or enterprises involving its commission or (e) was a member of any organization or group connected with the commission of any such crime or (f) with reference to . . . [crimes against peace], if he held a high political, civil or military (including General Staff) position in Germany or in one of its Allies, cobelligerents or satellites or held high position in the financial, industrial or economic life of any such country.' "252 This is a relatively comprehensive listing of various types of relation to crime to which guilt may be imputed, but it is obviously not intended to be exhaustive. For example, it makes no reference to attempts. Does it follow that an attempt to commit an international crime is not itself a crime? One may assume that a soldier is about to shoot an unarmed and innocent prisoner of war, but is himself captured, with his pistol poised, just in time to prevent the shooting. It would appear, by analogy from almost all systems of domestic law, that he could be rightly convicted under the laws of war for the attempted murder of a prisoner of war. But the example may serve to illustrate that the comparison and reconciliation of different systems of penal law, as they relate to this question of guilty connection with attempted crime, are an essential step in the establishment of a permanent international penal jurisdiction.

The same holds true in the field of legal procedure. The procedures at Nuremberg were largely the product of evolution based on actual experience there. Many difficult and unusual questions arose out of the mixture of different legal systems. The evidentiary weight to be given hearsay evidence or affidavits is a good example of this type of problem. A description and analysis of procedural problems met and determined at Nuremberg (and in other war crimes trials) would, it is suggested, be a most useful study, from which the basic outlines of a code of international legal procedure should emerge.

252 At Nuremberg the prosecution (and the tribunals) took the position that clause (f) was not intended automatically to render guilty anyone who held a high position, but, rather, to indicate that the holding of such position should be taken into account, along with all other circumstances, in determining the degree of an individual's participation in "crimes against peace," as well as the extent of his guilty knowledge.

HISTORICAL FEATURES: JODL AND HALDER

DIARIES

ALTHOUGH this discussion is concerned with the Nuremberg trials from the standpoint of law and the development of international law, the value of the Nuremberg records to the historical and political scientist cannot be passed over without mention here. Indeed, in numerous branches of science and for all professional men and scholars the record of one or more of the Nuremberg cases will be found of especial interest. The "Medical Case," for example, has already attracted widespread attention among physicians and psychiatrists.253 The SS cases in particular, and the testimony of comparatively well-educated and intelligent SS fanatics such as Gebhardt and Ohlendorf, offer a fascinating field for exploration by the psychologist and psychiatrist. The weird "racial theories" which the Race and Resettlement Office of the SS endeavored to put into practical effect may be traced in the record of the "RUSHA Case,” and will well repay study by ethnologists and sociologists. But it is to the historian and political scientist that the Nuremberg records have most to offer, and it may be useful to indicate what these records consist of and where they may be found. The most important items are the following:

(a) The transcript of testimony and documents in the trial held by the International Military Tribunal. These have been published in the English language in an official series entitled Trial of the Major War Criminals before the International Military Tribunal, and publication in the German and French languages is in progress.254

(b) The testimony relating to the "organizations" (such as

253 See, for example, Doctors of Infamy-The Story of the Nazi Medical Crimes, translated from the German work by Mitscherlich and Mielke (Henry Schuman, Inc., 1949).

254 Possibly also in Russian, but on this point the writer has no recent information.

the SS, the General Staff, etc.) against which a definition of criminality was sought in the IMT trial, heard by commissioners appointed by the IMT. Much of this testimony is of little permanent historical interest, but the testimony given with respect to the General Staff and the Reich Cabinet is of considerable importance. Records of these "Commission Proceedings" exist only in English and in mimeographed form; they will be deposited in leading universities and other libraries in the United States, and the certified copy will be deposited with the original IMT records at The Hague.

(c) The interrogations of defendants and prospective wit

nesses conducted under the direction of Colonel John H. Amen during the course of the IMT trial Only one complete set of these interrogations exists, and it is in English; the spoken German was not recorded. This set will be deposited in the National Archives.

(d) The similar interrogations conducted during the twelve subsequent Nuremberg trials, under the direction of Mr. Walter Rapp. Summaries of these interrogations in English are being deposited in the principal libraries. One set of the interrogations themselves, in the original tongue (for the most part German), will be deposited in the National Archives.

(e) The original records of the twelve Nuremberg trials under Law No. 10 will be deposited in the National Archives. Mimeographed versions of the transcript and documents of these trials will be deposited in leading libraries in the United States and in Europe.

(f) Many of the documents which became available during the IMT trial, a number of the briefs prepared by the IMT prosecution staff, and a few of Colonel Amen's interrogations, as well as other selected documents relating to the trials, have been published in a series of official U.S. Government volumes entitled Nazi Conspiracy and Aggression.

(g) Preparations are under way for the publication of the indictments, judgments, and other important records of the

twelve trials under Law No. 10 in a series of fifteen official government volumes.

The Nuremberg documentation is amazingly profuse and enlightening. In part, at least, this is due to what appears to be a Teutonic penchant for making detailed records of events and conversations. That so much of this documentation fell into Allied hands was largely due to the rapidity and completeness of Germany's final military collapse. No well-rounded study of German or European affairs since the first World War can now be made without taking full account of these documents, in particular those offered in the trials of the diplomats, industrialists, and military leaders. The "Krupp" documents are especially revealing concerning the years from 1920 to 1935, and the "Farben" and "military" documents are of prime importance for the period from 1933 to 1940. Two of the "military" documents-the diaries of Generals Jodl and Halder-deserve special mention.

The first installment of the Jodl diary covers the period from 4 January 1937 to 29 September 1938, during which Jodl served under von Blomberg at the War Ministry (up to February 1938) and thereafter under Keitel in the OKW (Oberkommando der Wehrmacht, or High Command of the Armed Forces). It touches on German intervention in the Spanish Civil War and other interesting matters during 1937. But its main value is the light it sheds on the Blomberg-Fritsch crisis of February 1938, the annexation of Austria, and the Munich crisis. Jodl left Berlin to take command of an artillery regiment soon after Munich, and there is a gap in his diary from September 1938 to August 1939, when he returned to Berlin to become Chief of the Operations Staff of the OKW just prior to the invasion of Poland. This second portion of the diary covers the conquest of Poland, the occupation of Norway and Denmark, and the opening phases of the campaign in the west. Jodl's diary reflects the viewpoint of an officer serving at Hitler's military headquarters, and is most illuminating when read in conjunction with the diary

of General Halder, which was written at the headquarters of the German Army.

General Franz Halder was Chief of the General Staff of the German Army from November 1938 to September 1942. Up to December 1941 he served under Field Marshal von Brauchitsch, and thereafter directly under Hitler, who personally assumed the functions of Commander in Chief of the Army when Brauchitsch was relieved. The available portions of Halder's diary begin in early August 1939, and thus cover the whole course of the war up to the beginnings of the Stalingrad disaster, when Halder himself was relieved. The original diary is writtenin Gabelsberger shorthand, at which Halder was proficient, and as a result the diary is extremely full and detailed. Up to the time of the attack on the Soviet Union in June 1941 the diary contains much political as well as military information; thereafter Halder was on the eastern front and cut off from many of his contacts in Berlin and elsewhere, and the diary is concerned almost exclusively with the conduct of the Russian campaign.

Those portions of the Jodl diary which were introduced during the IMT trial are available in the official IMT record.255 The entire Jodl and Halder diaries were offered in evidence in the "High Command Case." They are, it is believed, of such prime historical importance that they should be published in full.

255 In the official IMT record these portions were printed in the original German; an English translation of these same portions is printed in the U.S. Government series entitled Nazi Conspiracy and Aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality: Washington, 1946-48).