"SUPPLEMENT TO MY STATEMENT OF 7 NOVEMBER 1945

"When Hitler had made a decision to support the realization of his political objectives through military pressure or through the application of military force, the Commanderin-Chief of the Army, if he was at all involved, ordinarily first received an appropriate oral briefing or an appropriate oral command.

"Operational and deployment plans were next worked out in the OKM. After these plans had been presented to Hitler, generally by word of mouth, and had been approved by him, there followed a written order from the OKW to the three branches of the Armed Forces. In the meanwhile the OKH began to transmit the operational and deployment plans to the army groups and armies involved. Details of the operational and deployment plans were discussed by the OKH with the Commanders of the army groups and armies and with the Chiefs of Staff of these Commanders.

"During the operations the OKH maintained a constant exchange of ideas with the army groups by means of telephone, radio and courier. The Commander-in-Chief of the Army used every opportunity to maintain a personal exchange of ideas with the Commanders of army groups, armies and lower echelons by means of personal visits to them. In the war against Russia the Commanders of army groups and of armies were individually and repeatedly called in by Hitler for consultation.

"Orders for all operational matters went from the OKH to army groups and for all matters concerning supply and territorial jurisdiction from the OKH directly to the armies." "(Signed) von Brauchitsch" (3705-PS) The Oberbefehlshaber in the field, therefore and in the case of the army that means the Commander-in-Chief of army groups and armies-participated in planning, and directed the execution of the plans. The Oberbefehlshaber were also the repositories of general executive power in the areas in which their army groups and armies were operating. This fact appears from a directive of 13 March 1941 signed by Keitel and issued by the Supreme Command of the Armed Forces (447-PS). This directive sets out various regulations for the impending operations against the Soviet Union (which were actually begun on 22 June 1941). Under paragraph I, is entitled "Area of operations and executive power (Vollziehende Gewalt)", subparagraph 1 and 2(a) provide:

"It is not contemplated to declare East Prussia and the Gen

eral-Gouvernement an area of operations. However, in accordance with the unpublished Fuehrer orders from 19 and 21 October 1939, the Commander in Chief of the Army shall be authorized to take all measures necessary for the execution of his military aim and for the safeguarding of the troops. He may transfer his authority onto the Commanders in Chief [Oberbefehlshaber] of the Army Groups and Armies. Orders of that kind have priority over all orders issued by civilian agencies."

"The area of operations created through the advance of the Army beyond the frontiers of the Reich and the neighboring countries is to be limited in depth as far as possible. The Commander-in-Chief of the Army has the right to exercise the executive power [Vollziehende Gewalt] in this area, and may transfer his authority onto the Commanders in Chief [Oberbefehlshaber] of the Army Groups and Armies.” (447-PS)

The official command invitation to participate in consultations at the Reich Chancellery on 14 June 1941, eight days prior to the German attack on the Soviet Union, also shows the group at work (C-78). This meeting is referred to in the last paragraph of the affidavits by Halder (3702-PS) and von Brauchitsch (3703–PS) mentioned above. This document, signed by Colonel Schmundt, Chief Wehrmacht Adjutant to Hitler, and is dated at Berchtesgaden, 9 June 1941, begins:

"Re: Conference 'Barbarossa'

"The Fuehrer and Supreme Commander of the Armed Forces has ordered reports on Barbarossa [the code name for the invasion of the U.S.S.R.] by the Commanders of Army Groups and Armies and Naval and Air Commanders of equal rank." This document likewise includes a list of the participants in this conference which closely parallels the structure of the group as set forth in the Indictment. The list includes General Field Marshal von Brauchitsch, who was then Commander-in-Chief of the Army, and a member of the group; and General Halder, who was chief of the Army Staff, and a member of the group. Then there are three subordinates who were not members of the group: Paulus, Heusinger, and Gyldenfeldt. Next is navy Captain Wagner, who was chief of the Operations Staff, Operations Division of the Naval War Staff, not a member of the group. On the air side there were General Milch, State Secretary and Inspector of the Air Force, again not a member of the group; General Joschonnek, chief of the General Staff of the Air Force and a member of the group;

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and two of his assistants. Passing to the OKW, High Command of the Armed Forces, we find that Keitel, Jodl, Warlimont, all members of the group, were present, with an assistant from the General Staff. Then there were four officers from the office of the adjutant, who were not members of the group. Present from the Field Commanders were General von Falkenhorst, Army High Command, Norway, member of the group; General Stumpff, Air Fleet 5, member of the group; Rundstedt, Reichenau, Stuelpnagel, Schobert, Kleist, all from the Army, all members of the group. Of the Air Force officers present, General Loehr, Air Fleet 4, was a member of the group; General Fromm and General Udet were not members. One was director of the Home Forces, commander of the Home Forces, and the other the Director General of Equipment and Supply. Turning to the Navy, those present were Raeder, a member of the group; Fricke, chief of the Naval War Staff, and a member of the group; and an assistant who was not a member, Carls, Navy Group North, member of the group, and likewise Schmundt were present. Then from the Army, Leeb, Busch, Kuechler, all members of the group as Oberbefehlshaber, and Keller, a member of the group, were present. Also Bock, Kluge, Strauss, Guderian, Hoth, Kesselring, all members of the group, were present. It will be seen that, except for a few assisting officers of relatively junior rank, all the participants in these consultations were members of the group, and that in fact the participants in these consultations included the members of the group who were concerned in the impending operations against the Soviet Union.

B. Criminal Activities of the General Staff and High Command Group.

The General Staff and High Command group is well represented among the individual defendants in this case. It must be kept in mind that this group may be declared criminal in connection with any act of which an individual defendant who is a member of the group may be convicted (Charter, Article 9). Five of the individual defendants, or one-quarter of the total number accused, are members of this group.

In the order of listing in the indictments, the first is Goering. Goering is a defendant in this case in numerous capacities. He is a member of the General Staff and High Command group by reason of having been the Commander-in-Chief of the Air Force from the time when the Air Force first came into the open, and was officially established, until about a month prior to the end of the war. During the last month of the war he was replaced in

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this capacity by von Greim, who committed suicide shortly after his capture at the end of the war. Goering is charged with crimes under all counts of the Indictment.

The next listed defendant who is a member of the group is Keitel. He and the remaining three defendants who are members of the group are all four in this case primarily or solely in their military capacities, and all four of them were professional soldiers or sailors. Keitel was made the chief of the High Command of the German Armed Forces (OKW) when the OKW was first set up in 1938, and remained in that capacity throughout the period in question. He held the rank of Field Marshall throughout most of this period, and in addition to being the Chief of OKW, he was a member of the Secret Cabinet Council and of the Council of Ministers for the Defense of the Reich. Keitel is charged with crimes under all four counts of the Indictment.

The defendant Jodl was a career soldier; he was an Oberstleutnant (Lieutenant Colonel) when the Nazis came to power, and ultimately attained the rank of Generaloberst (Colonel General). He became the Chief of the Operations Staff of the Wehrmacht, and continued in that capacity throughout the war. He also is charged with crimes under all four counts of the Indictment.

The defendant Raeder is in a sense the senior member of the entire group, having been Commander-in-Chief of the German Navy as early as 1928. He attained the highest rank in the German Navy, Grossadmiral, and in addition to being Commanderin-Chief of the Navy he was a member of the Secret Cabinet Council. He retired from Supreme Command of the Navy in January 1943, and was replaced by Doenitz. Raeder is charged with crimes under counts 1, 2, and 3 of the Indictment.

The last of these five defendants, Doenitz, was a relatively junior officer when the Nazis came to power. During the early years of the Nazi regime he specialized in submarine activities and was in command of the U-boat arm when the war broke out. He rose steadily in the Navy and was chosen to succeed Raeder when the latter retired in 1943. Doenitz then became Commander-in-Chief of the Navy and attained the rank of Grossadmiral. When the German Armed Forces collapsed near the end of the war, Doenitz succeeded Hitler as head of the German government. He is charged with crimes under counts 1, 2, and 3 of the Indictment.

Four of these five defendants are reasonably typical of the group as a whole. Goering is an exception: he is primarily a Nazi party politician nourishing a hobby for aviation as a result of his career in 1914-18. But the others made soldiering or sailoring their life work. They collaborated with and joined in the most important

adventures of the Nazis, but they were not among the early party members. They differ in no essential respect from the other 125 odd members of the group. They are, no doubt, abler men in certain respects than some of the other members, as they rose to the highest positions in the German Armed Forces, and all but Jodl attained the highest rank. But they are generally representative of the group, and their expressed ideas and actions are fairly characteristic of those of the other group members.

It is not, of course, the prosecution's position, and it is not essential to its case, that all 130 members of this group, (or all the members of any other organization or group named in the Indictment), actually committed crimes, under Article 6 of the Charter. It is the prosecution's position that the leadership of the group and the purposes to which the group was committed by the leaders were criminal under Article 6. The individual defendants were among the leaders of the General Staff and High Command group, and, acting in the official capacities which made them members of the group, they performed and participated in acts which are criminal under Article 6 of the Charter. Other members of the group per- . formed such acts. The German Armed Forces were so completely under the group's control as to make the group responsible for their activities under the last sentence of Article 6 of the Charter.

(1) The Planning and Launching of Wars of Aggression. It is, of course, the normal function of a military staff to prepare military plans. In peacetime, military staffs customarily concern themselves with the preparation of plans of attack or defense based on hypothetical contingencies. There is nothing criminal about carrying on such exercises or preparing such plans. That is not what these defendants and this group are charged with.

This group agreed with the Nazi objective of aggrandizing Germany by force or threat of force. They joined knowingly and enthusiastically in developing German armed might for this criminal purpose. They joined knowingly and willfully in initiating and waging aggressive wars. They were advised in advance of the Nazi plans to launch aggressive wars. They laid the military plans and directed the initiation and carrying on of the wars. These things are criminal under article 6 of the Charter.

Aggressive war cannot be prepared and waged without intense activity on the part of all branches of the Armed Forces and particularly by the high-ranking officers who control such forces. To the extent, therefore, that German preparations for and waging of aggressive war are historical facts of common knowledge, or are proved, it necessarily follows that the General Staff and High