Judgment
[Page 132]
DISSENTING OPINION of the Soviet Member of the International
Military Tribunal, Major General Jurisprudence I.T.
Nikitchenko on the Judgment concerning defendants Schacht,
von Papen, Fritzsche and Hess and the accused organisations
Reichscabinet, General Staff, and OKW.
The Tribunal decided:
b) To sentence the defendant Rudolf Hess to life
imprisonment;
c) Not to declare criminal the following
organisations: the Reichscabinet, General Staff,
and OKW.
In this respect I can not agree with the decision adopted by
the Tribunal as it does not correspond to the facts of the
case and is based on incorrect conclusions.
I. The unfounded acquittal of defendant Schacht.
The evidence, submitted to the Tribunal in the case of
Schacht, confirms the following facts:
(a) Schacht established contact with Goering in December,
1930, and with Hitler at the beginning of 1931. He
subsequently established contact between the leadership of
the Nazi Party and the foremost representatives of the
German industrial and financial circles. This, in
particular, is confirmed by the testimony of Witness
Severing (Transcript, Afternoon Session, 23rd May, 1946; US-
615).
(b) In July, 1932 Schacht demanded that von Papen resign his
post as Reich Chancellor in favor of Hitler. This fact is
confirmed by von Papen's testimony at the preliminary
interrogation and by Schacht's own testimony in Court
(Transcript, Afternoon Session, 2nd May, 1946).
(c) In November, 1932, Schacht collected signatures of
German industrialists urging them to come out for Hitler's
appointment as Reich Chancellor. On 12th November, 1932
Schacht wrote to Hitler:
(d) In February, 1933, Schacht organized the financing of
the pre-election campaign conducted by the Nazi Party, and
demanded at the conference of Hitler and Goering with the
industrialists that the latter provide three million marks
(D-203). Schacht admitted in Court that he had pointed out
the necessity for providing the Nazi leaders with this sum
(Transcript, Afternoon Session, 3rd May, 1946), while the
defendant Funk and the former member of the management of
"I. G. Farbenindustrie" Schnitzler, who were present at this
conference, both confirmed that it was Schacht who was the
initiator of the financing of the pre-election campaign
(Transcript, 4th July, 1946; EC-439, US-618).
(e) Utilizing his prestige, Schacht also repeatedly admitted
in his public statements that he asked for the support in
the elections of both the Nazi Party and of Hitler (US-615;
Transcript, Afternoon Session, 2nd May, 1946).
On 29th August, 1932, Schacht wrote to Hitler:
[Page 133]
Thus, Schacht consciously and deliberately supported the
Nazi Party and actively aided in the seizure of power in
Germany by the Fascists. Even prior to his appointment as
Plenipotentiary for War Economy, and immediately after the
seizure of power by the Nazis Schacht led in planning and
developing the German armaments, as follows:
(a) On 17th March, 1933, Schacht was appointed President of
the Reichsbank (PS-3021, US-ll), and as he himself stated in
a speech before his Reichsbank colleagues on 21st March,
1938, the Reichsbank under his management was "none other
than a National Socialist institution" (Transcript,
Afternoon Session, 3rd May, 1946).
(b) In August, 1934, Schacht was appointed Reich Minister of
Economy (PS-3021, US-ll). His Ministry "was given the task
of carrying out the economic preparation for war" (EC-128,
US-623). A special decree granted Schacht, in his capacity
of Reich Minister of Economy, unlimited authority in the
field of economy ("Reichsgesetzblatt" for 1934, Part I, p.
565).
(c) Making use of these powers in 1934 Schacht launched upon
the execution of the "new program" developed by him
("Reichsgesetzblatt" 1934, Part I, p. 826), and, as
Schacht himself noted in his speech of 29th November, 1938,
this organisation played a tremendous part in the course of
Germany's rearmament (EC-611, US-62).
(d) For the purpose of the most effective execution of this
"new program" Schacht used the property and means of those
political enemies of the Nazi regime, who either became the
victims of terror or were forced to emigrate (Schacht's note
to Hitler of 3rd May, 1939; PS-1168, US-137).
Schacht used swindler's tactics and coercion in an effort to
acquire raw material and foreign currency for armaments
(Affidavit of Vice-President of the Reichsbank, Puhl EC-437,
US-624).
(e) During the first days of his association with the
Reichsbank, Schacht issued a series of decrees (27th
October, 1933, 23rd March, 1934, 19th February, 1935), which
in the long run helped realize the broad program of the
financing of armaments, developed by him, and with the aid
of which, as he testified, he "had found the way to finance
the rearmament program.
The Unfounded Acquittal of defendant Schacht
In his speech in Leipzig on 4th March, 1935, Schacht, while
summing up his preceding economic and financial activities,
announced "everything that I say and do has the Fuehrer's
full agreement and I shall not do or say anything which is
not approved by the Fuehrer" (Transcript, Afternoon Session,
3rd May, 1946).
Having become the Plenipotentiary General for War Economy,
Schacht unified under himself the leadership of the entire
German economy and through his efforts the establishment of
the Hitlerite war machine was accomplished.
(a) The secret law of 21st May, 1935, which appointed
Schacht the Plenipotentiary General for War Economy, states
as follows: "The task of the Plenipotentiary General for War
Economy is to place all the economic resources in the
service of warfare. The Plenipotentiary General for War
Economy within the framework of his functions is given the
right to issue legal orders, deviating from the existing
laws. He is the responsible head for financing wars through
the Reich Ministry and the Reichsbank" (PS-2261, US-24).
(b) Schacht financed German armaments through the Mefo
system of promissory notes, which was a swindling venture on
a national scale that has no precedent, and the success of
which was dependent upon the realization of the aggressive
plans of the Hitlerites. It was because of this that Schacht
set 1942 as the date when the Mefo notes were to mature, and
he pointed
[Page 134]
out in his speech of 29th November, 1938 the relation
between "the daring credit policy" of the Reichsbank and the
aims of the Hitlerite foreign policy (EC-611, US-622).
(c) Having made full use of his plenary powers, Schacht
carefully developed and carried out a broad program of
economic mobilization which allowed the Hitlerite leaders to
wage war at any time considered most favorable. In
particular, from the report of Schacht's deputy, Wohltat,
"the preparation for mobilization carried out by the
Plenipotentiary for War Economy" shows that Schacht provided
to the last detail for the system of exploitation of the
German economy in war time, all the way from the utilization
of industrial enterprises, of raw material resources and
manpower down to the distribution of 80,000,000 ration cards
(EC-258, US-625). It is significant that this report was
drawn up a month after Hitler's statement at the conference
of 5th November, 1937, at which Hitler set forth this
concrete plan of aggression (PS-386, US-25).
Summarizing his past activity, Schacht wrote in January,
1937: "I worked out the preparation for war in accordance
with the principle that the plan of our war economy must be
built in peace time in such a way that there will be no
necessity for any reorganisation in case of war" Schacht
confirmed his statement in court (Transcript, Afternoon
Session, 2nd May, 1946).
Schacht consciously and deliberately prepared Germany for
war.
(d) The former Minister of War von Blomberg testified that:
"Schacht was fully cognizant of the plans for development
and increase of the German Armed Forces, since he was
constantly informed ..of all the financing necessary for the
development of the German armed forces" (US-838).
On 31st August, 1936, von Blomberg informed Schacht that:
"The establishment of all the Air Force units must be
completed by 1st April, 1937, and therefore large
expenditures must be entailed in 1936 . . ." (PS-1301, US-
123).
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Dissenting Soviet Opinion:
Schacht
(Part 1 of 2)
a) To acquit the Defendants Hjalmar Schacht, Franz
von Papen and Hans Fritzsche;
"I have no doubt that the way we are directing the
course of events can only lead to your appointment
as Reich Chancellor. We are trying to secure a
large number of signatures among the industrial
circles to ensure your appointment to this post."
(EC-456, US-773; PS-3901, US-837)
"No matter where my activities lead me in the near
future, even if some day you see me imprisoned in
a fortress, you can always depend on me as your
loyal aide" (EC-457, US-619).
The
original plaintext version of this file is available via
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