The Nuremberg Trials (Vol.2). International Military Tribunal
that Germany during the period from 12 February 1938 to 13 March 1938 did by duress and various aggressive acts, including the use of military force, cause the Federal State of Austria to yield up its sovereignty to the German State in violation of Germany’s agreement to recognize the full sovereignty of the Federal State of Austria.
XVIII. Charge:
Violation of German assurances given on 30 January 1937, 28 April 1939, 26 August 1939, and 6 October 1939 to respect the neutrality and territorial inviolability of the Netherlands.
Particulars:
In that Germany, without warning, and without recourse to peaceful means of settling any considered differences did, on or about 10 May 1940, with a military force and in violation of its solemn assurances, invade, occupy, and attempt to subjugate the sovereign territory of the Netherlands.
XIX. Charge:
Violation of German assurances given on 30 January 1937, 13 October 1937, 28 April 1939, 26 August 1939 and 6 October 1939, to respect the neutrality and territorial integrity and inviolability of Belgium.
Particulars:
In that Germany, without warning, did on or about 10 May 1940, with a military force and in violation of its solemn assurances and declarations, attack, invade, and occupy the sovereign territory of Belgium.
XX. Charge:
Violation of assurances given on 11 March 1938 and 26 September 1938 to Czechoslovakia.
Particulars:
In that Germany, on or about 15 March 1939 did, by establishing a Protectorate of Bohemia and Moravia under duress and by the threat of force, violate the assurance given on 11 March 1938 to respect the territorial integrity of the Czechoslovak Republic and the assurance given on 26 September 1938 that, if the so-called Sudeten territories were ceded to Germany, no further German territorial claims on Czechoslovakia would be made.
XXI. Charge:
Violation of the Munich Agreement and Annexes of 29 September 1938.
Particulars:
(1) In that Germany, on or about 15 March 1939, did by duress and the threat of military intervention force the Republic of Czechoslovakia to deliver the destiny of the Czech people and country into the hands of the Führer of the German Reich.
(2) In that Germany refused and failed to join in an international guarantee of the new boundaries of the Czechoslovakian State as provided for in Annex No. 1 to the Munich Agreement.
XXII. Charge:
Violation of the solemn assurances of Germany given on 3 September 1939, 28 April 1939, and 6 October 1939 that they would not violate the independence or sovereignty of the Kingdom of Norway.
Particulars:
In that Germany, without warning did, on or about 9 April 1940, with its military and naval forces attack, invade, and commit other acts of aggression against the Kingdom of Norway.
XXIII. Charge:
Violation of German assurances given on 28 April 1939 and 26 August 1939 to respect the neutrality and territorial inviolability of Luxembourg.
Particulars:
In that Germany, without warning, and without recourse to peaceful means of settling any considered differences, did, on or about 10 May 1940, with a military force and in violation of the solemn assurances, invade, occupy, and absorb into Germany the sovereign territory of Luxembourg.
XXIV. Charge:
Violation of the Treaty of Non-Aggression between Germany and Denmark signed at Berlin 31 May 1939.
Particulars:
In that Germany without prior warning, did, on or about 9 April 1940, with its military forces, attack, invade, and commit other acts of aggression against the Kingdom of Denmark.
XXV. Charge:
Violation of Treaty of Non-Aggression entered into between Germany and U.S.S.R. on 23 August 1939.
Particulars:
(1) In that Germany did, on or about 22 June 1941, employ military forces to attack and commit acts of aggression against the U.S.S.R.
(2) In that Germany without warning or recourse to a friendly exchange of views or arbitration did, on or about 22 June 1941, employ military forces to attack and commit acts of aggression against the U.S.S.R.
XXVI. Charge:
Violation of German assurance given on 6 October 1939 to respect the neutrality and territorial integrity of Yugoslavia.
Particulars:
In that Germany without prior warning did, on or about 6 April 1941, with its military forces attack, invade and commit other acts of aggression against the Kingdom of Yugoslavia.
THE PRESIDENT: The Tribunal will now adjourn until 10 o’clock tomorrow morning.
[The Tribunal adjourned until 21 November 1945 at 1000 hours.]
SECOND DAY
Wednesday, 21 November 1945
Morning Session
THE PRESIDENT: A motion has been filed with the Tribunal and the Tribunal has given it consideration, and insofar as it may be a plea to the jurisdiction of the Tribunal, it conflicts with Article 3 of the Charter and will not be entertained. Insofar as it may contain other arguments which may be open to the defendants, they may be heard at a later stage.
And now, in accordance with Article 24 of the Charter, which provides that, after the Indictment has been read in court, the defendants shall be called upon to plead guilty or not guilty, I now direct the defendants to plead either guilty or not guilty.
DR. DIX: May I speak to Your Lordship for just a moment?
THE PRESIDENT: You may not speak to me in support of the motion with which I have just dealt on behalf of the Tribunal. I have told you that so far as that motion is a plea to the jurisdiction of the Tribunal, it conflicts with Article 3 of the Charter and will not be entertained. Insofar as it contains or may contain arguments which may be open to the defendants, those arguments may be heard hereafter.
DR. DIX: I do not wish to speak on the subject of a motion. As speaker for the Defense I should like to broach a technical question and voice a question to this effect on behalf of the Defense. May I do so? The Defense Counsel were forbidden to talk to the defendants this morning. It is absolutely necessary that the Defense Counsel should be able to speak to the defendants before the session. It often happens that after the session one cannot reach one’s client at night. It is quite possible that counsel may have prepared something overnight which he wishes to discuss with the defendant before the session. According to our experience it is always permissible for the Defense Counsel to speak to the defendant before the session. The question of conferring between Defense Counsel and clients during sessions could be dealt with at a later date.
At present I request, on behalf of the entire Defense, that we be allowed to confer with our clients in the courtroom, into which they usually are brought at a very early hour. Otherwise, we shall not be in a position to conduct the defense in an efficient and appropriate manner.
THE PRESIDENT: I am afraid that you cannot consult with your clients in the courtroom except by written communication. When you are out of the courtroom, security regulations can be carried out and, so far as