Constantin von Neurath
Von Neurath is indicted under all Four Counts. He is a professional diplomat who
served as German Ambassador to Great Britain from 1930 to 1932.
On 2nd June, 1932, he was appointed Minister of Foreign Affairs in the von Papen cabinet, a position
which he held under the cabinets of von Schleicher and Hitler. Von Neurath
resigned as Minister of Foreign Affairs on 4th February, 1938,
land was made Reichs Minister without Portfolio, President of the Secret
Cabinet Council and a member of the Reich Defence council On 18th March, 1939, he was appointed
Reich Protector for Bohemia and Moravia, and served in this capacity
until 27th September, 1941.
He held the formal rank of Obergruppenfuehrer in the SS.
Crimes against Peace
As Minister of Foreign Affairs, von Neurath advised Hitler in connection
with the withdrawal from the Disarmament Conference and the League of
Nations on 14th October, 1933,
the institution of rearmament, the passage on 16th March, 1935,
of the law for universal military service; and the passage on 21st May,
1935, of the secret Reich Defence Law. He was a key figure in the negotiation
of the Naval Accord entered into between Germany and England on 18th
June, 1935. Von Neurath played an important part in Hitler's decision
to reoccupy the Rhineland on 7th March, 1936,
and predicted that the occupation could be carried through without any
reprisals from the French. On 18th May, 1936, he told the American Ambassador
to France that it was the policy of the German Government to do nothing
in foreign affairs until " the Rhineland had been digested "
and that as soon as the fortifications in the Rhineland had been constructed
and the countries of Central Europe realised that France could not enter
Germany at will, "all those countries will begin to feel very differently
about the foreign policies and a new constellation will develop."
Von Neurath took part in the Hoszbach conference of
5th November, 1937. He has testified that he was so shocked by Hitler's
statements that he had a heart attack. Shortly thereafter, he offered
to resign, and his resignation was accepted on 4th February, 1938, at
the same time that von Fritsch and von Blomberg were
dismissed. Yet with knowledge of Hitler's aggressive plans he retained
a formal relationship with the Nazi regime as Reichs Minister without
Portfolio, President of the Secret Cabinet Council and a member of the
Reichs Defence Council. He took charge of the Foreign Office at the
time of the occupation of Austria, assured the British Ambassador that
this had not been caused by a German ultimatum, and informed the Czechoslovakian
Minister that Germany intended to abide by its arbitration convention
with Czechoslovakia. Von Neurath participated in the last phase of the
negotiations preceding the Munich Pact but contends that he entered
these discussions only to urge Hitler to make every effort to settle
the issues by peaceful means.
Criminal Activities in Czechoslovakia
Von Neurath was appointed Reichs Protector for Bohemia
and Moravia on 18th March, 1939.
Bohemia and Moravia were occupied by military force. Hacha's consent,
obtained as it was by duress, cannot be considered as justifying the
occupation. Hitler's decree of 16th March, 1939, establishing the Protectorate,
stated that this new territory should belong henceforth to the territory
of the German Reich ", an assumption that the Republic of Czechoslovakia
no longer existed. But it also went on the theory that Bohemia and Moravia
retained their sovereignty subject only to the interests of Germany
as expressed by the Protectorate. Therefore even if the doctrine of
subjugation should be considered to be applicable to territory occupied
by aggressive action, the Tribunal does not believe that this Proclamation
amounted to an incorporation which was sufficient to bring the doctrine
into effect. The occupation of Bohemia and Moravia must therefore be
considered a military occupation covered by the rules of warfare. Although
Czechoslovakia was not a party to the Hague Convention of 1907, the
rules of land warfare expressed in this Convention are declaratory of
existing international law and hence are applicable.
As Reichs Protector, von Neurath instituted an administration
in Bohemia and Moravia similar to that in effect in Germany. The free
press, political parties and trade unions were abolished. All groups
which might serve as opposition were outlawed. Czechoslovakian industry
was worked into the structure of German war production, and exploited
for the German war effort. Nazi anti-Semitic policies and laws were
also introduced. Jews were barred from leading positions in Government
and business.
In August, 1939, von Neurath issued a proclamation
warning against any acts of sabotage and stating that " the responsibility
for all acts of sabotage is attributed not only to individual perpetrators
but to the entire Czech population." When the war broke out on
1st September, 1939, 8,000 prominent Czechs were arrested by the Security
Police in Bohemia and Moravia and put into protective custody. Many
of this group died in concentration camps as a result of mistreatment.
In October and November, 1939, Czechoslovakian students
held a series of demonstrations. As a result, on Hitler's orders, all
universities were closed, 1,200 students imprisoned, and the nine leaders
of the demonstration shot by Security Police and SD. Von Neurath testified
that he was not informed of this action in advance, but it was announced
by proclamation over his signature posted on placards throughout the
Protectorate which he claims, however, was done without his authority.
On 31st August, 1940,
von Neurath transmitted to Lammers a memorandum which he had prepared
dealing with the future of the Protectorate, and a memorandum with his
approval prepared by Carl Herman Frank on the same subject. Both dealt
with the question of Germanisation and proposed that the majority of
the Czechs might be assimilated racially into the German nation. Both
advocated the elimination of the Czechoslovakian intelligentsia and
other groups which might resist Germanisation, von Neurath's by expulsion,
Frank's by expulsion or " special treatment."
Von Neurath has argued that the actual enforcement
of the repressive measures was carried out by the Security Police and
SD who were under the control of his State Secretary, Carl Herman Frank,
who was appointed at the suggestion of Himmler and who, as a Higher
SS and Police Leader, reported directly to Himmler. Von Neurath further
argues that anti-Semitic measures and those resulting in economic exploitation
were put into effect in the Protectorate as the result of policies decided
upon in the Reich. However this may be, he served as the chief German
official in the Protectorate when the administration of this territory
played an important role in the wars of aggression which Germany was
waging in the East knowing that war crimes and crimes against humanity
were being committed under his authority.
In mitigation it must be remembered that von Neurath
did intervene with the Security Police and SD for the release of many
of the Czechoslovaks who were arrested on 1st September, 1939, and for
the release of students arrested later in the fall. On 23rd September,
1941, he was summoned before Hitler and told that he was not being harsh
enough and that Heydrich was being sent to the Protectorate to combat
the Czechoslovakian resistance groups. Von Neurath attempted to dissuade
Hitler from sending Heydrich, but in vain, and when he was not successful
offered to resign. When his resignation was not accepted he went on
leave, on 27th September, 1941, and refused to act as Protector after
that date. His resignation was formally accepted in August, 1943.
Conclusion
The Tribunal finds that von Neurath is guilty under
all four Counts.
Sources:
The Avalon Project
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