Twelfth Day:
Tuesday, 4th December, 1945
[Page 72]
The necessary frontier incidents duly occurred. Was it,
perhaps, for these that Keitel had been instructed by Hitler
to supply Heydrich with Polish uniforms? And thus without a
declaration of war, without even giving the Polish
Government an opportunity of seeing Germany's final demands
- and you will hear the evidence of the extraordinary
diplomatic negotiations, if one can call them such, that
took place in Berlin - without giving the Poles any
opportunity at all of negotiating or arbitrating demands
which Nazi Germany was making, the Nazi troops invaded
Poland.
On the 3rd September, Hitler sent a telegram to Mussolini
thanking, him for his intervention but pointing out that the
war was inevitable and that the most promising moment had to
be picked after cold deliberation. And
[Page 73]
On the 23rd November, 1939, Hitler reviewed the situation to
his military Commanders and in the course of what he said he
made this observation:
Under the circumstances, the intent to wage war against
England and France, and to precipitate it by an attack on
Poland, is not to be denied. Here was defiance of the most
solemn treaty obligations. Here was neglect of the most
pacific assurances. Here was aggression, naked and
unashamed, which was indeed to arouse the horrified and
heroic resistance of all civilised peoples, but which,
before it was finished, was to tear down many of the pillars
of our civilisation.
Once started upon the active achievement of their plan to
secure the domination of Europe, if not of the world, the
Nazi Government proceeded to attack other countries, as
occasion offered. The first actually to be attacked,
actually to be invaded, after the attack upon Poland were
Denmark and Norway.
On the 9th April, 1940, the German Armed Forces invaded
Norway and Denmark without any warning, without any
declaration of war. It was a breach of the Hague Convention
of 1907. It was a breach of the Convention of Arbitration
and Conciliation signed between Germany and Denmark dated
2nd June, 1926. It was, of course, a breach of the Briand-
Kellogg Pact of 1928. It was a violation of the Non-
Aggression Treaty between Germany and Denmark made the 31st
May, 1939. And it was a breach of the most explicit
assurances which had been given. After his annexation of
Czechoslovakia had shaken the confidence of the world,
Hitler had attempted to reassure the Scandinavian States. On
the 28th April, 1939, he affirmed that he had never made any
request to any of them which was incompatible with their
sovereignty and independence. On the 31st May, 1939, he
signed a non-aggression pact with Denmark.
On the 2nd September, 1939, the day after he had invaded
Poland and seized Danzig, he again expressed his
determination, so he said, to observe the inviolability and
integrity of Norway in an aide-memoire which was handed to
the Norwegian. Foreign Minister by the German Minister in
Oslo, on that day.
[Page 74]
I do not propose to argue the question whether or not these
allegations were true or false. That question is irrelevant
to the issues before this Court. Even if the allegations
were true-and they were patently false-they would afford no
conceivable justification for the action of invading without
warning, without declaration of war, without any attempt at
mediation or conciliation. Aggressive war is none the less
aggressive war because the State which wages it believes -
rightly or wrongly - that other States might, in the future,
take similar action. The rape of a nation is not justified
because it is thought she may be raped by another. Nor even
in self-defence are warlike measures justified except after
all means of mediation have been tried and failed, and force
is actually being exercised against the State concerned.
But the matter is irrelevant because, in actual fact, with
the evidence which we now possess, it is abundantly clear
that the invasion of these two countries was undertaken for
quite different purposes. It had been planned long before
any question of breach of neutrality or occupation of Norway
by England could ever have occurred, and it is equally clear
that the assurances repeated again and again throughout 1939
were made for no other purpose than to lull suspicion in
these countries, and to prevent them taking steps to resist
the attack against them which was all along in active
preparation.
For some years the defendant Rosenberg, in his capacity as
Chief of the Foreign Affairs Bureau - A.P.A. - of the
N.S.D.A.P., had interested himself in the promotion of fifth
column activities in Norway and he had established close
relationship with the "Nasjonal Samling," a political group
headed by the now notorious traitor, Vidkun Quisling. During
the winter of 1938-1939, A.P.A. was in contact with
Quisling, and later Quisling conferred with Hitler and with
the defendants Raeder and Rosenberg. In August, 1939, a
special 14-day course was held at the school of the Office
of Foreign Relations in Berlin for 25 followers whom
Quisling had selected to attend it. The plan was to send a
number of selected and "reliable" men to Germany for a brief
military training in an isolated camp. These "reliable" men
were to be area and language specialists to German special
troops who were taken to Oslo on coal barges to undertake
political action in Norway. The object was a coup in which
Quisling would seize his leading opponents in Norway,
including the King, and prevent all military resistance from
the beginning.
Simultaneously with those fifth column activities Germany
was making her military preparations. On the 2nd September,
1939, as I said, Hitler
[Page 75]
Almost exactly a month after the attack on Norway, on the
10th May, 1940, the German Armed Forces, repeating what had
been done 25 years before, streamed into Belgium, the
Netherlands, and Luxembourg according to plan - a plan, that
is, of invading without warning and without any declaration
of war.
What was done was, of course, a breach of the Hague
Convention, and is so charged. It was a violation of the
Locarno Agreement of 1925, which the Nazi Government
affirmed in 1935, only illegally to repudiate it a couple of
years later. By that agreement all questions incapable of
settlement by
[Page 76]
It is, perhaps, convenient to deal with the remaining
assurances as we review the evidence which is available as
to the preparations and intentions of the German Government
prior to their actual invasion of Belgium on the 10th May,
1940
As in the case of Poland, as in the case of Norway and
Denmark, so also here the dates speak for themselves.
As early as August, 1938, steps were being made to utilise
the Low Countries as bases for decisive action in the West
in the event of France and England opposing Germany in the
aggressive plan which was on foot at that time against
Czechoslovakia.
In an Air Force letter dated 25th August, 1938, which deals
with the action to be taken if England and France should
interfere in the operation against Czechoslovakia, it is
stated:
[Page 77]
(2) A long waiting period not only results in the
ending of the advantage of Belgian and perhaps also of
Dutch neutrality, but also strengthens the military
power of our enemies to an increasing degree, causes
confidence of the neutrals in final German victory to
wane, and does not help to bring Italy to our aid as
brothers-in-arms.
(3) I therefore issue the following orders for the
further conduct of military operations :
[Page 78] [
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(Part 6 of 8)
[SIR HARTLEY SHAWCROSS continues]
"One year later Austria came; this step was also
considered doubtful. It brought about a tremendous
reinforcement of the Reich. The next step was Bohemia,
Moravia and Poland. This step also it was not possible
to accomplish in one campaign. First of all the Western
fortifications had to be finished. Then followed the
creation of the Protectorate, and with that the basis
of action against Poland was laid. But I was not quite
clear at the time whether I should start first against
the East, and then in the West, or vice versa. The
decision came to fight with Poland first. One might
accuse me of wanting to fight again and again. In
struggle, I see the fate of all human beings."
He was not sure when to attack first. But that, sooner or
later, he would attack-whether it was in the East, or
whether it was in the West-was never in doubt, and he had
been warned not only by the British and French Prime
Ministers, but even by his confederate Mussolini that an
attack on Poland would bring England and France into the
war. He chose what he thought was the opportune moment, and
he struck.
"Germany has never had any conflicts of interest or
even points of controversy with the Northern States,
neither has she any today. Sweden and Norway have both
been offered non-aggression pacts by Germany, and have
both refused, solely because they do not feel
themselves threatened in any way."
When the invasion of Denmark and Norway was already begun in
the early morning of 9th April, 1940, a German memorandum
was handed to the Governments of those countries attempting
to justify the German action. Various allegations against
the Governments of the invaded countries were made. It was
said that Norway had been guilty of breaches of neutrality.
It was said that she had allowed and tolerated the use of
her territorial waters by Great Britain. It was said that
Britain and France themselves were making plans to invade
and occupy Norway and that the Government of that country
was prepared to acquiesce in such an event.
" . ..on principle we will do our utmost to make the
operation appear as a peaceful occupation, the object
of which is the military protection of the Scandinavian
States. It is important that the Scandinavian States as
well as the Western opponents should be taken by
surprise by our measures.... In case the preparations
for embarkation can no longer be kept secret, the
leaders and the troops will be deceived with fictitious
objectives."
The form and success of the invasion are well known. In the
early hours of the 9th April, seven cruisers and fourteen
destroyers and a number of torpedo boats and other small
craft carried advance elements of six divisions, totalling
about 10,000 men, forced an entry and landed troops in the
outer Oslo Fjord, Kristiansand, Stavanger, Bergen, Trondheim
and Narvik. A small force of troops was also landed at
Arendal and Egersund on the southern coast. In addition,
airborne troops and aircraft were landed near Oslo and
Stavanger. The German attack came as a complete surprise.
All the invaded towns along the coast were captured
according to plan and with only slight losses. Only the plan
to capture the King and Parliament failed. But brave as was
the resistance which was hurriedly organised throughout the
country, nothing could be done in the face of the long-
planned surprise attack, and on the 10th June military
resistance ceased. So another act of aggression was brought
to completion.
"As for the rest, I have more than once expressed the
desire and the hope of entering into similar good and
cordial relations with our neighbours. Germany has, and
here I repeat this solemnly, given the assurance time
and time again, that, for instance, between her and
France there cannot be any humanly conceivable points
of controversy. The German Government has further given
the assurance to Belgium and Holland that it is
prepared to recognise and to guarantee the
inviolability and neutrality of these territories."
After Hitler had remilitarised the Rhineland and had
repudiated the Locarno Pact, England and France sought to re-
establish the position of security for Belgium which
Hitler's action had threatened. They, therefore, gave to
Belgium on the 24th April, 1937, a specific guarantee that
they would maintain in respect of Belgium, the undertakings
of assistance which they had entered into with her both
under the Locarno Pact and the Covenant of the League of
Nations. On the 13th October, 1938, the German Government
also made a declaration assuring Belgium of its intention to
recognise the inviolability and integrity of that country.
"It is not expected for the moment that other States
will intervene against Germany. The Dutch and the
Belgian area assumes in this connection much more
importance for the prevention of the war in Western
Europe than during the world war. This is to be mainly
an advance base for the air war."
"Belgium add the Netherlands, when in German hands,
represent an extraordinary advantage in the prosecution
of the air war against Great Britain as well as against
France."
That was in August, 1938. Eight months later (on the 28th
April, 1939), Hitler is declaring again,
"I was pleased that a number of European States availed
themselves of this declaration by the German Government
to express and emphasise their desire to have absolute
neutrality."
A month later, on the 23rd May, 1939, Hitler held the
conference in the Reich Chancellery, to which we already
referred. The Minutes of that meeting report Hitler as
saying,
"The Dutch and Belgian air bases must be occupied by
armed force. Declarations of neutrality must be
ignored. If England and France enter the war between
Germany and Poland they will support Holland and
Belgium in their neutrality .... Therefore, if England
intends to intervene in the Polish war, we must occupy
Holland with lightning speed, We must aim at securing
new defence lines on Dutch soil up to the Zeider Zee."
Even after that, he was to give his solemn declarations that
he would observe the neutrality of these countries. On the
26th August, 1939, when the crisis in regard to Danzig and
Poland was reaching its climax, on the very day he had
picked for the invasion of Poland, declarations assuring the
Governments concerned of the intention to respect their
neutrality were handed by the German Ambassadors to the King
of the Belgians, the Queen of the Netherlands and to the
Government of the Grand Duchy of Luxembourg, in the most
solemn form. But to the Army, Hitler was saying:
"If Holland and Belgium are successfully occupied and
held, a successful war against England will be
secured."
On the 1st September, Poland was invaded, and two days later
England and France came into the war against Germany, in
pursuance of the Treaty obligations already referred to. On
the 6th October, Hitler renewed his assurances of friendship
to Belgium and Holland, but on the 9th October, before any
kind of accusation had been made by the German Government of
breaches of neutrality, Hitler issued a directive for the
conduct of the war.
And he said this:
"(1) If it becomes evident in the near future that
England, and France acting under her leadership, are
not disposed to end the war, I am determined to take
firm and offensive action without letting much time
elapse.
Nothing could state more clearly or more definitely the
object behind the invasion of these three countries than
that document.
(a) Preparations should be made for offensive
action on the Northern flank of the Western front
crossing the area of Luxembourg, Belgium and
Holland. This attack must be carried out as soon
and as forcefully as possible.