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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.
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