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Entries from Jodl's diary, Febru-
ary 1940 to May 1940. (GB 88)... IV
Order by Commander in Chief of
the Army, 7 October 1939. (GB
105)...

IV
“The Nazi Plan”, script of a mo-
tion picture composed of captured
German film. (USA 167)..... V
OKW directive, 28 November
1939, signed by Keitel, subject:
Employment of 7th Flieger Divi-
sion. (GB 108)..

VI
Directive No. 6 on the conduct of
war, signed by Hitler, 9 October
1939; directive by Keitel, 15 Octo-
ber 1939 on Fall “Gelb”. (GB 106). VI
Orders postponing “A” day in the
West, November 1939 to May
1940. (GB 109).

VI
Memorandum and Directives for
conduct of war in the West, 9 Oc-
tober 1939. (USA 540). .

VII
Minutes of conference, 23 May
1939, “Indoctrination on the poli-
litical situation and future aims".
(USA 27).....

VII
Hague Convention (3) Relative to
opening of Hostilities. (GB 2)..... VIII
Hague Convention (5) Respecting
Rights and Duties of Neutral
Powers and Persons in War on
Land. (GB2).

VIII
Arbitration Convention between
Germany and Belgium at Locarno,
16 October 1925. (GB 15)... VINI
Convention of Arbitration and
conciliation between Germany and
the Netherlands, signed at The
Hague, 20 May 1926. (GB 97).... VIII

800

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847

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279

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282

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320

*TC-16

337

Document

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Kellogg-Briand Pact at Paris.
1929 Reichsgesetzblatt, Part II,
No. 9, pp. 97-101. (GB 18).. VIII
Treaty of Arbitration and Con-
ciliation between Germany and
Luxembourg, signed at Geneva,
11 September 1929. (GB 98). VIII
German assurance to Denmark,
Norway, Belgium, and the Neth-
erlands, 28 April 1939, from Docu-
ments of German Politics, Part
VII, I, pp. 139, 172-175. (GB 78). VIII
German assurance to Norway, 6
October 1939, from Documents of
German Politics, Vol. VII, p. 350.
(GB 80)..

VIII
German assurance to Belgium and
the Netherlands, 30 January 1937,
from Documents of German Poli-
tics, Part IV, pp. 42-43. (GB 99). . VIII
German Declaration to the Bel-
gian Minister of 13 October 1937.
(GB 100).....

VIII
Declaration made by Ambassador
of Germany on 26 August 1939.
(GB 102)

VIII
German assurance to Belgium, 6
October 1939, from Documents of
German Politics, Vol. VII, p. 351.. VIII
Declaration of German Minister
to the Netherlands, 26 August
1939. (GB 103).....

VIII
German assurance to the Nether-
lands, 6 October 1939, from Docu-
ments of German Politics, Vol.
VII, p. 351...

VIII
German assurance to Luxemburg,
26 August 1939. (GB 104).... VIII

381

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German assurance to Luxemburg,
28 April 1939. (GB 101).....
German ultimatum to Belgium
and the Netherlands, 9 May 1940,
from Documents of German Poli-
tics, Part VIII, pp. 142–150. (GB
112).
“Belgium, the official account of
what happened 1939-1940". (GB
111)..
Secret instruction to the Com-
mander of 2nd Luftflotte found in
German Aeroplane of 10 January
1940. (GB 110)......
Protest from Belgium, 10 May
1940, following German aggres-
sion. (GB 111)...
German memorandum to Luxem-
burg, 9 May 1940, from Docu-
ments of German Politics, Part
VIII, pp. 150–151. (GB 113).....
Affidavit of Franz Halder, 22 No-
vember 1945.....
German Aggression. (Enlarge-
ment displayed to Tribunal.).
Violations of Treaties, Agreements
and Assurances. (Enlargement
displayed to Tribunal.).

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Affidavit H

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**Chart No. 12

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A. Treaties and Assurances Breached.

The invasions of Greece and of Yugoslavia by the Germans, which took place in the early hours of the morning of 6 April 1941, constituted direct breaches of The Hague Convention of 1899 on the Pacific Settlement of International Disputes, and of the Kellog-Briand Pact of 1928. In the case of Yugoslavia, the invasion further constituted a breach of an express assurance by the Nazis.

The assurance was originally given in a German Foreign Office release made in Berlin on 28 April 1938 (2719-PS), but was subsequently repeated by Hitler himself on 6 October 1939 in a speech he made in the Reichstag. The German Foreign Office release on 28 April 1938 reads, in part:

"Berlin, 28 April 1938. The State Secretary of the German
Foreign Office to the German Diplomatic Representatives.
“As a consequence of the reunion of Austria with the Reich,
we have now new frontiers with Italy, Yugoslavia, Switzer-
land, Liechtenstein, and Hungary. These frontiers are re-
garded by us as final and inviolable. On this point the fol-
lowing special declarations have been made:"

"3. Yugoslavia.
"The Yugoslav Government have been informed by authori-
tative German quarters that German policy has no aims be-
yond Austria, and that the Yugoslav frontier would in any
case remain untouched. In his speech made at Graz on 3
April, the Fuehrer and Chancellor stated that, in regard to
the reunion of Austria, Yugoslavia and Hungary had adopted
the same attitude as Italy. We were happy to have frontiers
there which relieved us of all anxiety about providing mili-

tary protection for them.” (2719-PS) In a speech made on the occasion of the dinner in honor of the Prince Regent of Yugoslavia on 1 June 1939, Hitler declared :

"The German friendship for the Yugoslav nation is not only
a spontaneous one. It gained depth and durability in the
midst of the tragic confusion of the world war. The German
soldier then learned to appreciate and respect his extremely
brave opponent. I believe that this feeling was reciprocated.
This mutual respect finds confirmation in common political,
cultural and economic interests. We therefore look upon
your Royal Highness's present visit as a living proof of the
accuracy of our view, and at the same time on that account
we derive from it the hope that German-Yugoslav friendship
may continue further to develop in the future and to grow
ever closer.
"In the presence of your Royal Highness, however, we also
perceive a happy opportunity for a frank and friendly ex-
change of views which, and of this I am convinced, in this
sense can only be fruitful to our two peoples and States. I
believe this all the more because a firmly established reliable
relationship of Germany to Yugoslavia, now that, owing to
historical events, we have become neighbors with common

boundaries fixed for all time, will not only guarantee lasting peace between our two peoples and countries, but can also represent an element of calm to our nerve-wracked continent. This peace is the goal of all who are disposed to perform

really constructive work." (TC-92) As is now known this speech was made at the time when Hitler had already decided upon the European war. It occurred a week after the Reichschancellery conference recorded in the Schmundt note (L-79). The reference to "nerve-wracked continent” might perhaps be attributed to the war of nerves which Hitler had himself been conducting for many months. The German Assurance to Yugoslavia on 6 October 1939 was in these terms:

"Immediately after the completion of the Anschluss I informed Yugoslavia that, from now on, the frontier with this country would also be an unalterable one, and that we only

desire to live in peace and friendship with her.” (TC-43) B. Planning for Invasion: Collaboration with Italy and Bulgaria.

Despite the obligation of Germany under the Convention of 1899, and the Kellogg-Briand Pact, and under the foregoing Assurance which I have read, the fate of both Greece and Yugoslavia had, as is now known, been sealed ever since the meeting between Hitler, Ribbentrop, and Ciano at Obersalzberg, 12 and 13 August 1939 (TC-77). The effect of the meeting was that Hitler and Ribbentrop, only two months after the dinner to the Prince Regent, were seeking to persuade Italy to make war on Yugoslavia at the same time that Germany was to commence hostilities against Poland, which Hitler had decided to do in the very near future. Ciano while evidently in entire agreement with Hitler and Ribbentrop as to the desirability of liquidating Yugoslavia, and while himself anxious to secure Salonika, stated that Italy was not yet ready for a general European war. Thus, despite all the persuasion which Hitler and Ribbentrop exerted at the meeting, it became necessary for the Nazi conspirators to reassure their intended victim, Yugoslavia, since in fact Italy maintained its position and did not enter the war when Germany invaded Poland, and since the Germans themselves were not yet ready to strike in the Balkans. It was apparently for this reason that on 6 October, through Hitler's speech, the Nazis repeated the assurance they had made in April 1938. It is a matter of history that after the defeat of the Allied Armies in May and June 1940, the Italian Government declared war on France and that subsequently, at three o'clock in the morning on 28 October

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