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Another intercepted diplomatic message from the Japanese Ambassador in Berlin states (D-657):

"At 1 p.m. today [8 December 1941] I called on Foreign Minister Ribbentrop and told him our wish was to have Germany and Italy issue formal declarations of war on America at once. Ribbentrop replied that Hitler was then in the midst of a conference at general headquarters discussing how the formalities of declaring war could be carried out so as to make a good impression on the German people, and that he would transmit your wish to him at once and do whatever he was able to have it carried out promptly. At that time Ribbentrop told me that on the morning of the 8th Hitler issued orders to the entire German Navy to attack American ships whenever and wherever they might meet them.

"It goes without saying that this is only for your secret information." (D-657)

Thus, Hitler ordered attacks on American ships before the German declaration of war.

Then on 11 December 1941 Ribbentrop, in the name of the German Government, announced a state of war between Germany and the United States.

Ribbentrop also made attempts to get Japan to attack the Soviet Union. In his conversations with Oshima, the Japanese Ambassador, in July 1942 and in March and April 1943, Ribbentrop continued to urge Japanese participation and aggression against the Soviet Union (2911-PS; 2954-PS). The report of a discussion between Ribbentrop and Ambassador Oshima reads: "Ambassador Oshima declared that he has received a telegram from Tokyo, and he is to report, by order of his Government to the Reich Minister for Foreign Affairs the following:

"The suggestion of the German Government to attack Russia was the object of a common conference between the Japanese Government and the Imperial headquarters, during which the question was discussed in detail and investigated exactly. The result is the following: The Japanese Government absolutely recognizes the danger which threatens from Russia and completely understands the desire of its German ally that Japan on her part will also enter the war against Russia. However, it is not possible for the Japanese Government, considering the present war situation, to enter into the war. It is rather of the conviction that it would be in the common interest not to start the war against Russia now. On the other

hand, the Japanese Government would never disregard the Russian question." (2954-PS)

Whereupon Ribbentrop returned to the attack:

"However, it would be more correct that all powers allied in the Three Power Pact would combine their forces to defeat England and America, but also Russia, together. It is not good when one part must fight alone." (2954-PS) Ribbentrop's pressure on Japan to attack Russia is shown in another report of Japanese-German discussions on 18 April 1943 (2929-PS):

"The Reichsminister for Foreign affairs then stressed again
that without any doubt this year presented the most favor-
able opportunity for Japan, if she felt strong enough and had
sufficient anti-tank weapons at her disposal, to attack Russia,
which certainly would never again be as weak as she is at the
moment * * * ""
(2929-PS)

C. RIBBENTROP'S PART IN THE CONSPIRACY TO COMMIT WAR CRIMES AND CRIMES AGAINST HUMANITY.

(The following discussion concerns only the planning of these crimes. The execution of the crimes was left to the French and Soviet prosecuting staffs for proof.)

(1) The Killing of Allied Aviators. With the increasing air. raids on German cities in 1944 by the Allied Air Forces, the German Government proposed to undertake a plan to deter AngloAmerican fliers from further raids on Reich cities. In a report of a meeting at which a definite policy was to be established, there is stated the point of view that Ribbentrop had been urging (735-PS). The meeting took place at the Fuehrer's headquarters on 6 June 1944, and proceeded in part as follows:

"Obergruppenfuehrer Kaltenbrunner informed the Deputy Chief of WFST in Klessheim, on the afternoon of the 6th of June, that a conference on this question had been held shortly before between the Reich Marshal [Goering], the Reich Foreign Minister [Ribbentrop], and the Reichsfuehrer SS [Himmler]. Contrary to the original suggestion made by the Reich Foreign Minister, who wished to include every type of terror attack on the German civilian population, that is, also bombing attacks on cities, it was agreed in the above conference that merely those attacks carried out with aircraft armament, aimed directly at the civilian population and their property, should be taken as the standard for the evidence of a criminal action in this sense. Lynch law would

have to be the rule. On the contrary, there has been no question of court martial sentence or handing over to the police." (735-PS)

That is, Ribbentrop was pressing that even where there was an attack on a German city, the airmen who crash-landed should be handed over to be lynched by the crowd.

The minutes of the conference report further as follows:

"Deputy Chief of the WFST mentioned that apart from lynch law, a procedure must be worked out for segregating those enemy aviators who are suspected of criminal action of this kind until they are received into the reception camp for aviators at Oberursel; if the suspicion was confirmed, they would be handed over to the SD for special treatment." (735-PS) The sense of this seems to be that if they were not lynched under the first scheme, by the crowd, then they were to be kept from prisoners of war, where they would be subject to the protecting power's intervention. And if the suspicion was confirmed, they would be handed over to the SD to be killed.

The conference reached a decision on what would be regarded as justifying lynch law:

"At a conference with Colonel von Brauchitsch, representing the C-in-C, Air Force, on the 6th of June, it was settled that the following actions were to be regarded as terror actions justifying lynch law:

"Low-level attacks with aircraft armament on the civilian population, single persons as well as crowds.

"Shooting our own men in the air who had bailed out.

"Attacks with aircraft armament on passenger trains in the public service.

"Attacks with aircraft armament on military hospitals, hospitals, and hospital trains, which are clearly marked with the Red Cross." (735-PS)

These were to be the subject of lynching and not, as Ribbentrop had suggested, the case of the bombing of a city.

In the latter part of this report there occurs a somewhat curious comment from Keitel:

"If one allows the people to carry out lynch law, it is difficult to enforce rules!

"Minister Director Berndt got out and shot the enemy aviator on the road. I am against legal procedure. It doesn't work out." (735-PS).

That is signed by Keitel.

693255-47-33

The remarks of Jodl then appear:

"This conference is insufficient. The following points must be decided quite definitely in conjunction with the Foreign Office:

"1. What do we consider as murder?

"Is RR in agreement with point 36?

"2. How should the procedure be carried out?

"a. By the people?

"b. By the authorities?

"3. How can we guarantee that the procedure be not also

carried out against other enemy aviators?

"4. Should some legal procedure be arranged or not?

"(Signed) Jodl" (735-PS).

It is important to note that Ribbentrop and the Foreign Office were fully involved in these breaches of the laws and usages of war. The clarity with which the Foreign Office perceived that there were such violations is indicated by a document from the Foreign Office, approved of by Ribbentrop and transmitted by one of his officials, Ritter (728-PS). The approval of Ribbentrop is specifically stated in a memorandum of 30 June 1944 (740–PS). The Foreign Office document reads:

"In spite of the obvious objections, founded on international law and foreign politics, the Foreign Office is basically in agreement with the proposed measures.

"In the examination of the individual cases, a distinction must be made between the cases of lynching and the cases of special treatment by the Security Service, SD.

"1. In the cases of lynching, the precise establishment of the circumstances deserving punishment, according to points 1-4 of the communication of 15 June, is not very essential. First, the German authorities are not directly responsible, since death had occurred before a German official became concerned with the case. Furthermore, the accompanying circumstances will be such that it will not be difficult to depict the case in an appropriate manner upon publication. Hence, in cases of lynching, it will be of primary importance correctly to handle the individual case upon publication.

"2. The suggested procedure for special treatment by the S.D., including subsequent publication, would be tenable only if Germany, on this occasion, simultaneously would openly repudiate the commitment of International Law, presently in force, and still recognized by Germany. When an enemy aviator is seized by the Army or by the Police, and is delivered to the Air Forces (P.W.) Reception Camp Oberursel,

he has received, by this very fact, the legal status of a prisoner of war.

"The Prisoner of War Treaty of 27 July 1929 establishes definite rules on the prosecution and sentencing of the Prisoner of War, and the execution of the death penalty, as for example in Article 66: Death sentences may be carried out only three months after the protective power has been notified of the sentence; in Article 63: a prisoner of war will be tried only by the same courts and under the same procedure as members of the German Armed Forces. These rules are so specific, that it would be futile to try to cover up any violation of them by clever wording of the publication of an individual incident. On the other hand the Foreign Office cannot recommend on this occasion a formal repudiation of the Prisoner of War Treaty.

"An emergency solution would be to prevent suspected fliers from ever attaining a legal Prisoner of War status, that is, that immediately upon seizure they be told that they are not considered Prisoners of War but criminals; that they would not be turned over to the agencies having jurisdiction over Prisoners of War; hence not go to a Prisoner of War Camp; but that they would be delivered to the authorities in charge of the prosecution of criminal acts and that they would be tried in a summary proceeding. If the evidence at the trial should reveal that the special procedure is not applicable to a particular case, the fliers concerned may subsequently be given the status of Prisoner of War by transfer to the Air Forces (P.W.) Reception Camp Oberursel.

"Naturally, not even this expedient will prevent the possibility that Germany will be accused of the violation of existing treaties, and maybe not even the adoption of reprisals upon German prisoners of war. At any rate this solution would enable us clearly to define our attitude, thus relieving us of the necessity of openly having to renounce the present agreements or of the need of having to use excuses, which no one would believe, upon the publication of each individual case."

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"It follows from the above, that the main weight of the action will have to be placed on lynchings. Should the campaign be carried out to such an extent that the purpose, to wit 'the deterrence of enemy aviators', is actually achieved, which goal is favored by the Foreign Office, then the strafing attacks by enemy fliers upon the civilian populations must

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