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“It is unfortunately not possible to gather from your letter whether the Reich Marshal has concurred with the facts communicated to him, which in the publication of a case of lynch law are to be regarded as terroristic actions, and whether he is prepared to give the Commandant of the Air Force Reception Camp of Oberursel the verbal instructions to this effect.

“It is again requested that the Reich Marshal be induced to give his consent and that this office be notified if possible, by the 27 instant.”

Then, just passing along, Document D-782, Exhibit GB-315—it says that the Foreign Minister will reply in a day or two; and in Document D-783 of the 26th, that will be Exhibit GB-316, comes the answer, a telephone memorandum, a telephone call, adjutant’s office of the Reich Marshal, Captain Bräuner:

“The Reich Marshal agrees with the formulation of the concept of terror-fliers as stated and with the proposed procedure. He asks for information this very day about measures taken.”

So it is not right, is it, Defendant, that Defendant Göring disagreed with the procedure? Here is a call from his adjutant’s office—and it is noted by your office—saying that he agrees with the formulation of the concept and with the proposed procedure. This must be right, must it not?

KEITEL: Yes. I had never seen this document; but I understand, under the applied measures, transfer to the Oberursel camp for Air Force prisoners of war, not lynch law. Perhaps I may add something about the discussion I had with the Reich Marshal...

SIR DAVID MAXWELL-FYFE: It is quite clear. I am not going through the correspondence again. I pointed it out as we went along. Your letters are saying both lynching and the measures to be taken for the publication of lynching and the other procedure of segregating these people in the hands of the SD, pending confirmation of suspicion of terror-fliers. It is quite clear. I have taken you through nearly 10 letters in which it is stated implicitly that it is put to the Reich Marshal on both these points, publication of lynching and segregation from other prisoners of war. He is saying, “I agree with the proposed procedure.”

KEITEL: May I add something?

SIR DAVID MAXWELL-FYFE: Yes, do.

KEITEL: I recall very distinctly my discussion with Reich Marshal Göring at the Berghof. We waited for Hitler who was to give a speech to the generals. This must have been at about the same time. In this discussion two points were mentioned. Point one was the conception of the desired—or how should I say—of the planned or the conceived lynch law. The second question was that my influence with Hitler had not been strong enough to definitely settle this matter. These two points I talked over with Göring that day. We established that the entire method discussed here should be the prerequisite for the free use of lynch law, that we agreed that as soldiers we rejected it; and secondly, I asked him most urgently to use his influence with Hitler again so that he might desist from such measures. This discussion took place at the Berghof in the anteroom of the hall where Hitler addressed the generals. I remember this very distinctly.

I just looked over the correspondence which was exchanged all along. I only recognize certain fragments. They deal with the deliberations on a measure desired by Hitler which, thank goodness, never was adopted, as corresponding orders were not issued.

SIR DAVID MAXWELL-FYFE: Would you look at the next document, Document D-784, Exhibit GB-317. That is a note from General Warlimont to you. Paragraph 1 says that the Foreign Office has agreed; Ambassador Ritter telephoned on the 29th that the Reich Foreign Minister has agreed to this draft. Paragraph 2 says:

“The Reich Marshal is in agreement with the formulation of the concept of ‘terror-flier’ as proposed by the OKW and with the method suggested.”

That is sent to you, and on it there is a penciled note, initialed by Warlimont:

“We must act at last. What else is necessary for this?”

Didn’t you act on it?

KEITEL: No.

SIR DAVID MAXWELL-FYFE: Then, why...

KEITEL: As a matter of fact...

SIR DAVID MAXWELL-FYFE: Then why, if you did not act on it, were you asking the Luftwaffe, 4 days later if they had given instructions to the camp at Oberursel? Look at Document D-785, Exhibit GB-318.

THE PRESIDENT: Sir David, it appears to be initialed by the defendant—D-784.

SIR DAVID MAXWELL-FYFE: My copy is initialed “W”, Warlimont.

THE PRESIDENT: D-784, on the copy I have, is initialed “K” at the top, alongside Warlimont’s note.

SIR DAVID MAXWELL-FYFE: Oh, yes. I am sorry, My Lord. The fault is entirely mine. My Lord is quite right.

[Turning to the defendant.] So, before I pass from D-784, that was submitted to you and initialed by you?

KEITEL: No, I only put my “K” on Document D-784 to show that I saw it. I wrote nothing on it.

SIR DAVID MAXWELL-FYFE: But the document was submitted to you, and so you did see that document? You knew that both the Foreign Office and Göring were agreeing to this procedure being adopted?

KEITEL: I read it. I wrote “K” on it.

SIR DAVID MAXWELL-FYFE: And 4 days later, in D-785, your department is asking Göring through Von Brauchitsch as to whether they have been carried out:

“Please report whether instructions have been given to the Commandant of the Air Force Reception Camp of Oberursel in the sense of the statements of the Supreme Command of the Armed Forces, Operational Staff, of 15 June, or when it is intended to do so.”

KEITEL: I have not seen this document before, but it seems to me to confirm the accuracy of my viewpoint, that in these inquiries to the Reich Marshal the transfer to Oberursel was the only point in question and not whether he wanted lynch law, approved it, or whether he considered it as right. That seems to be quite obvious from this question. I do not know anything about the question itself.

SIR DAVID MAXWELL-FYFE: Please look at Document D-786, Exhibit GB-319. You were going beyond that the next day. This is the 5th of July. It is actually a report of the meeting on 4th July. It says that Hitler decreed the following:

“According to press reports, the Anglo-Americans intend in the future to attack from the air small places, too, which are of no importance militarily or to the war economy, as a retaliatory measure against the ‘V-1’. Should this news prove true, the Führer wishes it to be made known through the radio and the press that any enemy airman who takes part in such an attack and is shot down will not be entitled to be treated as a prisoner-of-war, but, as soon as he falls into German hands, will be treated as a murderer and killed. This measure is to apply to all attacks on small places which are not military targets, communications centers, armament targets, and the like, and therefore, are not of importance to the conduct of war.

“At the moment nothing is to be ordered; the only thing to be done is to discuss such a measure with the Wi. Rü and the Foreign Office.”

So that, far from modifying the matter, you were increasing the severity of the measures to be taken, that is to say, Hitler is increasing the severity of the measures to be taken.

KEITEL: I do not remember this; but if that note was made at that time, something like that must have been mentioned by him in this conference, but I do not remember the incident.

SIR DAVID MAXWELL-FYFE: I only want to put this point to you. You have said twice, on Friday and again today, that no order of the Wehrmacht had been issued. It would not need an order of the Wehrmacht to encourage the population to lynch fliers who had crashed. All that would be required to produce that result would be to hold off the police from arresting people who murdered them, would it not? You would not need an order of the Wehrmacht to encourage your population to murder fliers who had crashed, would you?

KEITEL: No, there was only the Wehrmacht which exclusively had the right to take a shot-down or landed airman into custody, and protect him against lynching of the population, and prevent anything like that from happening.

SIR DAVID MAXWELL-FYFE: You will agree with me that once an American or British airman was handed over to the SD, his chance of survival would not be—what—one in a million? He would be killed, would he not?

KEITEL: I did not know it then; I only heard it here. I did not know it at the time.

SIR DAVID MAXWELL-FYFE: You will agree that that was in fact what happened; when an airman was handed over to the SD, he would be killed, would he not? That is what would happen?

KEITEL: I did not know that it was so, but in this...

SIR DAVID MAXWELL-FYFE: I am not saying what you believe. Now we know what would happen?

KEITEL: No.

SIR DAVID MAXWELL-FYFE: You have told us several times that you did not know anything about the SD. In fact, at one time, you were a sort of a court of appeal from the SD in France, were you not? You confirmed the killings by the SD in France, did you not?

KEITEL: I do not recall that I should have made any regulation.

SIR DAVID MAXWELL-FYFE: French Exhibit, Document Number RF-1244. I am afraid that I do not have a German copy, but this is what it says:

“Paris, 6 August 1942.

“In the criminal proceedings against the French citizens:

“(1) Jean Maréchal, born on 15 October 1912.

“(2) Emmanuel Thépault, born on 4 June 1916.

“Field Marshal Keitel, acting within the powers given to him on 26 and 27 June 1942 by the Führer in his office as Commander-in-Chief of the Army, has refused to pardon these two men condemned to death and has ordered that the sentences should be executed within the scope of the general punishments.”

They were condemned by the Tribunal de la Feldkommandantur at Evreux, and this was sent to the Commandant de la Police de Sûreté et du SD—sent to the Commandant of the Police of the Sûreté and of the SD. Does that not show that you were dealing with a confirmation of sentences of death and passing on your confirmation to the SD?

KEITEL: This entire incident is an enigma to me. It happened in several cases that the Führer, to whom I submitted all decisions which, as Supreme Commander, he had to ratify—that I may have put the signature, “By order of the Commander-in-Chief of the Army, Keitel.” By order—that might have been possible, otherwise I know nothing about it.

SIR DAVID MAXWELL-FYFE: Well, it does not look like that. Let me remind you of the words, “Maréchal Keitel, dans le cadré des pouvoirs qui lui ont été donnés les 26 et 27 Juin 1942.” That date. It is acting within the powers given to you by the Führer. Had you not been given the powers?

KEITEL: No, I did not have any such powers in that case. That is a mistake. However, I may have put a signature, “By order of the Commander-in-Chief of the Army, Keitel, Field Marshal.”

THE PRESIDENT: Are you passing from that?

SIR DAVID MAXWELL-FYFE: Yes, I was going to pass on.

THE PRESIDENT: Well, isn’t Document D-775 relevant to that? The last line of the first paragraph.

SIR DAVID MAXWELL-FYFE: My Lord, I am very grateful to you.

THE PRESIDENT: D-775. As I understand it, the defendant was saying that he did not know what would necessarily happen to these prisoners if they were handed over to the SD. Those are the last words of the first paragraph.

SIR DAVID MAXWELL-FYFE: Very good, My Lord.

[Turning to the defendant.] The words are, “...the handing over of airmen from the Air Force Reception Camp at Oberursel to the SD for special treatment.”

We know, Defendant, that “special treatment” means death. Didn’t you know, in 1944, what “special treatment” meant?

KEITEL: Yes, I know what “special treatment” meant. I do know that.

SIR DAVID MAXWELL-FYFE: Now, there is just one other point in the document which my friend General Rudenko put to you—on Saturday, I think it was, or Friday evening—Document EC-338. You remember General Rudenko put this. This document is the report of Admiral Canaris about treatment of prisoners of war, dealing with the position of the Soviet Union as not being signatory to the Convention. You remember the point that Admiral Canaris put to you, that although they were not signatories, since the 18th century there had been established a practice that war captivity was neither revenge nor punishment, but solely protective custody. Do you remember the document? It was a report from Canaris to you as of the 15th of September 1941, putting out the position of prisoners of war of a country that had not signed the Convention. You remember, you said you agreed with it but that you had to put on this statement that it was nonsense from the point of view of the present situation because it arose from a military concept of chivalrous warfare, that this was the destruction of an ideology. You said that you had to put that on, on Hitler’s instructions. Do you remember?

KEITEL: I had submitted to him the procedure and I asked that he read this, and upon that, I wrote out this note.

SIR DAVID MAXWELL-FYFE: Yes. Now, there is a Paragraph 3-aa which I want you to have in mind at the moment on the point I am dealing with now:

“The screening of the civilians and politically undesirable prisoners of war, as well as the decision over their fate, is effected by the action detachments of the Security Police...”

Sicherheitspolizei—that is underlined in purple, that is, it is your underlining, and opposite it is your pencilled note, “very efficient.” That is, “action detachments of the Security Police, very efficient.” Then it goes on, “...and the SD.” Then Admiral Canaris says, “...along principles which are unknown to the Wehrmacht authorities.” And you have put opposite “unknown to the Wehrmacht authorities”: “not at all.” Do you remember doing that?

KEITEL: I cannot recall it at the present moment. I must have made this remark in reference to the fact that this was unknown to the Wehrmacht. I think that is right.

SIR DAVID MAXWELL-FYFE: You see, it is perfectly clear. Admiral Canaris says it is unknown to the Wehrmacht authorities, and you put opposite to that, in your penciled notation, “not at all.” You could not have gotten that from Hitler; that must have been your own point, was it not, if you put in, in pencil, “not at all”? You must have thought that they were known to the Wehrmacht.

KEITEL: Not at all.

[The defendant read the document.]

I cannot clarify this statement. I put these remarks down in a hurry. I cannot identify or define them, neither can I give any clear explanation, because I do not know. However, I have the recollection that I wanted to make, or did make, a note to the effect that it remained unknown to the Wehrmacht and that is correct.

SIR DAVID MAXWELL-FYFE: Now, I just want to take you quite shortly on the last of my points, and then ask you one question about it. You have said to the Tribunal, I should think probably at least 25 times, that you were not interested in politics, that you simply took your orders as to military preparations. I just want to ask you a little about that.

First of all, let us take the Austrian problem. I only want to put one document to you there. You remember Defendant General Jodl’s account in his diary about the pretended military movements which, according to Defendant Jodl—I gather that you said that General Lahousen took a different view—had an immediate effect in Austria? Do you remember that? You must remember that.

KEITEL: Yes.

SIR DAVID MAXWELL-FYFE: Now, you suggested, did you not, these false military movements?

KEITEL: No, I neither devised nor suggested them; but it was an instruction of the Führer as he dismissed me that evening. I would not have thought of that myself.

SIR DAVID MAXWELL-FYFE: You have the document books that I gave you. Just look at that. It is 113 of the German document book.

It is 131 of Your Lordship’s document book, the larger document book.

Now, this is your document of the 13th, Defendant.

KEITEL: Yes, I recall.

SIR DAVID MAXWELL-FYFE: And it says, if you look at Paragraph 1, to take no real preparatory measures in the Army or Luftwaffe, no troop movements or redeployments, to spread false but quite credible news which may lead to the conclusion of military preparations against Austria. And it is through people in Austria and your customs personnel and through agents that you sent out the news, and by a make-believe wireless exchange and through maneuvers.

Now, you put that up to Hitler, and on the 14th Captain Eberhard gives the information by phone that the Führer has given his approval on all points. You were putting up what the false news and the false preparations were to be in order to get a political effect in Austria, were you not?

KEITEL: I made the proposal on the basis and instigation of instructions which had been given to me on my return to Berlin.

SIR DAVID MAXWELL-FYFE: Well now, I only want to deal quite shortly with this, and I think I can, but I want to show the same point with regard to Czechoslovakia.

Before you became Chief of the OKW you had been under Von Blomberg at the Ministry of War. Had you seen Von Blomberg’s plan for the invasion of Czechoslovakia, the directive dated 24 June 1937?

KEITEL: Yes, I knew that.

SIR DAVID MAXWELL-FYFE: You have?

KEITEL: Yes. It was no directive for an invasion; it was the annual preparatory work for mobilization. That is what it was and what I know.

SIR DAVID MAXWELL-FYFE: Well, Paragraph 2 reads:

“The task of the German Wehrmacht is to prepare in such a way that the bulk of the whole strength can break into Czechoslovakia quickly, by surprise, with the greatest force.”

I should have thought that was a preparation for an invasion. All I want, at the moment, is to know this: You knew of that plan, Defendant, did you not?

KEITEL: I believe, yes, that I read it at that time, but of course I do not remember the details any more.

SIR DAVID MAXWELL-FYFE: Now, you told this Tribunal that the first that you heard of the Führer’s plans against Czechoslovakia in 1938 was the interview with the Führer that you had on 21 April 1938. It is very easy to forget something, and I am not putting it to you that you are lying, Defendant, on this point. But that is not accurate, is it? You had correspondence with the Defendant Von Ribbentrop as early as the 4th of March, 6 weeks before, on this point, had you not, about the liaisoning with the Hungarian High Command? Isn’t that correct?

KEITEL: I cannot remember that; I have no idea.

SIR DAVID MAXWELL-FYFE: Just look at it. You see my point? You are stating that you were not dealing with politics, but if you will look at this document that I will give you in a moment—it is 2786-PS—you will see that it is apparently a letter from the Defendant Von Ribbentrop to you:

“Most Honored General: Enclosed I forward to you the minutes of a conference with the local Hungarian Ambassador for your confidential cognizance. As you can judge from it, Mr. Sztojay suggested that possible war aims against Czechoslovakia be discussed between the German and Hungarian Armies. I have many doubts about such negotiations. In case we should discuss with Hungary possible war aims against Czechoslovakia, danger exists that other parties as well would be informed about this.

“I would greatly appreciate it if you would notify me briefly whether any commitments were made here in any respect.”

And the Foreign Ministry encloses the minutes of his conversation with the ambassador.

KEITEL: I remember this incident only so far as an invitation by General Von Ratz was concerned. I did not know at all just what was to be discussed. Von Blomberg had been invited by Von Ratz also, and in my ignorance I questioned Hitler whether I should make such a visit. Hitler agreed and told me that he considered it appropriate. However, an operational General Staff meeting did not take place, it was just a hunting visit with General Ritter von Ratz.

THE PRESIDENT: The Court will recess now.

[A recess was taken.]

SIR DAVID MAXWELL-FYFE: I want to ask you very few questions on this part of the case, Defendant. Do you remember you told the Tribunal that on the 21st of April, when you saw Hitler, that he had either read to you or handed you a copy of the minutes which appear there, taken by Schmundt, about the basis of the “Fall Grün” against Czechoslovakia?

THE PRESIDENT: Sir David, isn’t this really a matter of argument rather than a matter for cross-examination? The witness says that insofar as the part he took in all these matters, it was military. The case of the Prosecution is that the part he took was political.

SIR DAVID MAXWELL-FYFE: My Lord, if I may say so, it is a very fair comment and received with greatest respect. The difficulty is, when a witness has said several times “it is political”—I mean, “it is only military”. I wanted to bring out the points that show it is political and I don’t want to cross anything which the Tribunal had in mind.

THE PRESIDENT: Well, I think the Tribunal have all the documents before them upon which they can judge, really, unless you have new documents.

SIR DAVID MAXWELL-FYFE: My Lord, there are not; and, My Lord, I will of course, accede at once to what the Tribunal says. My Lord, I should like to point out one document.

THE PRESIDENT: Sir David, I think the Tribunal does feel that the cross-examination is apt to get a little bit too long and sometimes too detailed.

SIR DAVID MAXWELL-FYFE: If Your Lordship pleases, I am sorry if that has been done, but, My Lord, the witness was in examination-in-chief, I think, 2 full days and in examination by the other defense counsel for half a day, and so far the Prosecution have only spent just 4 hours. So I hope Your Lordship won’t hold it too much against us. My Lord, the only document which I should like to—I shall not pursue the point in view of what Your Lordship has said—it is Page 31 of the document book. I only wanted you to have this in mind, because Your Lordship will remember that the witness said that the state of German preparations was such that he himself and the other generals did not think that a campaign against Czechoslovakia would succeed. Your Lordship will see that on that day General Halder, then Chief of Staff, said that the operation will definitely succeed and almost will be reached in the second day. My Lord, I only want to pass on that and I think it is only fair that the Tribunal should have that point in mind. I don’t think it has been referred to before. I will leave that point, as Your Lordship has indicated, and I will leave the other points on this part of the case, which I intended to do. I only want to deal with a different point entirely and then I shall finish.

[Turning to the defendant.] Defendant, the document which I have now passed to you is a document which gives the account of a conference between Hitler and yourself on the 20th of October 1939 with regard to the future shape of Polish relations, and I want you to look at Paragraph 3, the second subparagraph. I want to put one interview to you that arose out of that. That paragraph says:

“The Polish intelligentsia must be prevented from forming a ruling class. The standard of living in the country is to remain low. We want only to draw labor forces from there.”

Now, do you remember General Lahousen giving evidence? He said that Admiral Canaris had protested vehemently to you against, first of all, the projected shooting and extermination measures that were being directed particularly against the Polish intelligentsia, nobility, and clergy, as well as elements that could be regarded as embodiments of the national resistance movement. According to General Lahousen, Canaris said:

“Some day the world will make the Armed Forces, under whose eyes these events have occurred, also responsible for these events.”

Do you remember Admiral Canaris saying that to you or words to that effect?

KEITEL: I know only what General Lahousen testified here in court. I do not know anything about what Admiral Canaris said.

SIR DAVID MAXWELL-FYFE: Did Lahousen never give you any warning of any kind as to the fact that the Armed Forces might be held responsible for these actions that were being taken in Poland?

KEITEL: No. It was also my opinion that the Armed Forces would be made responsible, if such actions were taken without their approval and without their authorization. That was also the reason for the conference.

SIR DAVID MAXWELL-FYFE: And that was a point that did worry you very much; didn’t it?

KEITEL: Yes, I was extremely worried and I had very serious discussions about it, but not at that particular time.

SIR DAVID MAXWELL-FYFE: And wouldn’t it be fair to put it this way, that if you had known at the time all that you know now, you would have refused, even with all that you have told us, you would have refused to have anything to do with actions that produced concentration camps, mass murder, and misery to millions of people, or do you say that you still, knowing all that you know now, would have gone on with these actions?

KEITEL: No; I am convinced that if the German Armed Forces and their generals had known it, then they would have fought against these things.

SIR DAVID MAXWELL-FYFE: Thank you.

MR. THOMAS J. DODD (Executive Trial Counsel for the United States): If Your Honors please, I have just one question.

[Turning to the defendant.] A few days ago, on the morning of the 3rd of April, when you were on direct examination, we understood you to say that you had the feeling that you must accept responsibility for orders issued in your name, orders which you passed on, which were issued by Hitler; and on Friday afternoon, when Sir David was examining you, we understood you to say that as an old professional soldier you, of course, understood the traditions and indeed the principles of that profession that oblige a soldier not to carry out any order which he recognizes to be criminal in character. Is that understanding on our part correct?

KEITEL: Yes, I understood that.

MR. DODD: So that it is fair to say to you that under the obligations of your oath as a professional soldier, you did acknowledge carrying out criminal orders?

KEITEL: One can hardly put it that way. What should be said is that the type of government we had at the time and the authority of the head of state permitted such legislative power that the executive organs were not conscious of carrying out illegal orders. Of course, I was also aware of the fact that deeds were committed which were incompatible with right and justice.

MR. DODD: I understand you to say you did, with knowledge, carry out and pass on criminal or illegal orders. Is that a fair statement?

KEITEL: I did not have any inner conviction of becoming criminal in doing so, since after all it was the head of the state who, as far as we were concerned, held all the legislative power. Consequently I did not consider that I was acting criminally.

MR. DODD: Well, I do not want to devote any more time to you except to say this, to suggest to you that I think your answer is not responsive.

You told us that some of these orders were violations of the existing international law. An order issued in that form and on that basis is a criminal order, is an illegal order, is it not?

KEITEL: Yes, that is correct.

MR. DODD: Well, when you carried them out, you were carrying out criminal orders in violation of one of the basic principles of your professional soldier’s code, no matter by whom they were issued.

KEITEL: Yes.

THE PRESIDENT: Dr. Nelte, do you wish to re-examine?

DR. NELTE: Mr. President, I do not propose to put any further questions to the defendant regarding the actual facts involved in the case. It appears to me that after his frank statements, the objective facts have been clarified as much as is possible in this Trial.

Regarding the facts subjectively seen, it is necessary according to my conception, particularly with reference to the last question which has been asked by the American prosecutor, that certain supplementary statements be obtained.

[Turning to the defendant.] Once more, therefore, I am having the Canaris document shown to you, USSR-356, from which General Rudenko has presented to you your handwritten note and also the documents submitted by the British Prosecutor, D-762, 764, 766, 765, and 770.

According to statements made during the cross-examination your explanation regarding responsibilities appears to require a supplementary clarification. You have said that you passed on Hitler’s orders in cognizance of their contents. And now I come back to Mr. Dodd’s question and in light of the judgment to be passed on you, I must ask you, for it is of the greatest importance, how was it possible and how do you want to explain that these ruthless orders, in violation of the law of war, could be carried out by you or how, as it says in the note on the Canaris document, you could support them? You did have objections. You told us so. This is a matter that can be explained only by you, by yourself, since it is a personal affair and cannot be clarified with the help of documents, as such. A number of times you have told me, and now again you have emphasized it, that you desired to help us find a thorough and truthful explanation for everything.

Thus, I am asking you how was it possible and how do you explain that those orders and instructions were carried out and passed on by you and how is it that no effective resistance was met with?

KEITEL: About this clearing up, I realize that many orders and also notes which I wrote on documents that have been found and orders which I passed on, must seem incomprehensible to third parties, to outsiders, and particularly to foreigners.

To find an explanation for this, I must say that you had to know the Führer, that you have to know in what atmosphere I worked in, day and night, for years; you must not fail to consider just what the circumstances were, under which these events occurred. I have often testified here that I wanted to give expression to my scruples and objections, and that I did so. The Führer would then advance arguments which to him appeared decisive and he did so in his own, I must say, forceful and convincing way, stating the military and political necessities and making felt his concern for the welfare of his soldiers and their safety, as well as his concern about the future of our people. I must state that, because of that, but also because of the ever-increasing emergency, militarily speaking, in which we found ourselves, I convinced myself and often allowed myself to become convinced of the necessity and the rightness of such measures. So I would transmit the orders that were given, and promulgate them without letting myself be deterred by any possible effects they might have.

Perhaps this may be considered as weakness and perhaps I shall be accused of the same guilt. But at any rate, what I have told is the truth. During the examination by Sir David I myself admitted and acknowledged that I often had serious conflicts of conscience and that I often found myself in a position where I myself in some way or another was able to draw the consequences of these matters. But never did it enter my mind to revolt against the head of the state and the Supreme Commander of the Armed Forces or refuse him obedience. As far as I am concerned, and as a soldier, loyalty is sacred to me. I may be accused of having made mistakes, and also of having shown weakness towards the Führer, Adolf Hitler, but never can it be said that I was cowardly, dishonorable, or faithless.

This is what I had to say.

DR. NELTE: Mr. President, I have reached the end of my examination. I should like to ask you, if I may, only that the documents which have been offered to the Tribunal in the course of this examination, bearing the Numbers 1 and 2 in Document Book 2, named Documents Keitel-8 and Keitel-9, be admitted in evidence without the necessity of my reading any parts thereof. The Prosecution know the documents and they are agreeable.

THE PRESIDENT: Defendant, there is one question I should like to ask you. Are you suggesting that you ever put your protest or objections to the orders of Hitler in writing?

KEITEL: Once I handed him a protest in writing, yes. That I know for certain. In the other cases, and as far as I can recollect, the matters were discussed verbally.

THE PRESIDENT: Did you keep a copy of that protest?

KEITEL: I have nothing left, Mr. President, not a single piece of paper.

THE PRESIDENT: Did you keep a copy of the protest? I did not ask you whether you had a copy; I asked you whether you kept a copy. Did you make a copy?

KEITEL: I had a draft as well as the handwritten document which I also had given to him through the chief adjutant. I think I had the draft in my personal files, but now I no longer have it and I do not know where these files have gone. They could possibly have been in the hands of the chief of the Armed Forces central office, who dealt with personal matters in my office, or later on they may have got into the hands of the chief adjutant of the Führer, General Schmundt, I do not know. There, I think, the original of that document I sent at that time ought to be available.

THE PRESIDENT: And what was the occasion of the protest?

KEITEL: It was made in connection with another crisis in our relationship during which he had expressed his distrust, and in connection with the current controversies on basic matters of the conduct of the war.

THE PRESIDENT: But when?

KEITEL: I believe it was in 1940—1939-1940, in the winter of 1939-40.

THE PRESIDENT: And you cannot say more about it than that it was made on basic matters?

KEITEL: I clearly asked for permission to resign on account of the accusations made against me and for the reasons which I was quoting.

THE PRESIDENT: That is all. The defendant can return to his seat.

[The defendant left the stand.]

DR. NELTE: May I ask permission to submit the two documents to the Tribunal? I mentioned them before.

THE PRESIDENT: Yes, certainly. Are you going to call in any more witnesses?

DR. NELTE: I had asked the Tribunal to call to the stand the witness Dr. Lammers.

THE PRESIDENT: Very well.

DR. NELTE: Witness Dr. Lammers, please.

[The witness Lammers took the stand.]

THE PRESIDENT: Will you state your name in full.

HANS HEINRICH LAMMERS (Witness): Hans Heinrich Lammers.

THE PRESIDENT: Will you repeat this oath after me:

I swear by God—the Almighty and Omniscient—that I will speak the pure truth—and will withhold and add nothing.

[The witness repeated the oath in German.]

THE PRESIDENT: You may sit down if you wish.

DR. NELTE: Witness, I principally wished to question you on the OKW, its competencies, and the position held by the Defendant Field Marshal Keitel as Chief of the OKW. We have talked about the matter during our discussions, but since this will have been sufficiently clarified after the statements made by Göring and the defendant and statements yet to be made by other witnesses, and also to save time, I do not propose to ask you in general or in detail on this subject. But I would like you, as the Chief of the Reich Chancellery, to answer questions which others may not know as well as you do—you, who had participated in some way or other when certain decrees, and particularly that of the 4 February 1938, were drafted. May I ask you, therefore, to tell me, first of all, what brought about the big reshuffle of 4 February 1938?

LAMMERS: The Führer informed me that the Minister of War, Von Blomberg, was going to leave his position and that on that occasion he wanted to make certain other changes of personnel in the German Government and that in particular the Foreign Minister Von Neurath was going to retire and that here, too, a change would take place and that, furthermore, in the High Command of the Army, certain changes were about to be made. Subsequently, the Führer gave me the order to draft a decree regarding the leadership of the Wehrmacht. I was to participate in this in collaboration with the Wehrmacht Department of the War Ministry. As a guiding principle the Führer gave me the following instructions:

“In the future I no longer want to have a Reich Minister for War; and in the future I no longer want a Commander-in-Chief of the Wehrmacht who stands between me as the Supreme Commander, and the Commanders-in-Chief of the branches of the Wehrmacht.”

Accordingly, the decree was drafted, in which, to start with, the High Command of the Armed Forces became a military staff which was to be under the direct orders of the Führer. The Führer desired that there should be no independent authority here, which would stand between him and the Commanders-in-Chief of the branches of the Wehrmacht. Consequently, the then-appointed Chief of the OKW, General of Artillery Keitel, had no direct power of command over the branches of the Wehrmacht. Such power of command was out of the question if only for reasons of authority.

THE PRESIDENT: Has this not been really covered by the Defendant Keitel himself? No question in cross-examination has been put to him to challenge any of his statements upon the organization of the OKW; therefore, it seems to the Tribunal it is not necessary at all.

DR. NELTE: Mr. President, I already told that to the witness in my introductory words, I asked the witness only to tell me what brought about the reshuffle of 4 February 1938 and therefore he had to talk a little about the decree of 4 February 1938. I shall try and make Dr. Lammers’ examination as short as possible. I believe also that the circumstances surrounding the Chief of the OKW have been fully clarified, but it is, after all, a fundamental question. If a man of the standing of Dr. Lammers can confirm it, it would probably increase the value of the evidence.

THE PRESIDENT: If the Prosecution had put any questions in cross-examination suggesting that there was any inaccuracy in the evidence which the Defendant Keitel had given upon the subject, then, of course, it would be open to you and it would be necessary for you to call other evidence upon it; but, when the subject is not challenged in any shape or form, it is not necessary to confirm it.

DR. NELTE: In that case, Mr. President, I need not ask the witness any questions at all since the subject on which I was going to examine him was the position of the Defendant Keitel as Chief of the OKW, his position as a Minister, his functions as a so-called chairman of the Reich Defense Council, and his functions as a member of the Three Man College. In all these cases, no questions have been raised by the Prosecution.

THE PRESIDENT: Dr. Nelte, the Prosecution did raise the question as to whether the Defendant Keitel took part in any political action and upon that you may question him.

DR. NELTE: Thank you very much.

[Turning to the witness.] Dr. Lammers, what can you say from your personal knowledge, about the question as to whether the Defendant, Field Marshal Keitel, had to occupy himself with political matters on the strength of his position as Chief of the OKW, or did occupy himself with them?

LAMMERS: As Chief of the OKW, he had, in reality, nothing at all to do with political matters. The way I understand your question is that you want me to say whether Herr Keitel, in his capacity as Minister of War, did concern himself with political matters. I do not quite understand your question.

DR. NELTE: This has nothing to do with his position as the Chief of the OKW or Chief of Staff, nor has it anything to do with his functions in the Ministry of War. What I want you to testify to is—do you know whether the Defendant Keitel, during the time when he had held the position of Chief of the OKW, dealt with political questions, that is to say, primarily with foreign political questions?

LAMMERS: I cannot make any statement regarding the great political issues, particularly foreign political affairs, as far as Herr Keitel is concerned, since I, myself, had nothing to do with these questions.

DR. NELTE: All right, then. In that case I want to ask you a concrete question: You know that Field Marshal Keitel was present at receptions when President Hacha came, when there were meetings with other statesmen. In some cases you were probably also present. Can you say whether during such receptions, it was the function of Field Marshal Keitel to take part in the political discussions or not?

LAMMERS: As far as I know, Herr Keitel often took part in such discussions with foreign statesmen. I, myself, as a rule did not take part. You have mentioned President Hacha. It was an exception that I was there, for matters regarding the Protectorate were not regarded as foreign political matters by us. I hardly ever was present at foreign political discussions with competent men from abroad, at discussions of a political nature, and I cannot say, therefore, to what extent Herr Keitel did participate during such conferences. I assume though that he was frequently present during such conferences.

DR. NELTE: In other words, you cannot answer that question on the strength of your knowledge. In that case, I am asking you: In accordance with the wishes of Hitler, the author of the decree of 4 February 1938, with whom you have discussed its purposes, should the man who was to take over the position of Chief of the OKW have any political functions?

LAMMERS: In my opinion he was not to have any political functions as Chief of OKW, for he was immediately subordinate to the Führer.

DR. NELTE: Did it ever, at any time, become known to you, or did you ever get the impression that Field Marshal Keitel was a political general, in the sense that it was customary to call him a political general?

LAMMERS: I never had that impression.

DR. NELTE: Mr. President, I have no further questions to ask the witness since everything else he was to make statements on has already been clarified.

THE PRESIDENT: Dr. Nelte, the Tribunal thinks that you may have misunderstood what I said to you about whether you should ask any questions about the Defendant Keitel as a member of the Reich Defense Council. If this witness can give any evidence upon that point, you may question him upon it.

DR. NELTE: Witness, in the Reich Defense Law of 1938, you, as Chief of the Reich Chancellery, were appointed a permanent member of the Reich Defense Council. Do you know if this Reich Defense Law, including the Reich Defense Council, ever became effective?

LAMMERS: The Reich Defense Law was made but was never promulgated as such. Therefore in my opinion, it has never become a law. The contents of the Reich Defense Law were partially applied as, so to speak, secret instructions of the Führer. The Reich Defense Law provided for a Reich Defense Council. That Reich Defense Council, as such, as far as I know, never convened. I, at any rate, have never received an invitation to attend a meeting, and, in my recollection, I have never taken part in any meeting of this Reich Defense Council.

Two meetings; however, were supposed to have taken place, as I have heard, which have been called meetings of the Reich Defense Council. But I believe that these meetings, because of the large number of people attending them—I think there were 60 or 80—were meetings called by the Delegate for the Four Year Plan in this capacity. I do remember having partaken in such meetings. Apart from that, after the Reich Defense Law had been formulated, I heard so little of it during the subsequent years that I myself did not remember that I had been appointed a permanent member of this Reich Defense Council. At any rate, in such meetings, if they were meetings of the Reich Defense Council, in which I had partaken, no matters directly concerned with the defense of the Reich were discussed.

DR. NELTE: Do you know anything about the tasks which the Reich Defense Council were supposed to have?

LAMMERS: I know no more about their tasks than was contained in the law, which was not published; and as far as I can recall, these were only general descriptions, very general, of the tasks to be performed, all pertaining to the defense of the Reich.

DR. NELTE: It has been stated by the Prosecution here that the Reich Defense Council was an instrument for the planning of aggressive war. At any rate, an instrument for aggressions and for rearmament. Is there anything you know as to whether the Reich Defense Council was directly or indirectly involved in undertaking or carrying out such tasks?

LAMMERS: Nothing at all is known to me about that.

DR. NELTE: I should like to put now a few questions to you regarding the Secret Cabinet Council of which, according to the law, you were supposed to be a member. Defendant Keitel was to have been a member of the Secret Cabinet Council, and it does, in fact, say so in that law. What can you tell us about that law?

LAMMERS: When Von Neurath resigned as Foreign Minister, the Führer wanted to give Von Neurath as much prominence as possible in the eyes of the world, and he ordered me to draw up a decree regarding a Secret Cabinet Council of which Herr Von Neurath was to be President, with the title President of the Secret Cabinet Council. Other members were, as far as I can recall, the Reich Foreign Minister; the Deputy of the Führer, Reich Minister Hess; Field Marshal Keitel; and I, myself. I think that is all.

But I gathered from statements made by the Führer that the creation of this council was purely a formal matter which was to procure a special position for Herr Von Neurath in the eyes of the public. I was convinced that the Führer would never call a meeting of the Secret Cabinet Council. In fact, the Secret Cabinet Council has never actually met, not even for a constitutional meeting. It never received any task from the Führer through me; it merely existed on paper.

THE PRESIDENT: Witness, if it was a secret, how could it affect the public?

LAMMERS: Through the promotion of the Reich Minister Von Neurath it was to be shown to the public that there were no fundamental differences of opinion between the Führer and the Reich Foreign Minister Von Neurath justifying his resignation. It was to be demonstrated that all was well between the Führer and Von Neurath; that in fact, because of his valuable knowledge of foreign political matters, Herr Von Neurath had been given, so to say, a higher position in the foreign political field by being appointed President of the Secret Cabinet Council.

DR. NELTE: This, in other words, was a sort of camouflage for his resignation?

LAMMERS: Yes.

DR. NELTE: I have another question. Field Marshal Keitel, as Chief of the OKW, has been accused of having countersigned certain laws, and I am now asking you what was the significance of the fact that the Chief of the OKW countersigned the laws?

LAMMERS: Since he was exercising the authority, of the Minister for War, he was obliged to countersign these laws. He assumed the responsibility, vis-à-visthe Führer, that the Armed Forces, and everything connected with the former Ministry of War were given proper consideration.

Keitel could only exercise his war ministerial authority by mandate of the Führer, as specified in the decree, and as a result he was obliged to ask the Führer whether he could countersign or not. His authority as Minister for War was limited, in comparison, with that of any other minister who simply applied his signature as an ordinary minister, whereas Field Marshal Keitel could only exercise his war ministerial authority by mandate of the Führer.

DR. NELTE: In other words, if I understand you correctly, you want to say that Field Marshal Keitel was not a Minister?

LAMMERS: He was not a Minister as becomes clear from the decree which expressly states that he only had the rank of a Minister.

DR. NELTE: Do you mean, in other words, that if he had been a Minister that you would not have had to give him full ranking of a Minister? But then, he was also a member of the Ministerial Council for the Defense of the Reich. Did not that make him a minister?

LAMMERS: Nothing was altered in his position in the Reich Government through that membership.

DR. NELTE: You mean no, don’t you?

LAMMERS: Yes, I mean no.

DR. NELTE: Thank you very much.

THE PRESIDENT: The Tribunal will adjourn until 1400.

[The Tribunal recessed until 1400 hours.]