3
Dec. 45
important
to furnish this proof. If the assertion
is unfounded or only partially founded,
the gas attack is to be represented only
as the need for carrying out a justified
reprisal, in the same way as the
Italians did in the Abyssinian war. In
this case, however, the justification
for such harsh reprisals must also be
proved."
From
Nuremberg on the 10th of September, Hitler
issued an order bringing the Reichsarbeitsdienst
(the German Labor Service) under the OKW. . .
THE PRESIDENT: There is another short
passage which seems to be material.
MR.
ALDERMAN: I was very much tempted to read the
whole document.
THE PRESIDENT: The
justification of number 10.
MR.
ALDERMAN: Number 10 was, "In course of
their duty, German aircraft fly over Polish
territory where they are involved in an air
battle with Czech aircraft."
Under
the heading, "Attitude of the International
Law Group":
"According
to Article 1 of the Fifth Hague
Convention of 18 October 1907, the
territory of neutral powers is not to be
violated. A deliberate violation by
flying over this territory is a breach
of international law if the neutral
powers have declared an air barrier for
combat aircraft. If German planes fly
over Polish territory this constitutes a
violation of international law, provided
that this action is not expressly
permitted. "
Now
under the heading, "Justification by the
Laws of War," is this:
"An
attempt at denials should first be made;
if this is unsuccessful a request for
pardon should be made (on the grounds of
miscalculation of position) to the
Polish Government and compensation for
damage guaranteed."
I had referred to an order issued by Hitler on
10 September 1933 from Nuremberg, bringing the
German Labor Service under the OKW. This
top-secret order, of which 25 copies were made,
is Item 20 in the Schmundt file, Page 44. I will
read that order:
"1.
The whole RAD organization comes under
the command of the Supreme Command of
the Army effective 15 September.
"2.
The Chief of OKW decides on the first
commitments of this organization in
conjunction with the Reich Labor Leader
(Reichsarbeitsführer) and on
assignments from time to time to the
Supreme Commands of the Navy, Army, and
Air Force. Where questions arise with
regard to competency he will make a
final decision in accordance with my
instructions.