7 Dec. 45

And then, on the following page:

"The Belgian Government have taken note with great satisfaction of the declaration communicated to them this day by the German Government. They thank the German Government warmly for this communication."
My Lord, may I pause there to emphasize that document. There in October of 1937 is Germany giving a solemn guarantee to this small nation of its peaceful aspiration towards her and its assertion that the integrity of the Belgian frontier was a common interest between her and Belgium and the other Western Powers.

You have before you to try the leaders of the German Government and the leaders of the German Armed Forces. One doesn't have to prove, does one, that every one of those accused must have known perfectly well of that solemn undertaking given by his government? Every one of these accused in their various spheres of activity-some more actively than the others-were party to the shameless breaking of that treaty two and a half years afterwards, and I submit that on the ordinary laws of inference and justice all those men must be fixed as active participators in that disgraceful breach of faith which brought misery and death to so many millions.

Presumably it will be contended on the part, for instance, of Keitel and Jodl that they were merely honorable soldiers carrying out their duty. This Tribunal, no doubt, will inquire what code of honor they observe which permits them to violate the pledged word of their country.

That this declaration of October 1937 meant very little to the leaders and to the High Command of Germany can be seen by the next document, which is Document PS-375 in the bundle. It is already an exhibit, USA-84, and has been referred to many times already. May I just refer — or remind the Tribunal — to one sentence or two. The document comes into existence on the 25th of August 1938 at the time when the Czechoslovakian drama was unfolding, and it was uncertain at that time whether there would be war with the Western Powers. It is top secret, prepared by the 5th section of the General Staff of the German Air Force. The subject: "Extended Case Green-Estimate of the Situation." Probably the more correct words would be: "Appreciation of the Situation with Special Consideration of the Enemy." Apparently some staff officer had been asked to prepare this appreciation. In view of the fact that it has been read before, I think I need only read the last paragraph which is Paragraph H and it comes at the bottom of Page 6, the last page but one of the document. Now 11, "Requests to Armed Forces Supreme Command, Army and Navy". This, you see, was an appreciation addressed by an Air Force staff officer. So these are requests