Some comment on the nature of this alleged group is
requisite. According to the Indictment and evidence before the
Tribunal, it consists of approximately 130 officers, living and dead,
who at any time during the period from February 1938, when Hitler
reorganized the Armed Forces, and May 1945, when Germany surrendered,
held certain positions in the military hierarchy. These men were
high-ranking officers in the three armed services: OKH Army,
OKM Navy, and OKL Air Force. Above them was the overall
Armed Forces authority, OKW High Command of the German Armed
Forces with Hitler as the Supreme Commander. The officers in OKW,
including Defendant Keitel as Chief of the High Command, were in a
sense Hitler's personal staff. In the larger sense they coordinated
and directed the three services, with particular emphasis on the
functions of planning and operations.
The individual officers in this alleged group were, at one time
or another, in one of four categories: 1) Commanders-in-Chief of one
of the three services; 2) Chief of Staff of one of the three
services; 3) ''Oberbefehlshabers'', the field Commanders-in-Chief of
one of the three services, which of course comprised by far the
largest number of these persons; or 4) an OKW officer, of which there
were three, Defendants Keitel and Jodl, and the latter's Deputy
Chief, Warlimont. This is the meaning of the Indictment in its use of
the term "General Staff and High Command".
The Prosecution has here drawn the line. The Prosecution does not
indict the next level of the military hierarchy consisting of
commanders of army corps, and equivalent ranks in the Navy and Air
Force, nor the level below, the division commanders or their
equivalent in the other branches. And the staff officers of the four
staff commands of OKW, OKH, OKM, and OKL are not included. nor are
the trained specialists who were customarily called General Staff
officers.
In effect, then, those indicted as members are military leaders
of the Reich of the highest rank. No serious effort was made to
assert that they composed an "organization" in the sense of
Article 9. The assertion is rather that they were a
"group", which is a wider and more embracing term than
"organization."
The Tribunal does not so find. According to the evidence, their
planning at staff level, the constant conferences between staff
officers and field commanders, their operational technique in the
field and at headquarters was much the same as that of the armies,
navies, and air forces of all other countries. The over-all effort of
OKW at coordination and direction could be matched by a similar,
though not identical form of organization in other military forces,
such as the Anglo-American Combined Chiefs of Staff.