Chapter XIII.)

The Nazi conspirators were measurably aided in executing the foregoing policies in Holland by the cooperation of a local Nazi, Rost van Tonnigen, who was appointed President of the Netherlands Bank and Treasurer in the Netherlands Ministry of Finance by Seyss-Inquart in the spring of 1941. The cooperative spirit with which van Tonnigen discharged his responsibilities in these posts was disclosed in the following excerpt from a report of the German Commissar of the Netherlands Bank:

“The new President of the Netherlands Bank, Mr. Rost van Tonnigen, is, in contrast to a large part of the leadership, penetrated in his movements and his official acts by the greater German thought, and convinced of the necessity of the creation of a greater European economic space. This ideological attitude in itself gives him the correct position on financial and monetary policy questions for his country in relation to the greater German economic space. Furthermore it makes easier cooperation with my office, a fact which deserves special mention in consideration of the frequently observed impossible conduct of the Netherlands agencies before the entrance into office of the new President. I consider as a fortunate solution the fact that the Reichskommissar for the Occupied Dutch Areas has also entrusted Mr. Rost van Tonnigen with the Treasury of the Ministry of Finance [_Schatzamt des Finanzministeriums_]. Mr. Rost van Tonnigen took over this office at the end of the month of April. Thus there is a guarantee that the financial and monetary policy of the country will be conducted according to unified points of view.” (_ECR-174_; see also _Verordnungsblatt_, No. 22, 24 August 1940 (Fourth Order of the Reich Commissar for the Occupied Netherlands concerning certain Administrative Measures); _Lemkin_, “Axis Rule in Occupied Europe,” pp. 455-456.)

In addition to the responsibility which attaches to Seyss-Inquart as a result of his dominant position in the Netherlands, his appointment of Nazi-minded individuals to key positions, and his complete knowledge of and acquiescence in illegal Nazi policies, there is conclusive evidence of his initiation of such policies. In April 1942 “at the instigation of the Reich Commissar Seyss-Inquart” the Netherlands began to pay a “voluntary contribution to the war against Bolshevism” of 50,000,000 gulders per month, retroactive to 1 July 1941, of which ten million per month was paid in gold. (_ECR-195_)

By 31 March 1944, this contribution amounted to 2,150,000,000 RM. (_EC-86_)

The alleged “voluntary” character of the contribution is to be taken with considerable reserve in view of the admission contained in Seyss-Inquart’s Top Secret report of 29 May to 19 July 1940, that the voluntary nature of previous financial and economic measures was in reality fictional. (_997-PS_)

However, the question whether or not the contribution is to be deemed at the direction of Seyss-Inquart or was in fact “voluntary” is immaterial. It is manifest that the then President of the Netherlands Bank and Treasurer in the Ministry of Finance, van Tonnigen, acted in the German interest and to the detriment of the Netherlands. His acts are attributable to the responsible head of the German Civil Administration in the Netherlands and the individual to whom he owed his appointment, Seyss-Inquart.

(_e_) _Participation in activities of Einsatzstab Rosenberg._ Seyss-Inquart, in his capacity as Reich Commissar for the Occupied Netherlands territory, also cooperated with and acquiesced in the activities of the _Einsatzstab Rosenberg_ in the territory under his jurisdiction. He is therefore responsible for his actions in this regard, which constituted crimes under Article 6 (b) of the Charter and violations of Articles 46, 47, and 56 of the Hague Regulations, 1907.

(The _Einsatzstab Rosenberg_, which commenced as a research library project, developed into a systematic program for the wholesale looting of art treasures and cultural objects in the conquered territories. Its activities are discussed in Chapter XIV.)

Implication of Seyss-Inquart in the criminal activities of the _Einsatzstab Rosenberg_ is revealed in a detailed progress report of its chief Netherlands representative, Schimmer. The first paragraph of this report states as follows:

“The Working Group Netherland of the _Einsatzstab Reichsleiter Rosenberg_ began its work in agreement with the competent representative of the Reichkommissar during the first days of September 1940. The execution of the post, conforming with the Fuehrer’s orders, coordinated itself with the liquidation, that is confiscation, according to civil law, of the various subversive institutions—as set forth in the circulars of the OKW, dated 5 July 1940, and of the Chief of the OKW to the Commander in Chief of the _Wehrmacht_ in France, dated 17 September 1940, as well as to the Commander in Chief of the OKW in the Netherlands, dated 30 October 1940. The screening of the material of the various Masonic lodges was taken care of primarily, and the library and the archives of the following lodges were sifted and all useful material was packed.” (_176-PS_)

There follows the specification of some 92 Masonic IOOF Lodges and Rotary Clubs which were screened and yielded 470 cases of valuable objects. Also, a large number of libraries and scientific and cultural institutions were listed with the statement that all books and archives contained therein were being catalogued preparatory to shipment to Germany. (_176-PS_)

The report concludes with the following statement indicating close integration in the Netherlands between Rosenberg’s program of grand larceny and Seyss-Inquart’s anti-Jewish program, viz:

“The Working Group, in executing the afore-mentioned tasks, is bound strictly to the pace set by the Reichskommissar for the handling of the Jewish questions and that of the international organizations. This pace again is determined by the political evolution which is taking shape according to decisions made on a higher level, and which must not be hampered by individual acts.” (_176-PS_)

Other documents captured from Rosenberg’s files remove any doubt whatever as to Seyss-Inquart’s full knowledge of the criminal activities of the _Einsatzstab Rosenberg_ in Holland and his participation therein. On 11 September 1944 Rosenberg informed Seyss-Inquart by letter that orders had been issued for the seizure and transportation to Germany of the library of the Social Institute in Amsterdam. (_091-PS_; see also _1621-PS_, a secret letter from Reichsfuehrer SS (Himmler) ordering SS Gen. Rauter in the Hague to seize medical apparatus at the Universities of Leyden and Utrecht with the aid of Seyss-Inquart.)

(_f_) _Conscription of civilian labor._ In his capacity as Reich Commissar for the occupied Netherlands territories Seyss-Inquart authorized and directed the deportation of vast numbers of Netherlands nationals to the Reich for forced labor in the instruments of German war production. These acts were all in violation of Articles 6 (b) and (c) of the Charter; Articles 6, 23h, 46, and 52 of the Hague Regulations, 1907 (_3737-PS_); and the Prisoner of War Convention, Geneva, 1929. (_3738-PS_)

The deportation program in the Netherlands was initiated on 20 June 1940, five weeks after the occupation of that country. The Germans at first deported only the unemployed, threatening them with curtailment of their dole for refusal. Thereafter in 1942 measures were taken to draft employed workmen. Dutch business concerns were combed in “Sauckel-actions” for available workers, who were forced to register at the labor offices. Workmen who refused were prosecuted by the SD, committed to one of the prisoners’ camps in the Netherlands, and eventually put to work in Germany. By the end of April 1942 the program was in full operation, and not less than 22,000 workers were deported that month. Many Belgian concerns not considered essential were closed down to release manpower for deportation to Germany or for work in Dutch industries deemed essential to the German war effort. New measures of a drastic nature were inaugurated in the spring of 1943. All males between 18 and 35 were forced to register for “_arbeitseinsatz_” (war effort), which was synonymous with deportation. As time elapsed and the German military situation deteriorated, the measures taken became increasingly more ruthless. Whole sections of a town were lined off and people were seized in the streets or in their homes and transported to Germany. A total of approximately 431,500 Netherlands workers were deported to Germany and other foreign countries. (_1726-PS_)

Illustrative of the participation of Seyss-Inquart in the slave labor program are four proclamations which he caused to be issued, calling up Dutch civilians between certain ages for forced labor and threatening them with shooting in the case of noncompliance. (_1162-PS_)

Sauckel, General Plenipotentiary for the Employment of Labor, on 5 October 1945 disclosed, under oath, the part played by Seyss-Inquart in the forced recruitment of Dutch workers for German war production. The following is an excerpt from an interrogation of Sauckel:

“Q. For a moment I want to turn our attention to Holland. It is my understanding that the quotas for the workers for Holland were agreed upon, and then the numbers given to the Reichskommissar Seyss-Inquart to fulfill. Isn’t that correct?

“A. Yes, that is correct.

“Q. After the quota was given to Seyss-Inquart, it was his mission to fulfill it with the aid of your representatives, was it not?

“A. Yes. This was the only possible thing for me to do and the same applied to the other countries.” (_3722-PS_)

Seyss-Inquart has himself acknowledged under oath his active participation in deporting 250,000 Netherlands workmen between the ages of 17 and 42 toward the end of 1944, although he attempted to shift responsibility by stating that the order was issued by the _Wehrmacht_ and that “I can’t intervene against the _Wehrmacht_.” However, he admitted:

“I didn’t oppose it. I helped to carry it out in my province.” (_Transcript of Interrogation of Seyss-Inquart_, afternoon session, 18 September 1945, pp. 19-20.)

(_g_) _Murder and ill-treatment of civilian population, including killing of hostages._ Seyss-Inquart, in his capacity as Reich Commissar for the Occupied Netherlands Territory, authorized and directed the exaction of collective penalties, murder, and ill-treatment of the civilian population of the Netherlands, and the killing of hostages. All these actions constituted war crimes and crimes against humanity within the meaning of Article 6 (b) and (c) of the Charter, and violated (i) the Hague Regulations, 1907, Articles 46 and 50, (ii) the laws and customs of war, (iii) the general principles of criminal law as derived from the criminal laws of all civilized nations and (iv) the internal penal laws of Netherlands.

Public utterances of Seyss-Inquart reveal his determination to resort to ruthless measures for the purpose of intimidating and repressing the civilian population. In a speech commemorating the 10th Anniversary of Germany’s coming into power, at Weert on 29 January 1943, before workers and trades of the NSDAP, he spoke in part as follows:

“I will give my instructions. They must be executed by all. In the present situation a refusal to execute such instructions could be regarded only as sabotage. It is also clear, now more than ever, that every resistance which is directed against this fight for existence must be suppressed. Some time ago the representatives of the churches had written to the _Wehrmacht_ commander and to me, and they presented their conception against the execution of death sentences which the Wehrmacht commanders announced in the meantime. To this I can only say the following: The moment in which our men, fathers and sons with iron determination look towards their fate in the east and unflinchingly and steadfastly perform their highest pledge, it is unbearable to tolerate conspiracies whose goal is to weaken the rear of this eastern front. Whoever dares this must be annihilated. We must be severe and become even more severe against our opponents, this is the command of a relentless sequence of events, and for us perhaps humanly hard, but our holy duty. We remain human because we do not torture our opponents, we must remain firm by annihilating them.” (_3430-PS_)

Endorsement of the policy of holding innocent persons responsible for the misconduct of others beyond their control is implicit in the following public statement of Seyss-Inquart made at Weert on 8 January 1945:

“I have given orders to suppress all appearances with a severeness corresponding to the brutality of the crime. If in connection with these measures Dutch citizens are affected and have to undergo difficulties and limitations of special nature, then they have to seek the cause therefor solely in these eruptions of the anarchistic mental attitude of a few culprits and the just-as-criminal-tolerance or apathy within their own circles.” (_3430-PS_)

Evidence of Seyss-Inquart’s application of this doctrine of vicarious responsibility is contained in a poster signed by him and warning the Dutch population to expect reprisals in the event of sabotage. The poster reads as follows:

“NOTICE

“I consider all inhabitants responsible for the destruction or damage to railroad installations, waterways with their installations, telephone cables and Post Offices occurring within the boundaries of their locality.

“The population of such localities may therefore expect reprisals in the form of seizure of property and destruction of houses or groups of houses.

“I therefore advise the population to protect the means of transportation and communications by means of patrols or other appropriate measures.

“The Hague 24 Sept 1944 “/s/ Seyss-Inquart “The Reich Commissar for the Occupied Netherlands Territories.” (_1163-PS_)

Another poster issued by the Superior SS and Police Chief publicized with remarkable candor the fact that 12 Netherlanders were executed “independent of further investigation” as reprisals for the killing of two Germans. That poster reads as follows:

“NOTICE

“The Superior SS and Police Chief gives notice that on 20 November 1944 Schutzgruppenmann Janssen and on 13 December 1944 the Senior Officer Candidate Guse were shot in the back by criminal Netherlands elements. Both were robbed of their pistols.

“Independent of further investigation of the perpetrators, two houses were blasted and 12 Netherlanders were executed at the place of one of the crimes as reprisals.

“The Hague, 16 Dec 1944.” (_1163-PS_)

In an interrogation under oath Seyss-Inquart has acknowledged that Netherlanders were shot as hostages without trial. While he sought to shift responsibility to the SS he admitted that upon one occasion the SS called on him to furnish 50 hostages and that he gave five instead, all of whom were shot. (_Transcript of Interrogation of Seyss-Inquart_, 18 September 1945, p. 20)

Other crimes against humanity are documented in the statement of the Dutch Government. The vastness of the scale of the commission of such crimes and the necessary notoriety thereof clearly implicate Seyss-Inquart as the responsible civil head of the German Government in the Netherlands territory. (_1726-PS_)

E. _SEYSS-INQUART PARTICIPATED IN THE CONSPIRACY TO COMMIT CRIMES AGAINST HUMANITY AS SET FORTH IN THE INDICTMENT._

(1) _Austria._

(_a_) _Persecution of the Jews._ While Seyss-Inquart was the Reich Governor of the Province of Austria, laws were issued against Jews and against those who opposed the Nazi Regime politically. As has been shown, this usually took the form of decrees providing for the sequestration and confiscation of the property of these so-called “enemies of the State.”

In the early days of November 1938, pogroms against the Jews took place all over the German Reich, including Austria. These pogroms resulted from the killing of von Rath, a diplomatic official at the German Embassy in Paris, by a young Jew named Grynszpan. Jewish synagogues, homes and shops were smashed and destroyed by fire. Large numbers of Jews were arrested, jailed, or placed in concentration camps. A partial report as to what occurred during the 9th and 10th of November 1938 is found in a letter written by the Reich Commissar for the Reunion of Austria with the German Reich, Josef Buerckel, to Goering, dated 18 November 1938. This report reveals that the fire department was not utilized to control the flames consuming Jewish homes, stores, shops, and synagogues. The school children in Vienna were given an opportunity to participate in the demonstration “according to the order.” Buerckel’s report also discloses that enormous quantities of valuables, jewelry, and merchandise were stolen from the Jews during these pogroms. (_2237-PS_)

A more detailed description of what happened in Vienna during the 9th and 10th of November 1938 is found in the stenographic report of a meeting on “The Jewish Question” under the Chairmanship of Goering (_1816-PS_). This meeting was held on 12 November 1938. It appears from this report that altogether 101 synagogues were destroyed by fire, 76 synagogues demolished, and 7,500 stores ruined in the Reich, including Austria. In this same meeting, a member of the official family of Seyss-Inquart (Reich Governor of the Province of Austria) related the efficiency with which the Civil Administration in Austria dealt with the so-called “Jewish Question.” This official was Fischboeck, and in his verbal report to Goering he said:

“Your Excellency,

“In this matter we have already a very complete plan for Austria. There are 12,000 Jewish artisans and 5,000 Jewish retail shops in Vienna. Before the National Revolution, we had already a definite plan for tradesmen, regarding this total of 17,000 stores. Of the shops of the 12,000 artisans about 10,000 were to be closed indefinitely and 2,000 were to be kept open. 4,000 of the 5,000 retail stores should be closed and 1,000 should be kept open, that is, were to be Aryanized. According to this plan, between 3,000 and 3,500 of the total of 17,000 stores would be kept open, all others closed. This was decided following investigations in every single branch and according to local needs, in agreement with all competent authorities, and is ready for publication as soon as we receive the law which we requested in September; this law shall empower us to withdraw licenses from artisans quite independently from the Jewish Question.” (_1816-PS_)

To this Goering replied:

“I shall have this decree issued today.” (_1816-PS_)

The stenographic report of this meeting further reveals that the solution of the so-called “Jewish Problem” adopted in Austria by Seyss-Inquart and his official family was most efficient from the viewpoint of Nazi objectives. The plan adopted in Austria became a model for the entire Reich. (_1816-PS_)

A report of the Bureau of Statistics for the Provinces of Austria on the Jewish population in Vienna and in Austria, dated 15 December 1939, shows that after the Nazi conspirators assumed power in Austria, the Jewish population in that country decreased approximately 100,000. (_1949-PS_)

While the reasons for the decreases in the Jewish population of Austria would seem to be obvious, yet tangible evidence of at least one reason is provided by Seyss-Inquart himself in a letter written by him to Himmler, dated 4 November 1939. In substance Seyss-Inquart, while Deputy Governor General of the Polish Occupied Territory, stated that an official in Cracow had informed him that there was a plan to send Jews from Vienna to Poland, whereupon he gave instructions that such action should be carried out only in cooperation with the SD and by the SD, since he would not permit wild-cat actions. (_3398-PS_)

(_b_) _Persecution on political grounds._ Seyss-Inquart has supplied evidence that the SS in Austria was responsible for the murder of Chancellor Dolfuss on 25 July 1934. (_3425-PS_)

Seyss-Inquart has also supplied evidence that his predecessor as Chancellor of Austria, von Schuschnigg, had been confined in a concentration camp after his forced resignation from office. (_3254-PS_)

(2) _Poland._ The manner is which Polish Jews were treated and given “special handling” by the Nazi conspirators, although a matter of common knowledge, was described in detail in the “Black Book of Poland.” This document tells of the establishment of special reservations for the Jews as well as ghettos in various parts of Poland. The report also relates how the Jews were starved and exterminated in large numbers. A great portion of these crimes were committed in Poland by the Nazis while Seyss-Inquart occupied the position of Deputy Governor General of the Polish Occupied Territory. (_2613-PS_)

During the time that Seyss-Inquart held this high office in the Nazi government of Poland, a special decree was issued by Frank, dated 26 October 1939, which required compulsory labor for Jews domiciled in the General Government of Poland. The decree was to take effect immediately and the Jews were to be formed in forced labor groups. The execution of the decree was placed in the hands of the Higher SS and Police Leaders. (_2613-PS_)

(3) _The Netherlands._ Seyss-Inquart, in his capacity as Reich Commissar of the occupied Dutch territory, bears full individual responsibility for the execution in the Netherlands of the Nazi program of persecution of Jews. Acts against the Jews authorized, directed, or condoned by Seyss-Inquart, which constitute war crimes and crimes against humanity as defined in Article 6 (b) and (c) of the Charter, included: stigmatization; disfranchisement; denial of civil rights, personal liberty, and economic freedom; religious and cultural persecution; use of organized “spontaneous violence” against persons and property of Jews; ghettoization; starvation; enforced labor; enslavement; mass deportation, and annihilation.

The intentions of Seyss-Inquart with respect to treatment of the Jews is a matter of record. In a speech before a gathering of all workers and trades of the NSDAP at Amsterdam on 13 March 1941 he left no doubt as to where he stood on the Jewish question. He said:

“The Jews are the enemy of national socialism and the national socialistic Reich. From the moment of their emancipation, their methods were directed to the annihilation of the common and moral worth of the German people and to replace national and responsible ideology with international nihilism. The fatal meaning of Judaism became completely clear to the German people during the years of the world war. It was really they, who stuck the knife in the back of the German army which broke the resistance of the Germans, and in the year 1918, it was they who wanted to dissolve and decompose all national tradition and also moral and religious beliefs of the German people. The Jews for us are not Dutchmen. They are those enemies with whom we can neither come to an armistice nor to peace. This applies here, if you wish, for the duration of the occupation. Do not expect an order from me which stipulates this, except regulations concerning police matters. We will beat the Jews wherever we meet them, and those who join them must bear the consequences. The Fuehrer declared that the Jews have played their final act in Europe, and therefore they played their final act.” (_3430-PS_)

Following his assumption of office in the Netherlands on 29 May 1940, Seyss-Inquart, pursuant to the authority vested in him as Reich Commissar Of the Netherlands by the Fuehrer decree of 18 May 1940, systematically promulgated decrees designed to implement the Nazi program of persecution and elimination of Jews. He promulgated a law which prohibited the Jewish ritual slaughter of animals in the Netherlands Occupied Territories, thus making it impossible for devout orthodox Jews to live in accordance with their religious dietary laws. (_2705-PS_)

Other anti-Semitic decrees of a like nature, all of which were signed by Seyss-Inquart and published in the _Verordnungsblatt fuer die besetzen niederlandischen Gebiete_ (VOBL), may be summarized as follows:

_Publication Date and No. _Summary of Subject Matter_ of VOBL_ _3333-PS, Order to register all businesses belonging to Verordnungsblatt_, No. Jews, joint stock corporations including 33, p. 546, 26 Oct 1940. either one Jewish partner or one Jewish member in their Board of Directors, or those of which more than 25% of the capital stock belong to Jews or those in which half of all votes are to be exercised by Jews, or in general, businesses which in fact are placed under predominatingly Jewish influence. Section 4 defines the quality of a Jew. Property situated abroad is to be embodied in the declaration of registration. Failure wilfully of declaration is punished by imprisonment not exceeding 5 years and by a fine not exceeding 100,000 gulders or either of these penalties, while the same due to negligence entails an imprisonment not exceeding one year or a fine not exceeding 10,000 florins; in addition confiscation of the property concerned may be ordered.

_3334-PS_, Prohibition to employ German citizens or _Verordnungsblatt_, No. persons of cognate blood in Jewish households 42, p. 701, 27 Dec 1940. under a penalty not exceeding one year imprisonment and a fine of 10,000 guilders or either of these penalties.

_3323-PS_, Registration of all persons of part or full _Verordnungsblatt_, No. Jewish blood. 6, p. 19, 13 Jan 1941.

Sec. 2 defines as a Jew any person one of whose grandparents was a full-blooded Jew. Any grandparent who belonged or belongs to the Jewish religious community is considered as such. Failure to register entails an imprisonment not exceeding 5 years and the confiscation of property (Sec. 10).

_3325-PS_, Limitation of registration of Jewish students _Verordnungsblatt_, No. in Dutch universities and colleges. 6, p. 99, 14 Feb 1941.

_2112-PS_, Obligation to register real estate, mortgages _Verordnungsblatt_, No. and real property belonging to Jews, other 34, p. 655, 16 Aug 1941. than farming estates and lands regulated by a previous ordinance. Power granted to the Dutch administration of real property to take over directly or through persons appointed for the purpose, the management of Jewish real property, with the right to alienate it in part or in whole.

_3326-PS_, Freezing of property belonging to Jews who _Verordnungsblatt_, No. have emigrated from Holland which is located 39, p. 785, 20 Sept 1941. in Holland.

_3334-PS_, Prohibitions to employ a non-Jew in _Verordnungsblatt_, No. households headed by a Jew or where a Jew is 44, p. 846, 23 Oct 1941. a member of the family, whether permanently or temporarily but for an unbroken term of more than four weeks. Any contract contrary to this provision is inoperative. Penalties for the employer: imprisonment up to one year and a fine up to 10,000 florins.

_3328-PS_, No Jew can exercise any profession and trade _Verordnungsblatt_, No. without authorization from the administrative 44, p. 841, 23 Oct 1941. authorities which may refuse it or set up special conditions for its exercise. Administrative authorities may order the determination or the liquidation of any employment contract concerning a Jew. Any employer may terminate a contract with a Jew by giving notice on the first day of any calendar month if the general legal provisions of the contract provide for a longer term of notice, or if the contract is to expire normally at a date after 31 Jan 1942. An indemnity ranging from one to six times the monthly salary of the dismissed Jew may be, under certain circumstances, allocated as a settlement of all claims against the employer.

_3329-PS_, Exclusion of Jews from Dutch Chamber of Arts _Verordnungsblatt_, No. in which membership is compulsory for all 47, p. 901, 25 Nov 1941. those active in the field of sculpture, architecture, artisan arts, music, literature, theater, film industry and the press. Prohibition for a Jew or a person related to a Jew to be a member of an association affiliated with the Chamber of Arts, to found or to take part in the foundation of such an association or to establish a foundation or to take part in its establishment or to benefit directly or indirectly from its property where such associations or foundations are affiliated with the Chamber of Arts. Penalty: not exceeding 5,000 florins.

_3325-PS_, Exclusion of Jews from the Dutch _Verordnungsblatt_, No. _Arbeitsfront_ (N.A.F.). 11, p. 211, 1 May 1942.

_3336-PS_, Compulsory written declaration by Jews of _Verordnungsblatt_, No. claims of any kind of which they are 13, p. 289, 23 May 1942. beneficiaries to be made at banking firm Lippman, Rosenthal & Co., Amsterdam. Titles and other documents proving the claims are to be delivered to the bank at the time of the declaration, all rights to such claims being vested in the above mentioned bank. The debtor can liberate himself only in the hands of the bank and by so doing is released. The declaration embodies also rights on property or chattels real, participations as in corporations and partnerships; reversions, expectancies.

Collections of all kinds of art objects, art articles, articles of gold, platinum, silver, as well as polished or rough diamonds, semi-precious stones and pearls, belonging in part or in whole, legally or “economically” to a Jew, must be delivered to said bank, with exception of wedding rings and those of a deceased husband, silver watches, used table silver, provided that each person belonging to the family of the owner may keep only a cover consisting of 4 pieces, a knife, a fork, a spoon and a dessert spoon; teeth-fillings of precious metals.

A full recapitulation of the crimes perpetrated against the Jews by the German civil occupation authorities through the instrumentality of orders, decrees, and laws is contained in the statement of the Netherlands Government Commissioner for Repatriation. (_1726-PS_)

The above statement is also evidence of the fact that in February 1941 the first mass deportation of Jews from the Netherlands took place. On that occasion 1000 Jews were arrested and within a few months sent to Buchenwald and/or Mauthausen. Subsequently their ashes were returned to their relatives in Holland, against a payment of 75 florins for each. Deportation continued until September 1943, when the last of the Jews composed of the Jewish Council were sent to Westerbork (Holland). Of 140,000 registered “full” Jewish Netherlanders, 117,000 were deported to the East. (_1726-PS_)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO ARTUR SEYSS-INQUART

│ │ │ Document │ Description │ Vol. │ Page │ │ │ │Charter of the International Military │ │ │ Tribunal, Article 6. │ I │ 5 │International Military Tribunal, │ │ │ Indictment Number 1, Section IV (H);│ │ │ Appendix A. │ I │ 29, 65 │ ———— │ │ │Note: A single asterisk (*) before a │ │ │document indicates that the document │ │ │was received in evidence at the │ │ │Nurnberg trial. A double asterisk (**)│ │ │before a document number indicates │ │ │that the document was referred to │ │ │during the trial but was not formally │ │ │received in evidence, for the reason │ │ │given in parentheses following the │ │ │description of the document. The USA │ │ │series number, given in parentheses │ │ │following the description of the │ │ │document, is the official exhibit │ │ │number assigned by the court. │ │ │ ———— │ │ 091-PS │Letter from Rosenberg to │ │ │Seyss-Inquart, 11 September 1944, │ │ │concerning seizure of a library in │ │ │Amsterdam. │ III │ 152 │ │ │ *176-PS │Report on Einsatzstab Rosenberg, │ │ │Working Group Netherlands, signed │ │ │Schimmer. (USA 707) │ III │ 203 │ │ │ *437-PS │Extract from report, 19 June 1943, by │ │ │Frank to Hitler, concerning situation │ │ │in Poland. (USA 610) │ III │ 396 │ │ │ *812-PS │Letter from Rainer to Seyss-Inquart, │ │ │22 August 1939 and report from │ │ │Gauleiter Rainer to Reichskommissar │ │ │Gauleiter Buerckel, 6 July 1939 on │ │ │events in the NSDAP of Austria from │ │ │1933 to 11 March 1938. (USA 61) │ III │ 586 │ │ │ 997-PS │Top secret report by Seyss-Inquart │ │ │concerning the situation in the │ │ │Netherlands—Exploitation and │ │ │Nazification in period 29 May to 19 │ │ │July 1940. │ III │ 641 │ │ │ 1162-PS │Four Proclamations calling up Dutch │ │ │civilians for Temporary Forced Labor. │ III │ 817 │ │ │ 1163-PS │Posters warning Dutch population of │ │ │reprisals and announcing the shootings│ │ │of hostages. │ III │ 819 │ │ │ 1376-PS │Decree of the Fuehrer concerning the │ │ │exercise of Governmental authority in │ │ │the Lowlands, 20 May 1940. 1940 │ │ │Reichsgesetzblatt, Part I, p. 778. │ III │ 929 │ │ │ 1621-PS │Secret letter from Reichsfuehrer SS to│ │ │General Rauter, 12 November 1942, │ │ │concerning procurement of │ │ │medico-physiological appliances. │ IV │ 136 │ │ │ 1660-PS │Decree for registration for active │ │ │service in Austria in the year 1938 of│ │ │16 June 1938. 1938 Reichsgesetzblatt, │ │ │Part I, p. 631. │ IV │ 171 │ │ │ *1726-PS │Statement of Netherlands Government in│ │ │view of Prosecution and punishment of │ │ │the German Nazi War Criminals. (USA │ │ │195) │ IV │ 227 │ │ │ *1780-PS │Excerpts from diary kept by General │ │ │Jodl, January 1937 to August 1939. │ │ │(USA 72) │ IV │ 360 │ │ │ *1816-PS │Stenographic report of the meeting on │ │ │The Jewish Question, under the │ │ │Chairmanship of Fieldmarshal Goering, │ │ │12 November 1938. (USA 261) │ IV │ 425 │ │ │ 1949-PS │Report of Bureau of Statistics for │ │ │Provinces of the Ostmark, 15 December │ │ │1939, concerning Jews. │ IV │ 586 │ │ │ 2111-PS │Order of Reich Commissioner for │ │ │Occupied Netherlands Territories │ │ │concerning establishment of │ │ │administrative Courts Martial. 1941 │ │ │Verordnungsblatt, p. 190. │ IV │ 735 │ │ │ 2112-PS │Order of the Reich Commissioner for │ │ │Occupied Netherlands Territories │ │ │concerning Jewish Real Estate, 11 │ │ │August 1941. 1941 Verordnungsblatt, p.│ │ │655. │ IV │ 738 │ │ │ *2176-PS │Report on Mauthausen concentration │ │ │camp, by investigating officer, Office│ │ │of Judge Advocate, Third U. S. Army, │ │ │17 June 1945. (USA 249) │ IV │ 836 │ │ │ *2219-PS │Excerpt from letter from Seyss-Inquart│ │ │to Goering, 14 July 1939. (USA 62) │ IV │ 854 │ │ │ 2233-B-PS │Frank Diary. Tagebuch. 1940. Part I. │ │ │January-March. (USA 174) │ IV │ 885 │ │ │ *2233-N-PS │Frank Diary. Tagebuch. 1940. Part II. │ │ │April to June. (USA 614) │ IV │ 907 │ │ │ 2233-CC-PS │Frank Diary. 1939. Entry of 14 │ │ │December at p. 99. │ IV │ 918 │ │ │ 2237-PS │Letter from Reich Commissar for │ │ │Reunion of Austria with the German │ │ │Reich to Goering, 18 November 1938, │ │ │concerning actions against the Jews in│ │ │November 1938. │ IV │ 918 │ │ │ *2246-PS │Report of von Papen to Hitler, 1 │ │ │September 1936, concerning Danube │ │ │situation. (USA 67) │ IV │ 930 │ │ │ *2278-PS │Report of Reichsminister Seyss-Inquart│ │ │to the General Government of Poland, │ │ │concerning official tour from 17 to 22│ │ │November 1939. (USA 706) │ IV │ 953 │ │ │ *2307-PS │Law concerning reunion of Austria with│ │ │German Reich, 13 March 1938. 1938 │ │ │Reichsgesetzblatt, Part I, p. 237. (GB│ │ │133) │ IV │ 997 │ │ │ **2311-PS │Decree of Fuehrer and Reich Chancellor│ │ │concerning Administration of the Oath │ │ │to Officials of Province of Austria, │ │ │15 March 1938. 1938 Reichsgesetzblatt,│ │ │Part I, p. 245. (Referred to but not │ │ │offered in evidence.) │ IV │ 1005 │ │ │ *2463-PS │Telegram from Seyss-Inquart to Hitler,│ │ │11 March 1938, published in Documents │ │ │of German Politics,1939, Vol. VI, Part│ │ │1. (USA 703) │ V │ 207 │ │ │ **2464-PS │Official Austrian communique of the │ │ │reorganization of the Austrian Cabinet│ │ │and general political amnesty, 16 │ │ │February 1938, published in Documents │ │ │of German Politics, 1939, Vol. VI, │ │ │Part 1. (Referred to but not offered │ │ │in evidence.) │ V │ 208 │ │ │ 2465-PS │Announcement of appointment of │ │ │Seyss-Inquart as Federal Chancellor, │ │ │11 March 1938, published in Documents │ │ │of German Politics, 1938, Vol. VI, │ │ │Part 1. (Referred to but not offered │ │ │in evidence.) │ V │ 209 │ │ │ **2466-PS │Official communique of resignation of │ │ │Austrian President Miklas, 13 March │ │ │1938, published in Documents of German│ │ │Politics, 1939, Vol. VI, Part 1. │ │ │(Referred to but not offered in │ │ │evidence.) │ V │ 209 │ │ │ **2469-PS │Official German and Austrian │ │ │communique concerning equal rights of │ │ │Austrian National Socialists in │ │ │Austria, 18 February 1938, published │ │ │in Documents of German Politics, 1939,│ │ │Vol. VI, Part 1. (Referred to but not │ │ │offered in evidence.) │ V │ 210 │ │ │ **2484-PS │Official German communique of visit of│ │ │Austrian Minister Seyss-Inquart to │ │ │Hitler, Berlin, 17 February 1938, │ │ │published in Documents of German │ │ │Politics, 1939, Vol. VI, Part 1. │ │ │(Referred to but not offered in │ │ │evidence.) │ V │ 234 │ │ │ **2485-PS │Address by Federal Chancellor │ │ │Seyss-Inquart from Balcony of City │ │ │Hall at Linz, 12 March 1938, published│ │ │in Documents of German Politics, Vol. │ │ │VI, Part 1, p. 144-145. (Referred to │ │ │but not introduced in evidence.) │ V │ 234 │ │ │ 2613-PS │Extracts from “The Black Book of │ │ │Poland”. │ V │ 332 │ │ │ 2705-PS │Decree of Reich Commissioner for │ │ │Occupied Netherlands Territories for │ │ │avoidance of cruelty to animals in │ │ │slaughtering, from Official Gazette │ │ │for Occupied Netherlands Territories, │ │ │3 August 1940. │ V │ 374 │ │ │ 2909-PS │Affidavit of August Eigruber, 9 │ │ │November 1945. │ V │ 578 │ │ │ *2910-PS │Certificate of defendant │ │ │Seyss-Inquart, 10 November 1945. (USA │ │ │17) │ V │ 579 │ │ │ **2936-PS │Instruction of the Fuehrer and Reich │ │ │Chancellor concerning the Austrian │ │ │Federal Army, 13 March 1938, published│ │ │in Documents of German Politics, 1938,│ │ │Vol. VI, Part 1, p. 150. (Referred to │ │ │but not offered in evidence.) │ V │ 604 │ │ │ *2949-PS │Transcripts of telephone calls from │ │ │Air Ministry, 11-14 March 1938. (USA │ │ │76) │ V │ 628 │ │ │ **2994-PS │Affidavit of Kurt von Schuschnigg, │ │ │former Chancellor of Austria, │ │ │concerning Austrian-German Treaty of │ │ │11 July 1936. (USA 66) (Objection to │ │ │admission in evidence upheld.) │ V │ 703 │ │ │ 2995-PS │Affidavit of Kurt von Schuschnigg, │ │ │former Chancellor of Austria, │ │ │concerning his visit to Berchtesgaden │ │ │on 12 February 1938. │ V │ 709 │ │ │ 3147-PS │The Administration of the Occupied │ │ │Polish Territory, published in The │ │ │Archives, No. 67. │ V │ 910 │ │ │ *3254-PS │The Austrian Question, 1934-1938, by │ │ │Seyss-Inquart, 9 September 1945. (USA │ │ │704) │ V │ 961 │ │ │ 3270-PS │Goering’s speech on 27 March in │ │ │Vienna, published in Documents of │ │ │German Politics, Vol. VI, Part 1, p. │ │ │183. (USA 703) │ V │ 1047 │ │ │ *3271-PS │Letter from Seyss-Inquart to Himmler, │ │ │19 August 1939. (USA 700) │ V │ 1047 │ │ │ 3323-PS │Decree concerning obligation to │ │ │register persons who are entirely or │ │ │partly of Jewish race, from Official │ │ │Gazette for Occupied Dutch │ │ │Territories, 1941. │ VI │ 39 │ │ │ 3325-PS │Decree referring to Jewish students, │ │ │published in Official Gazette for │ │ │Occupied Dutch Territories, 1941. │ VI │ 43 │ │ │ 3326-PS │Decree concerning blocking of property│ │ │belonging to Jews who emigrated to │ │ │Netherlands, from Official Gazette for│ │ │Occupied Dutch Territories. │ VI │ 44 │ │ │ 3328-PS │Decree concerning regulation of │ │ │professional activities of Jews, from │ │ │Official Gazette for Occupied Dutch │ │ │Territories, year 1941. │ VI │ 45 │ │ │ 3329-PS │Decree concerning Netherlands Chamber │ │ │of Culture, from Official Gazette for │ │ │Occupied Dutch Territories, year 1941.│ VI │ 48 │ │ │ 3333-PS │Decree concerning registration of │ │ │business enterprises, from Official │ │ │Gazette for Occupied Dutch │ │ │Territories, year 1940. │ VI │ 58 │ │ │ 3334-PS │Decree concerning employment of │ │ │Germans in Jewish households, from │ │ │Official Gazette for Occupied Dutch │ │ │Territories, year 1940. │ VI │ 62 │ │ │ 3336-PS │Order concerning treatment of Jewish │ │ │property, from Official Gazette for │ │ │Occupied Dutch Territories, year 1942.│ VI │ 64 │ │ │ 3339-PS │Order concerning marriages of male │ │ │persons of German Nationality in │ │ │Occupied Netherlands Territories, from│ │ │Official Gazette for Occupied Dutch │ │ │Territories, year 1941. │ VI │ 71 │ │ │ 3340-PS │First Order concerning extraordinary │ │ │measures of a Constitutional and │ │ │Administrative nature, 1 March 1941, │ │ │from Official Gazette for Occupied │ │ │Dutch Territories, year 1941. │ VI │ 72 │ │ │ 3341-PS │Third Order concerning certain │ │ │provision in connection with │ │ │Netherlands Nationality, 8 August │ │ │1941, from Official Gazette for │ │ │Occupied Dutch Territories, year 1941.│ VI │ 73 │ │ │ 3342-PS │Eighth Order concerning Special │ │ │Measures affecting Administrative │ │ │Organization, 11 August 1941, from │ │ │Official Gazette of Occupied Dutch │ │ │Territories, year 1941. │ VI │ 74 │ │ │ 3391-PS │Letter from Seyss-Inquart to Hitler, │ │ │30 September 1938. │ VI │ 108 │ │ │ 3392-PS │Letter from Seyss-Inquart to Keppler, │ │ │3 September 1937. │ VI │ 109 │ │ │ *3397-PS │Letter from Keppler to Seyss-Inquart, │ │ │8 January 1938. (USA 702) │ VI │ 115 │ │ │ *3398-PS │Letter from Seyss-Inquart to Himmler, │ │ │4 November 1939. (USA 885) │ VI │ 116 │ │ │ 3400-PS │Minutes of meeting of German │ │ │Association, 28 December 1918, and │ │ │Constitution and By-Laws thereof found│ │ │in personal files of Seyss-Inquart for│ │ │period of 1918 to 1943. │ VI │ 118 │ │ │ 3425-PS │Voluntary statement made by │ │ │Seyss-Inquart with advice of counsel, │ │ │10 December 1945. (USA 701) │ VI │ 124 │ │ │ *3430-PS │Extract from Four Years in Holland, │ │ │1944. (USA 708) │ VI │ 135 │ │ │ 3446-PS │Memorandum relating to report and │ │ │letter of Reich Fuehrer SS and Chief │ │ │of the German Police, 13 October 1938.│ VI │ 153 │ │ │ *3447-PS │Letter from Dr. Lammers to │ │ │Seyss-Inquart. (USA 887) │ VI │ 156 │ │ │ *3448-PS │Letter from Seyss-Inquart to Dr. │ │ │Lammers, 23 October 1938. (USA 886) │ VI │ 156 │ │ │ 3449-PS │Letter to Reichsfuehrer SS and Chief │ │ │of German Police, January 1939. │ VI │ 157 │ │ │ *3450-PS │Decree of 18 November 1938 concerning │ │ │sequestration and confiscation of │ │ │property of enemies of the State of │ │ │Austria. (USA 888) │ VI │ 157 │ │ │ 3457-PS │Extract concerning Seyss-Inquart from │ │ │The Archive, 1943-44, p. 720. │ VI │ 158 │ │ │ *3460-PS │Speech by Goering, from Hermann │ │ │Goering Speeches and Papers. (USA 437)│ VI │ 160 │ │ │ *3465-PS │Speech by Hans Frank, from Frank │ │ │Diary, 1940, Vol. II, pp. 510-511. │ │ │(USA 614) │ VI │ 166 │ │ │ 3467-PS │Law on Limitation of travel to │ │ │Republic Austria, 29 May 1933. 1933 │ │ │Reichsgesetzblatt, Part I, No. 57, p. │ │ │311. │ VI │ 169 │ │ │ *3468-PS │Decree concerning establishment of │ │ │administration of occupied Polish │ │ │territories, from Documents of German │ │ │Politics, 1939, Part 2, pp. 674-682. │ │ │(USA 705) │ VI │ 169 │ │ │ 3473-PS │Letter from Keppler to Goering, 6 │ │ │January 1938, giving details of Nazi │ │ │intrigue in Austria. (USA 581) │ VI │ 197 │ │ │ 3522-PS │Letter from Konrad Henlein to │ │ │Seyss-Inquart, 17 March 1938. │ VI │ 212 │ │ │ 3523-PS │Letter from Seyss-Inquart to Henlein, │ │ │29 December 1937. │ VI │ 213 │ │ │ 3588-PS │Order concerning exercise of │ │ │Governmental authority in Netherlands,│ │ │29 May 1940, from Official Gazette for│ │ │Occupied Dutch Territories, 1940. │ VI │ 282 │ │ │ *3722-PS │Testimony of Fritz Sauckel, 5 October │ │ │1945. (USA 224) │ VI │ 459 │ │ │ 3732-PS │Testimony of Seyss-Inquart, 9 October │ │ │1945. │ VI │ 539 │ │ │ *C-102 │Document signed by Hitler relating to │ │ │operation “Otto”, 11 March 1938. (USA │ │ │74) │ VI │ 911 │ │ │ *C-182 │Directive No. 2 from Supreme Commander│ │ │Armed Forces, initialled Jodl, 11 │ │ │March 1938. (USA 77) │ VI │ 1017 │ │ │ *D-571 │Official report of British Minister in│ │ │Prague to Viscount Halifax, 21 March │ │ │1939. (USA 112) │ VII │ 88 │ │ │ EC-86 │Report on financial contributions of │ │ │the Occupied Areas. │ VII │ 264 │ │ │ ECR-174 │Report of the Commissar of the │ │ │Netherlands Bank for the month May │ │ │1941, dated 12 June 1941. │ VII │ 726 │ │ │ ECR-195 │Letter from RKK Amsterdam to Central │ │ │Administration of RKK Berlin, 21 April│ │ │1942, concerning Dutch East Help. │ VII │ 747 │ │ │ L-26 │United Nations Information │ │ │Organization Report No. 8, 14 June │ │ │1944 “Conditions in Occupied │ │ │Territories.” │ VII │ 771 │ │ │ L-151 │Report from Ambassador Bullitt to │ │ │State Department, 23 November 1937, │ │ │regarding his visit to Warsaw. (USA │ │ │70) │ VII │ 894 │ │ │ L-231 │Telegram from American Legation in │ │ │Vienna to U. S. Secretary of State, 13│ │ │March 1938. │ VII │ 1093 │ │ │ *Chart No. 1 │National Socialist German Workers’ │ │ │Party. (2903-PS; USA 2) │ VIII │ 770

20. CONSTANTIN VON NEURATH

A. _POSITIONS AND HONORS HELD BY VON NEURATH._

He was a member of the Nazi Party from 30 January 1937 until 1945, and was awarded the Golden Party Badge on 30 January 1937.

He was General in the SS. He was personally appointed _Gruppenfuehrer_ by Hitler in September 1937, and was promoted to _Obergruppenfuehrer_ on 21 June 1943.

He was Reich Minister of Foreign Affairs under the Chancellorship of von Papen from 2 June 1932, and under the Chancellorship of Hitler from 30 January 1933 until he was replaced by von Ribbentrop on 4 February 1938.

He was Reich Minister from 4 February 1938 until May 1945.

He was President of the Secret Cabinet Council, to which he was appointed on 4 February 1938.

He was a member of the Reich Defense Council.

He was Reichs Protector for Bohemia and Moravia from 18 March 1939 until he was replaced by Frick on 25 August 1943.

He was awarded the _Adlerorden_ by Hitler at the time of his appointment as Reich Protector. Ribbentrop was the only other German to receive this decoration.

These facts are collected in a document signed by von Neurath and his counsel (_2972-PS_). Von Neurath comments on certain of these matters. He says that the award of the Golden Party Badge was made on 30 January 1937 against his will and without his being asked. Yet he not only refrained from repudiating the allegedly unwanted honor, but after receiving it attended meetings at which wars of aggression were planned, actively participated in the forcible annexation of Austria, and tyrannized over Bohemia and Moravia.

He also contends that his appointment as SS _Gruppenfuehrer_ was also against his will and without his being asked. But in this connection, his wearing of the SS uniform, his receipt of the further promotion to _Obergruppenfuehrer_, and the actions against Bohemia and Moravia must be considered. In addition, von Neurath says that his appointment as Foreign Minister was by Reichspresident von Hindenburg. Yet President von Hindenburg died in 1934, and von Neurath continued as Foreign Minister until 1938, under the chancellorship first of von Papen and then of Hitler. He further claims that he was an inactive Minister from 4 February 1938 until May 1945. His activities in this connection will be mentioned below, particularly with regard to Bohemia and Moravia.

Von Neurath next alleges that the Secret Cabinet Council never sat or conferred. This Council, of which von Neurath was president, has been authoritatively described as a select committee of the Cabinet for the deliberation of foreign affairs, directly subordinated to the Fuehrer for counsel and assistance (_1774-PS_):

“A Privy Cabinet Council, to advise the Fuehrer in the basic problems of foreign policy, has been created by the decree of 4 February 1938 * * * This Privy Cabinet Council is under the direction of Reich-Minister v. Neurath, and includes the Foreign Minister, the Air Minister, the Deputy Commander for the Fuehrer, the Propaganda Minister, the Chief of the Reich-Chancellery, the Commanders-in-Chief of the Army and Navy and the Chief of the Supreme Command of the Armed Forces. The Privy Cabinet Council constitutes a select staff of collaborators of the Fuehrer which consists exclusively of members of the Government of the Reich; thus, it represents a select committee of the Reich Government for the deliberation on foreign affairs.” (_1774-PS_)

The formal composition of this body is shown in 2031-PS. Von Neurath held himself out as a member of this body by communicating with the British Ambassador on Secret Cabinet Council stationery. (_3287-PS_)

Von Neurath, finally, objects that he was not a member of the Reich Defense Council. This Council was set up soon after Hitler’s accession to power, on 4 April 1933 (_2261-PS_). In an affidavit by Frick (_2986-PS_), this Council is described as follows:

“* * * We were also members of the Reich Defense Council, which was supposed to plan preparations in case of war which later on were published by the Ministerial Council for the Defense of the Reich.” (_2986-PS_)

The membership of this Council included the Minister for Foreign Affairs, who was then von Neurath. This is shown by a document giving the composition of the Reich Defense Council, and including among permanent members the Minister for Foreign Affairs (_EC-177_). That document is dated “Berlin, 22 May 1933,” which was during von Neurath’s tenure of that office.

The functioning of the Reich Defense Council, with a representative of von Neurath’s ministry, von Buelow, present, is shown by the minutes of the 12th meeting on 14 May 1936 (_EC-407_). Under the secret law of 4 September 1938 von Neurath was a member of the Reich Defense Council by virtue of his presidency of the Secret Cabinet Council. This fact is shown by the enclosure of a copy of that law in a letter addressed to von Neurath as Reich Protector for Bohemia and Moravia on 6 September 1939 (_2194-PS_). It is curious that the Reich Protector for Bohemia and Moravia denies his membership in the Council when the letter enclosing the law is one addressed to him. This law describes the tasks of the Council as follows:

“The task of the Reich Defense Council consists, in peace-time, of the decision on all measures for the preparation of Reich defense, and the gathering together of all forces and means of the nation according to the directions of the Leaders and Reich Chancellor. The tasks of the Council in wartime will be especially determined by the Leader and Reich Chancellor.” (_2194-PS_)

The law also lists the permanent members of the Council, and the seventh one is the President of the Secret Cabinet Council, who was von Neurath.

B. _VON NEURATH’S PART, AS FOREIGN MINISTER, IN THE CONSPIRACY FOR THE BREACH OF TREATY OBLIGATIONS._

In assuming the position of Minister of Foreign Affairs in Hitler’s Cabinet, von Neurath assumed charge of a foreign policy committed to breach of treaties.

The Nazi Party had repeatedly and for many years made known its intention to overthrow Germany’s international commitments, even at the risk of war. Sections 1 and 2 of the Party Program (_1708-PS_), which was published year after year, declared:

“1. We demand the unification of all Germans in the Greater Germany on the basis of the right of self-determination of peoples.

“2. We demand equality of rights for the German people in respect to the other nations; abrogation of the peace treaties of Versailles and St. Germain.” (_1708-PS_)

An even clearer statement of these goals is contained in Hitler’s speech at Munich on 15 March 1939, in which he said:

“My foreign policy had identical aims. My program was to abolish the Treaty of Versailles. It is futile nonsense for the rest of the world to pretend today that I did not reveal this program until 1933 or 1935 or 1937. Instead of listening to this foolish chatter of emigres, these gentlemen would have been wiser to read what I have written thousands of times.” (_2771-PS_)

If it is “futile nonsense” for foreigners to raise that point, it would be still more futile for Hitler’s Foreign Minister to suggest that he was ignorant of the aggressive designs of Nazi policy. The acceptance of force as a means of solving international problems and achieving the objectives of Hitler’s foreign policy must have been known to anyone as closely in touch with Hitler as was von Neurath. This doctrine, for example, is constantly reiterated in _Mein Kampf_ (_D-660_). (See Section 6 of Chapter IX on Aggression as a Basic Nazi Idea.)

Hence, by the acceptance and implementation of this foreign policy, von Neurath assisted and promoted the realization of the illegal aims of the Nazi Party.

C. _VON NEURATH’S PART, AS FOREIGN MINISTER, IN THE CONSPIRACY TO CONSOLIDATE NAZI CONTROL OVER GERMANY IN PREPARATION FOR AGGRESSIVE WAR._

In his capacity as Minister of Foreign Affairs von Neurath directed the international aspects of the first phase of the Nazi conspiracy, the consolidation of control in preparation for war.

From his close connection with Hitler von Neurath must have known the cardinal points of Hitler’s policy leading up to the outbreak of World War II, as outlined in retrospect by Hitler in his speech to his military leaders on 23 November 1939 (_789-PS_). This policy had two facets: internally, the establishment of rigid control; externally, the program to release Germany from its international commitments. The external program had four points:

1. Secession from the disarmament conference;

2. The order to re-arm Germany;

3. The introduction of compulsory military service; and

4. The remilitarization of the Rhineland.

These points were set out in Hitler’s address of 23 November 1939, after the invasion of Poland:

“* * * I had to reorganize everything beginning with the mass of the people and extending it to the armed forces. First, reorganization of the interior, abolishment of appearance of decay and defeatist ideas, education to heroism. While reorganizing the interior, I undertook the second task, to release Germany from its international ties. Two particular characteristics are to be pointed out: secession from the League of Nations and denunciation of the disarmament conference. It was a hard decision. The number of prophets who predicted that it would lead to the occupation of the Rhineland was large, the number of believers was very small. I was supported by the nation, which stood firmly behind me, when I carried out my intentions. After that, the order for rearmament. Here again there were numerous prophets who predicted misfortunes, and only a few believers. In 1935 the introduction of compulsory armed service. After that, militarization of the Rhineland, again a process believed to be impossible at that time. The number of people who would trust in me were very small. Then the beginning of the fortification of the whole country, especially in the West.” (_789-PS_)

Hitler thus summarized his pre-war foreign policy in four points. Von Neurath participated directly and personally in accomplishing each of these four points, at the same time officially proclaiming that these measures did not constitute steps toward aggression. The first is a matter of history. When Germany left the disarmament conference von Neurath sent telegrams, dated 14th October 1933, to the President of the Conference announcing Germany’s withdrawal (Documents of German Politics, 1933, vol. I, p. 94). Similarly, von Neurath made the announcement of Germany’s withdrawal from the League of Nations on 21 October 1933. (Documents of German Politics, 1933, vol. I). At the same time, the German government was undertaking far-reaching military preparation (_C-140_; _C-153_).

The second point regarding German rearmament: When von Neurath was Foreign Minister, on 10 March 1935, the German Government officially announced the establishment of the German air force (_TC-44_). On 21 May 1935, Hitler announced a purported unilateral repudiation of the Naval, Military, and Air clauses of the Treaty of Versailles and the Treaty for the Restoration of Friendly Relations with the United States (_2288-PS_). On the same day the Reich Cabinet, of which von Neurath was a member, enacted the secret Reich Defense Law creating the office of Plenipotentiary General for War Economy (_2261-PS_), afterwards described by the _Wehrmacht_ armament expert as “the cornerstone of German rearmament” (_2353-PS_):

“The latter orders were decreed in the Reich defense law of 21 May 1935, which was supposed to be published only in case of war, and was already declared valid for carrying out war preparations. As this law fixed the duties of the armed forces and the other Reich authorities in case of war, it was also the fundamental ruling for the development and activity of the war economy organization.” (_2353-PS_)

The third point is the introduction of compulsory military service. On 16 March 1935 von Neurath signed the law for the organization of the armed forces, which provided for universal military service and anticipated a vastly expanded German army (_Reichsgesetzblatt_, 1935, I, p. 369) (_1654-PS_). This was described by Keitel as the real start of the large-scale rearmament program which followed.

The fourth point was the remilitarization of the Rhineland. The Rhineland was reoccupied on 7 March 1936. This action was announced by Hitler (_2289-PS_), who had also previously given the order for “Operation Schulung,” directing the military action which was to be taken if necessary (_C-139_). These were acts for which von Neurath shared responsibility from his position and from the steps which he took. Some time later he summed up his views on the actions detailed above in a speech to Germans abroad, on 29 August 1937:

“The unity of the racial and national will created through Nazism with unprecedented elan has made possible a foreign policy through which the bonds of the Versailles Treaty were slashed, freedom to arm regained, and the sovereignty of the whole nation reestablished. We have again become master in our own home, and we have produced the means of power to remain henceforth that way for all times. The world should notice from Hitler’s deeds and words that his aims are not aggressive war.” (_D-449_)

D. _VON NEURATH’S PART, AS FOREIGN MINISTER AND ADVISOR TO THE FUEHRER, IN THE PLANNING OF WARS OF AGGRESSION._

Both as Minister of Foreign Affairs and as one of the inner circle of the Fuehrer’s advisors on foreign political matters, von Neurath participated in the political planning and preparation for acts of aggression against Austria, Czechoslovakia, and other nations.

(1) _The von Neurath technique._ If von Neurath’s policy may be described in a sentence it may be summarized as breaking one treaty only at a time. He himself put it slightly more pompously but to the same effect in a speech before the Academy of German Law on 30 October 1937:

“* * * Out of the acknowledgment of these elementary facts the Reich Cabinet has always interceded in favor of treating every concrete international problem within methods especially suited for it, not to complicate it unnecessarily by amalgamation with other problems, and as long as problems between only two powers are concerned to choose the way for an immediate understanding between these two powers. We are in a position to state that this method has fully proved itself good not only in the German interest, but also in the general interest.” (_D-471_)

The only countries whose interests von Neurath failed to mention in that speech are the other parties to the various treaties that were dealt with in that way. The working out of that policy can be seen from a brief summary of the actions of von Neurath when he was Foreign Minister, and those of his immediate successor when von Neurath still purported to have influence.

In 1935 action was directed against the Western Powers, in the form of the rearmament of Germany. When that was going on another country had to be reassured. At that time it was Austria, which still had—up to 1935—the support of Italy. Hence, the fraudulent and clearly false assurance, the essence of the technique in that case, given by Hitler, on 21 May 1935. (_TC-26_)

Then, in 1936, action was again taken against the Western Powers in the occupation of the Rhineland. Another fraudulent assurance was made to Austria in the Treaty of 11 July of that year, (_TC-22_) the deceitful nature of which is shown by letters from von Papen. (_2246-PS_; _2247-PS_)

Then, in 1937 and 1938, the Nazis moved on a step and action was directed against Austria. That action was absorption, finally planned, at the latest, at the meeting on 5 November 1937 (_386-PS_). The action was taken on 11 March 1938. Reassurance had to be given to the Western Powers; hence the assurance to Belgium on 13 October 1937. (_TC-34_)

Less than a year later the object of the aggressive action was Czechoslovakia. The Sudetenland was obtained in September 1938, and the whole of Bohemia and Moravia was absorbed on 15 March 1939. At that time it was necessary to reassure Poland; so an assurance to Poland was given by Hitler oh 20 February 1938 (_2357-PS_), and repeated up to 26 September 1938 (_2358-PS_). The falsity of that assurance is shown in Section 8 of Chapter IX on Aggression Against Poland.

Finally, when the Nazis decided to take action for the conquest of Poland in the next year, assurance had to be given to Russia. Hence, a non-aggression pact was entered into with the U.S.S.R. on 23 August 1939. (_TC-25_)

With regard to the foregoing summary, the Latin tag, _res ipsa loquitur_ is apposite. But a frank statement from von Neurath with regard to the earlier part of it is found in the account of his conversation with the United States Ambassador, Mr. Bullitt, on 18 May 1936 (_L-150_):

“Von Neurath said that it was the policy of the German Government to do nothing active in foreign affairs until ‘the Rhineland had been digested.’ He explained that he meant that, until the German fortifications had been constructed on the French and Belgian frontiers, the German Government would do everything possible to prevent rather than encourage an outbreak by the Nazis in Austria and would pursue a quiet line with regard to Czechoslovakia. ‘As soon as our fortifications are constructed and the countries of Central Europe realize that France cannot enter German territory at will, all those countries will begin to feel very differently about their foreign policies and a new constellation will develop,’ he said.” (_L-150_)

The conversation between von Papen as Ambassador and Mr. Messersmith is much to the same effect. (_1760-PS_)

(2) _Austria._ At the time of the aggression against Austria von Neurath was Foreign Minister. This included the preliminary stages, during the early Nazi plottings against Austria in 1934. In this period occurred the Nazi murder of Chancellor Dolfuss and the ancillary acts which were afterwards so strongly approved by the German Government. (See Section 3 of Chapter IX on Aggression Against Austria.) Von Neurath was also Foreign Minister when the false assurance was given to Austria on 21 May 1935 (_TC-26_) and the fraudulent treaty was made on 11 July 1936 (_TC-22_). And von Neurath was Foreign Minister when his ambassador to Austria, von Papen, was carrying on his subterranean intrigue in the period from 1935 to 1937. (_2247-PS_; _2246-PS_)

Von Neurath was present when Hitler declared, in a highly confidential circle, on 5 November 1937, that the German question could only be solved by force, and that his plans were to conquer Austria and Czechoslovakia (_386-PS_). Hitler expressed his designs on Austria as follows:

“* * * For the improvement of our military political position, it must be our first aim in every case of entanglement by war to conquer Czechoslovakia and Austria simultaneously, in order to remove any threat from the flanks in case of a possible advance westwards.” (_386-PS_)

It is impossible for von Neurath, after that meeting, to say that he was not acting except with his eyes completely open and with complete comprehension as to what was intended.

During the _Anschluss_ von Neurath received a note from the British Ambassador dated 11 March 1938 (_3045-PS_). In reply von Neurath uttered two obvious untruths. The first:

“* * * It is untrue that the Reich used forceful pressure to bring about this development, especially the assertion, which was spread later by the former Chancellor Schuschnigg, that the German Government had presented the Federal President with a conditional ultimatum. It is a pure invention.” (_3287-PS_)

According to the German ultimatum, Schuschnigg had to appoint a proposed candidate as Chancellor and form a Cabinet conforming to the proposals of the German Government. Otherwise the invasion of Austria by German troops was held in prospect. (See Section 3 of Chapter IX on Aggression Against Austria.) The second untruth:

“The truth of the matter is that the question of sending military or police forces from the Reich was only brought up when the newly formed Austrian Cabinet addressed a telegram, already published by the press, to the German Government, urgently asking for the dispatch of German troops as soon as possible, in order to restore peace and order and to avoid bloodshed. Faced with the immediately threatening danger of a bloody civil war in Austria the German Government then decided to comply with the appeal addressed to it.” (_3287-PS_)

(As to the inspired nature of the Austrian telegram, see Section 3 of