Accordingly :

(1) The Nazi conspirators destroyed the free trade unions in Germany by confiscating their funds and properties, persecuting their leaders, prohibiting their activities, and supplanting them by an affiliated Party Organisation. The leadership principle was introduced into industrial relations, the entrepreneur becoming the leader and the workers becoming his followers. Thus any potential resistance of the workers was frustrated and the productive labour capacity of the German nation was brought under the effective control of the conspirators.

(2) The Nazi conspirators, by promoting beliefs and practices incompatible with Christian teaching, sought to subvert the influence of the Churches over the people and, in particular over the youth of Germany. They avowed their aim to eliminate the Christian Churches in Germany and sought to substitute therefor Nazi institutions and Nazi beliefs, and pursued a programme of persecution of priests, clergy and members of monastic orders whom they deemed opposed to their purposes, and confiscated church property.

(3) The persecution by the Nazi conspirators of pacifist groups, including religious movements dedicated to pacifism, was particularly relentless and cruel.

(d) Implementing their "master race" policy, the conspirators joined in a programme of relentless persecution of the Jews, designed to exterminate them. Annihilation of the Jews became an official State policy, carried out both by official action and by incitements to mob, and individual violence. The conspirators openly avowed their purpose. For example, the defendant Rosenberg stated: " Anti-Semitism is the unifying element of the reconstruction of Germany." On another occasion he also stated: "Germany will regard the Jewish question as solved only after the very last Jew has left the greater German living space...Europe will have its Jewish question solved only after the very last Jew has left the continent."

The defendant Ley declared:

"We swear we are not going to abandon the struggle until the last Jew in Europe has been exterminated and is actually dead. It is not enough to isolate the Jewish enemy of mankind - the Jew has got to be exterminated."

On another occasion he also declared:

"The second German secret weapon is anti-Semitism, because if it is consistently pursued by Germany, it will become a universal problem which all nations will be forced to consider."

The defendant Streicher declared:

" The sun will not shine on the nations of the earth until the last Jew is dead."

These avowals and incitements were typical of the declarations of

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the Nazi conspirators throughout the course of their conspiracy. The programme of action against the Jews included disfranchisement, stigmatisation, denial of civil rights,subjecting their persons and property to violence, deportation, enslavement, enforced labour, starvation, murder and mass extermination. The extent to which the conspirators succeeded in their purpose can only be estimated, but the annihilation was substantiallycomplete in many localities of Europe. Of the 9,6000,00 Jews who lived in the parts of Europe under Nazi domination, it is conservatively estimated that 5,700,000 have disappeared, most of them deliberately put to death by the Nazi conspirators. Only remnants of the Jewish population of Europe remain.

(e) In order to make the German people amenable to their. will, and to prepare them psychologically for war, the Nazi conspirators reshaped the educational system and particularly the education and training of the German youth. The leadership principle was introduced into the schools and the Party and affiliated organisations were given wide supervisory powers over education. The Nazi conspirators imposed a supervision of all cultural activities, controlled the dissemination of information and the expression of opinion within Germany as well as the movement of intelligence of all kinds from and into Germany, and created vast propaganda machines.

(f) The Nazi conspirators placed a considerable number of their dominated organisations on a progressively militarised footing with a view to the rapid transformation and use of such organisations whenever necessary as instruments of war.

(E) THE ACQUIRING OF TOTALITARIAN CONTROL IN GERMANY: ECONOMIC; AND THE ECONOMIC PLANNING AND MOBILISATION FOR AGGRESSIVE WAR

Having gained political power, the conspirators organised Germany's economy to give effect to their political aims.

In order to eliminate the possibility of resistance in the economic sphere, they deprived labour of its rights of free industrial and political association as particularised in paragraph (D) 3 (c) (1) herein.

They used organisations of German business as instruments of economic mobilisation for war.

They directed Germany's economy towards preparation and equipment of the military machine. To this end they directed finance, capital investment, and foreign trade.

The Nazi conspirators, and in particular the industrialists among them embarked upon a huge rearmament programme and set out to produce and develop huge quantities of materials of war and to create a powerful military potential.

With the object of carrying through the preparation for war the Nazi conspirators set up a series of administrative agencies and authorities. For example, in 1936 they established for this purpose the office of the Four Year Plan with the defendant Goering as Plenipotentiary, vesting it with overriding control over Germany's economy. Furthermore, on 28th August, 1939, immediately before launching their aggression against Poland, they appointed the defendant Funk Plenipotentiary for Economics; and on 30th August, 1939, they set up the Ministerial Council for the Defence of the Reich to act as a War Cabinet.

(F) UTILISATION OF NAZI CONTROL FOR FOREIGN AGGRESSION

1. Status of the conspiracy by the middle of 1933 and projected plans

By the middle of the year 1933 the Nazi conspirators, having acquired governmental control over Germany, were in a position to enter upon further and more detailed planning with particular relationship to foreign policy. Their plan was to re-arm and to re-occupy and fortify the Rhineland, in violation of the Treaty of Versailles and other treaties, in order to acquire military strength and political bargaining power to be used against other nations.

2. The Nazi conspirators decided that for their purpose the Treaty of Versailles

[Page 7]

must definitely be abrogated, and specific plans were made by them and put into operation by 7th March, 1936, all of which opened the way for the major aggressive steps to follow, as hereinafter set forth. In the execution of this phase of the conspiracy the Nazi conspirators did the following acts :-

They led Germany to enter upon a course of secret re- armament from 1933 to March, 1935, including the training of military personnel and the production of munitions of war, and the building of an Air Force.

(b) On 4th October, 1933, they led Germany to leave the International Disarmament Conference and the League of Nations.

On 10th March, 1935, the defendant Goering announced that Germany was building a Military Air Force.

On 16th March, I935, the Nazi conspirators promulgated a law for universal military service, in which they stated the peace-time strength of the German Army would be fixed at 500,000 men.

On 21St May, 1935, they falsely announced to the world, with intent to deceive and allay fears of aggressive intentions, that they would respect the territorial limitations of the Versailles Treaty and comply with the Locarno Pacts.

On 7th March, 1936, they re-occupied and fortified the Rhineland, in violation of the Treaty of Versailles and the Rhine Pact of Locarno of 16th October, 1925, and falsely announced to the world that "we have no territorial demands to make in Europe."

3. Aggressive Action against Austria and Czechoslovakia

(a) The 1936-1938 phase of the plan: planning for the assault on Austria and Czechoslovakia.

The Nazi conspirators next entered upon the specific planning for the acquisition of Austria and Czechoslovakia, realising it would be necessary, for military reasons, first to seize Austria before assaulting Czechoslovakia. On 21St May, 1935, in a speech to the Reichstag, Hitler stated that: "Germany neither intends nor wishes to interfere in the internal affairs of Austria, to annex Austria or to conclude an Anschluss." On 1st May, 1936, within two months after the re-occupation of the Rhineland, Hitler stated: "The lie goes forth again that Germany tomorrow or the day after will fall upon Austria or Czechoslovakia." Thereafter, the Nazi conspirators caused a treaty to be entered into between Austria and Germany on 11th July, 1936, Article I of which stated that "The German Government recognises the full sovereignty of the Federal State of Austria in the spirit of the pronouncements of the German Fuehrer and Chancellor of 21st May, I935." Meanwhile, plans for aggression in violation of that treaty were being made. By the autumn of 1937, all noteworthy opposition within the Reich had been crushed. Military preparation for the Austrian action was virtually concluded. An influential group of the Nazi conspirators met with Hitler on 5th November, 1937, to review the situation. It was reaffirmed that Nazi Germany must have "Lebensraum" in Central Europe. It was recognised that such conquest would probably meet resistance which would have to be crushed by force and that their decision might lead to a general war, but this prospect was discounted as a risk worth taking. There emerged from this meeting three possible plans for the conquest of Austria and Czechoslovakia. Which of the three was to be used was to depend upon the developments in the political and military situation in Europe. It was contemplated that the conquest of Austria and Czechoslovakia would, through compulsory emigration of 2,000,000 persons from Czechoslovakia and 1,000,000 persons from Austria, provide additional food to the Reich for 5,000,000 to 6,000,000 people, strengthen it militarily by providing shorter and better frontiers, and make possible the constituting of new armies up to about twelve divisions. Thus, the aim of the plan against Austria and Czechoslovakia was conceived of not as an end in itself but as a preparatory measure toward the next aggressive steps in the Nazi conspiracy.

[Page 8]

(b) The execution of the plan to invade Austria : November, 1937, to March, 1938

Hitler on 8th February, 1938, called Chancellor Schuschnigg to a conference at Berchtesgaden. At the meeting of 12th February, 1938, under threat of invasion, Schuschnigg yielded a promise of amnesty to imprisoned Nazis and appointment of Nazis to ministerial posts. He agreed to remain silent until Hitler's next speech in which Austria's independence was to be reaffirmed, but Hitler in that speech, instead of affirming Austrian independence, declared himself protector of all. Germans. Meanwhile, subversive activities of Nazis in Austria increased. Schuschnigg on 9th March, 1938, announced a plebiscite for the following Sunday on the question of Austrian independence. On 11th March Hitler sent an ultimatum, demanding that the plebiscite be called off or Germany would invade Austria. Later the same day a second ultimatum threatened invasion unless Schuschnigg should resign in three hours. Schuschnigg resigned. The defendant Seyss-Inquart, who was appointed Chancellor, immediately invited Hitler to send German troops into Austria to "preserve order." The invasion began on 12th March, I938 On 13th March, Hitler by proclamation assumed office as Chief of State of Austria and took command of her armed forces. By a law of the same date Austria was annexed to Germany.

(c) The execution of the plan to invade Czechoslovakia: April, 1938, to March, 1939

1. Simultaneously with their annexation of Austria, the Nazi conspirators gave false assurances to the Czechoslovak Government that they would not attack that country. But within a month they met to plan specific ways and means of attacking Czechoslovakia, and to revise, in the light of the acquisition of Austria, the previous plans for aggression against Czechoslovakia.

2. On 21st April, 1938, the Nazi conspirators met and prepared to launch an attack on Czechoslovakia not later than 1st October, 1938. They planned to create an "incident" to "justify" the attack. They decided to launch a military attack only after a period of diplomatic squabbling which, growing more serious, would lead to the excuse for war, or, in the alternative, to unleash a lightning attack as a result of an " incident" of their own creation. Consideration was given to assassinating the German Ambassador at Prague to create the requisite incident.

From and after 21st April, 1938, the Nazi conspirators caused to be prepared detailed and precise military plans designed to carry out such an attack at any opportune moment and calculated to overthrow all Czechoslovak resistance within four days, this presenting the world with a fait accompli, and so forestalling outside resistance. Throughout the months of May, June, July, August and September, these plans were made more specific and detailed, and by 3rd September, it was decided that all troops were to be ready for action on 28th September, 1983.

3. Throughout this same period, the Nazi conspirators were agitating the minorities' question in Czechoslovakia, and particularly in the Sudetenland, leading to a diplomatic crisis in August and September, 1938. After the Nazi conspirators threatened war, the United Kingdom and France concluded a pact with Germany and Italy at Munich on 29th September, 1938, involving the cession of the Sudetenland by Czechoslovakia to Germany. Czechoslovakia was required to acquiesce. On 1st October, 1938, German troops occupied the Sudetenland.

4. On 5th March, 1939, contrary to the provisions of the Munich Pact itself, the Nazi conspirators completed their plan by seizing and occupying the major part of Czechoslovakia, i.e., Bohemia and Moravia, not ceded to German by the Munich Pact.

4. Formulation of the plan to attack Poland : preparation and initiation of aggressive war : March, 1939, to September, 1939

With these aggressions successfully consummated, the conspirators had obtained much desired resources and bases and were ready to undertake further

[Page 9]

aggressions by means of war. Following the assurances to the world of peaceful intentions, an influential group of the conspirators met on 23rd May, 1939, to consider the further implementation of their plan. The situation was reviewed and it was observed that "the past six years have been put to good use and all measures have been taken in correct sequence and in accordance with our aims," that the national- political unity of the Germans had been substantially achieved, and that further successes could not be achieved without war and bloodshed. It was decided nevertheless next to attack Poland at the first suitable opportunity. It was admitted that the questions concerning Danzig which they had agitated with Poland were not true questions, but rather that the question was one of aggressive expansion for food and "Lebensraum." It was recognised that Poland would fight if attacked and that a repetition of the Nazi success against Czechoslovakia without war could not be expected. Accordingly, it was determined that the problem was to isolate Poland and, if possible, prevent a simultaneous conflict with the Western Powers. Nevertheless, it was agreed that England was an enemy to their aspirations, and that war with England and her ally France must eventually result, and therefore that in that war every attempt must be made to overwhelm England with a "Blitzkrieg" or lightning war. It was thereupon determined immediately to prepare detailed plans for an attack on Poland at the first suitable opportunity and thereafter for an attack on England and France, together with plans for the simultaneous occupation by armed force of air bases in the Netherlands and Belgium.

(b) Accordingly, after having denounced the German-Polish Pact Of 1934, on false grounds, the Nazi conspirators proceeded to stir up the Danzig issue, to prepare frontier "incidents" to "justify" the attack, and to make demands for the cession of Polish territory. Upon refusal by Poland to yield, they caused German armed forces to invade Poland on 1st September, 1939, thus precipitating war also with the United Kingdom and France.

5. Expansion of the war into a general war of aggression: planning and execution of attacks on Denmark, Norway, Belgium, The Netherlands, Luxembourg, Yugoslavia, and Greece: 1939 to April, 1941

Thus the aggressive war prepared for by the Nazi conspirators through their attacks on Austria and Czechoslovakia was actively launched by their attack on Poland, in violation of the terms of the Briand-Kellogg Pact, 1928. After the total defeat of Poland, in order to facilitate the carrying out of their military operations against France and the United Kingdom, the Nazi conspirators made active preparations for an extension of the war in Europe. In accordance with these plans, they caused the German armed forces to invade Denmark and Norway on 9th April, 1940; Belgium, the Netherlands and Luxembourg on 10th May, 1940; Yugoslavia and Greece on 6th April, 1941. All these invasions had been specifically planned in advance.

6. German invasion on 22nd June, 1941, of the U.S.S.R. territory in violation of the Non-Aggression Pact Of 23rd August, 1939

On 22nd June, 1941, the Nazi conspirators deceitfully denounced the Non-Aggression Pact between Germany and the U.S.S.R. and without any declaration of war invaded Soviet territory, thereby beginning a war of aggression against the U.S.S.R. Schuschnigg yielded a promise of amnesty to imprisoned Nazis and appointment of Nazis to ministerial posts. He agreed to remain silent until Hitler's next speech in which Austria's independence was to be reaffirmed, but Hitler in that speech, instead of affirming Austrian independence, declared himself protector of all. Germans. Meanwhile, subversive activities of Nazis in Austria increased. Schuschnigg on 9th March, 1938, announced a plebiscite for the following Sunday on the question of Austrian independence. On 11th March Hitler sent an ultimatum, demanding that the plebiscite be called off or Germany would invade Austria. Later the same day a second ultimatum threatened invasion unless Schuschnigg should resign in three hours. Schuschnigg resigned. The defendant Seyss-Inquart, who was appointed Chancellor, immediately invited Hitler to send German troops into Austria to "preserve order." The invasion began on 12th March, I938 On 13th March, Hitler by proclamation assumed office as Chief of State of Austria and took command of her armed forces. By a law of the same date Austria was annexed to Germany.

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