, in my submission, by C-63, GB 87, in which Keitel says that the operations against Norway will be under my direct and personal guidance.
And he sets up a planning staff of OKW for the carrying out of those operations.
Jodl's knowledge and complicity, in my submission, is clearly shown also from the entries in his own diary--1809-PS. That is the second part of his diary. And the Tribunal will remember the entry of the 13th of March, 1940, in which he records that the Fuehrer was still looking for an excuse for the Weser" operations. That is the 13th of March, My Lord, 1809-PS.
THE PRESIDENT: Yes. The date I have got is the 3rd.
MR. ROBERTS, K.C.: Page 5 of that actual Exhibit of 13th of March, according to my copy.
THE PRESIDENT: Yes, I see.
MR. ROBERTS, K.C.: The Duehrer does not give the order yet for "Weser". He is still looking for an excuse.
And then, on the 14th of March, "Fuehrer has not yet decided what reason to give for "Weser" exercise, which, in my submission, if I may be allowed to make a short comment, shows up in a lurid light the code of honor of the military leaders of Germany--still looking for an excuse.
lying excuses were given. my submission, is clearly shown by the documents to have been controlled and directed by Keitel with Jodl's assistance. The Tribunal already have a note of the conference in May of the lands to be occupied, L-79, C-62, GM-106. This is a directive, signed Hitler, on the 9th of October, 1939, and another directive, signed Keitel, on the 10th of October.
THE PRESIDENT: What letter?
MR. ROBERTS K.C.: My Lord, C-62.
THE PRESIDENT: C-62.
MR ROBERTS: Which comprises two documents, the 9th of October and 15th of October, two directives, one signed Hitler, and one signed Keitel, both giving orders for the occupation of Holland and Belgium.
My Lord, C-10, GB-108, dated the 8th of November, are Keitel's operation orders for the 7th Parachute Division to make an airborne landing in the middle of the Hague. directive for the invasion of Holland and Belgium. ll signed by Keitel, 7 signed by Jodl: The Fuehrer is postponing A-Day because of the weather.
My Lord, Jodl's diary is also eloquent on that subject. That is 1809-PS. Several entries, perhaps I need not refer to again, relating to these forthcoming operations, culminating with the one on the 8th of May, which perhaps the Tribunal will remember, when Jodl says: "Alarming information from Holland," and he expresses righteous indignation that the wicked Dutchmen should erect roadblocks and take mobilization preparations.
there is copious and overwhelming evidence that these two men were in charge of the military operations which made those invasions possible. Yugoslavia. PS-1541, GB-117, dated 13 December 1940, Hitler's order fear Marita, the operation against Greece, signed by Hitler, and a copy to Keitel, namely, OKW. the Greek operation. at the conference with Hitler, Mussolini and others when the operations against Greece and Yugoslavia are discussed. are filled in by Keitel. Jodl present, that the decision to attack and destroy Yugoslavia is announced, and the Fuehrer said: "I am determined to destroy Yugoslavia. I shall use unmerciful harshness to frighten other neutrals"; and these two soldiers were present when that was said. aggression is amply proved.
My Lord, I pass to Barbarossa. 446-PS, U.S.A. 131, dated 18 December 1940, Hitler's order for the Barbarossa operation, initialed by Keitel and Jodl. Hitler says, the Tribunal will remember, that he intends to overthrow Russia in a single rapid campaign.
872-PS, U.S.A. 134, 3rd of February, 1941 a discussion with Hitler, Keitel and Jodl, re Barbarossa and Sonnenblume, North African suggestions. Hitler said: "When Barbarossa commences, the world will hold its breath and make no comments."
Then, 447-PS, U.S.A. 135, dated 13th of March, 1941, that is an operation order signed by Keitel, re the administration of the areas which are to be occupied, showing again that Keitel was more than a mere soldier; this is civil administration.
C-39, U.S.A. 138, 6th of June, 1941 timetable for Barbarossa, signed by Keitel, and Jodl gets a sixth copy.
C-79, U.S.A. 139, 9th of June, 1941, is Hitler's order to Keitel and Jodl to attend the pre-Barbarossa conference on the 14th of June, 1941, eight days before the operation. fendants, again I respectfully submit their participation in this aggression is overwhelmingly proved. of Japan to commit an aggression against the United States of America. My Lord, there are two key documents, and both Keitel and Jodl are implicated by both of them. My Lord, the first is C-75, U.S.A. 151, dated 5th of March, 1941. It is an OKW order signed by Keitel, copy to Jodl. "Japan must be drawn actively into the war" is a quotation from it. Keitel and Jodl -- Japan to seize Singapore. That is the relevant extract on that. I submit that the case against these two men is overwhelming. It is clear, in my submission, that there could be no defense open to them except that they were obeying the orders of a superior. That defense is not open to them under this charter. No doubt all these wicked schemes germinated in the wicked brain of Hitler, but he could not carry them out alone. He wanted men nearly as wicked and nearly as unscrupulous as himself. crimes against humanity. My Lord, it has already been proved that Keitel signed the Nacht and Nebel decrees, committing persons to incarceration in Germany where all trace of them is lost. That is L-90, U.S. 503.
There is one fresh document that I desire to put in. Col. Telford Taylor put in C-50, Keitel's order as to ruthless action in the Barbarossa campaign. There is one complementary document to that, and that is C-51, which Your Lord ships will find -- I beg your pardon, this is GB-162 -- this is Keitel's order dated the 27th of July, 1941:
"In accordance with the regulations concerning classified material the following offices will destroy all copies of the Fuehrer's decree of 13 May 1941" - that is C-50, the Barbarossa decree -- "issued in the communication mentioned above:
"a) All offices upwards to the rank of 'General Commands' inclusive"-- My Lord, that means that Corps commanders downwards could destroy, copies.
"b) Group commands of the armoured troops" -- that again means offices of the armed corps below the rank of Corps commanders could destroy.
"c) Army commands and offices of equal rank, if there is an inevitable danger that they might fall into the hands of unauthorized persons," to them, should destroy these documents rather than there should be any chance of them being captured.
"The validity of the decree is not affected by the destruction of the copies. In accordance with paragraph III it remains the personal responsibility of the commanding officers to see to it that the offices and legal advisors are instructed in time, and that only these sentences are confirmed which correspond to the political intentions of the High Command.
"This order will be destroyed together with the copies of the Fuehrer's decree." by Keitel, to destroy that, I suggest that an illegal order, a barbarous order, and that anxiety is significant. document in the bundle, UK-20, My Lordship will find it flagged at the end of the bundle. It is from the Fuehrer's headquarters, 26th of May, 1943. It says:
"Ref: Treatment of supporters of do Gaulle who fight for the Russians, "French airmen serving in the Soviet air forces have been shot down on the Eastern Front for the first time.
The Fuehrer has ordered that employment of French troops in the Soviet forces is to be counteracted by the strongest means.
"It is therefore ordered: -
"1) Supporters of de Gaulle who are taken prisoner on the Eastern Front will be handed over to the French government for proceedings in accordance with OKW order."
And then I read paragraph 3:
"Detailed investigations are to be made in appropriate cases against are resident in the occupied area of France.
If the investigation re France then severe measures are to be taken."
the next document in the bundle, and is UK-57, GB-164. This is the last document, I think, in the bundle.
My Lord, it is from the Ausland Abwehr OKW and it is signed the 4th of January, 1944, My Lord, the heading is:
"Re counter-action to Kharkov show trial." Paragraph 2 is all that I read:
"The documents referred to 'Comandos' have been collected by the Reich Security HQ and thoroughly investigated.
In five cases members of the British Armed Forces have been arrested as participants.
In accordance with the order of the Fuehrer they were thereupon shot.
The the way of the courts.
Up to the present no breaches of international law can be proved against the Commando participants".My Lord, Keitel's comments are to be found in the top left hand corner of that document:
"We want documents on the basis of which we can institute similar proceedings.
They are reprisals which have no connection with battle actions."
The the translation sayw: "Legal indications are superfluous."
My Lord, I am told the German word is "justification", "legal justifications are superfluous."
I think the original has been handed in, has it not?
Perhaps that can be checked by one of the court translators.
I am told that "indications" is wrong and that it should be "justifica tions".
THE PRESIDENT: Is that not at the top signed by Keitel?
MR. ROBERTS: It is typewritten in the office copy which is the
THE PRESIDENT: There is no actual signature.
MR. ROBERTS: No.
MR. BIDDLE: How does it connect with Keitel then?
MR. ROBERTS: Wehrmacht Chief OKW, that is note of the Chief of OKW.
Now, that is the first minute. My Lord, the second minute, it is on large red Keitel "K" initialed on the top of this letter, showing that he got it.
My Lord, the first paragraph deals with two officers who were then at Eichstadt Camp in Bavaria.
My Lord, there is no importance in The second paragraph:
"Attempted attacks on the battleship Tirpitz.
"At the end of October '42 a British Commando that had come to Tirpitz in Drontheim Fjord by means of a two-man torpedo.
The action the stormy sea.
From amongst the crew consisting of 6 Englishmen and 4 Swedish border.
However, only the British seaman Robert Paul Evans, born 14 Jan '22 at London, could be arrested, the others escaped into Sweden.
"Evans had a pistol pouch in his possession such as are used to carry weapons under the arm-pit and also a knuckle-duster.
Violence, representing a breach of international law, could not be proved.
He has made extensive statements about the operation.
In accordance with the Fuehrer's order he was shot on 19 January," That should be "43". The original says "43"; the copy is wrong.
Again I submit, that is murder. Violence representing a breach of My Lord, then the third paragraph:
"Blowing up of the Glomfjord Power Station.
"On 1* Sept '42, 10 Englishmen and 2 Norwegians landed on the installations in the power station GLOMFJORD on 21 Sept '42.
The German that they would be chloroformed should they resist.
For this purpose the Englishmen were equipped with morphia syringes.
Several of the partici Those arrested are:
They were shot on 30 October '42" law.
They were British seamen and they were in uniform.
Then paragraph 4:
"The sabotage attack against German ships of Bordeaux.
"On 12 December '42, a number of valuable German ships of Bordeaux were seriously damaged by explosives below water-level.
The adhesive mines had been fixed by 5 English sabotage gangs working from canoes.
From amongst the 10 participants the following were arested after a few days."
enant, a petty officer, a sergeant and three Marines. A seventh soldier names Moffett was found drowned; the remainder apparently escaped into Spain stream into the mouth of the River Gironde.