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 realized that France
could not enter Germany at will, "all those countries will begin
to feel very differently about their foreign policies and a new
constellation will develop".
Von Neurath took part in the Hossbach conference of 5 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 4 February 1938, at the same time
that Von Fritsch and Von Blomberg were dismissed. Yet with knowledge
of Hider's aggressive plans he retained a formal relationship with
the Nazi regime as Reich Minister without Portfolio, President of the
Secret Cabinet Council and a member of the Reich Defense 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 Reich Protector for
Bohemia and Moravia on 18 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 16 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.