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Konstantin von Von Neurath

The International Military Tribunal trials at Nuremberg [Nuernberg] in 1946 charged the defendants with four crimes. Count One charged all of the defendants with being "leaders, organizers, instigators, or accomplices in the formation or execution of a common plan or conspiracy to commit, or which involved the commission of, Crimes against Peace, War Crimes, and Crimes against Humanity." Count Two charged the defendants with crimes against peace by their participation "in the planning, preparation, initiation, and waging of wars of aggression." Count Three charged the defendants with war crimes. Count Four charged the defendants with crimes against humanity. Von Neurath was indicted under all four counts.

He was a professional diplomat who served as German Ambassador to Great Britain from 1930 to 1932. On June 2,1932, he was appointed Minister of Foreign Affairs in the von Papen cabinet, a position which he held under the cabinets of von Schleicher and Hitler. Von Neurath resigned as Minister of Foreign Affairs on February 4, 1938, and was made Reich Minister without Portfolio, President of the Secret Cabinet Council and a member of the Reich Defense Council. On March 18,1939, he was appointed Reich Protector for Bohemia and Moravia, and served in this capacity until September 27, 1941. He held the formal rank of Obergruppenfuehrer in the SS.

As Minister of Foreign Affairs, von Neurath advised Hitler in connection with the withdrawal from the Disarmament Conference and the League of Nations on October 14,1933 ; the institution of rearmament; the passage on March 16, 1935, of the law for universal military service; and the passage on May 21, 1935, of the secret Reich Defense Law. He was a key figure in the negotiation of the Naval Accord entered into between Germany and England on June 18,1935. Von Neurath played an important part in Hitler's decision to re-occupy the Rhineland on March 7, 1936, and predicted that the occupation could be carried through without any reprisals from the French. On May 18, 1936, he told the American Ambassador to France that it mas 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 November 5, 1937. He testified at Nuremberg 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 February 4,1938, at the same time that voll Fritsch and von Blomberg were dismissed. Yet with knomledge of Hitler's aggressive plans he retained a formal relationship with the Nazi regime as Reichs Minister without Portfolio, President of the Secret Cabinet Council and a member of the Reichs 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 contended at Nuremberg that he entered these discussions only to urge Hitler to make every effort to settle the issues by peaceful means.

Von Neurath was appointed Reich Protector for Bohemia and Moravia on March 18, 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 March 16, 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. There-fore 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 Czechoslo- vakia was not a party to the Hague Convention of 1907, the rules of land warfare expressed in this colzvention are declaratory of existing international law and hence are applicable.

As Reichs Protector, von Neurath instituted an administration in Bohemia and Moravia similar to that in effect in Germany. The free press, political parties, and trade unions were abolished. All groups which might serve as opposition were outlawed. Czechoslovakian in- dustry was worked into the structure of German mar production, and exploited for the German war effort. Nazi anti-Semitic policies and laws were also introduced. Jews were barred from leading positions in Government and business.

In August 1939, von Neurath issued a proclamation warning against any acts of sabotage and stating that "the responsibility for all acts of sabotage is attributed not only to individual perpetrators but to the entire Czech population." When the war broke out on September 1, 1939, 8,000 prominent Czechs were arrested by the security police in Bohemia and Moravia and put into protective custody. Ifany of this group died in concentration camps as a result of mistreatment.

In October and November 1939, Czecl~oslovakian students held a series of demonstrations. As a result, on Hitler's orders, all nniver- sities were closed, 1,200 students imprisoned, and the 9 leaders of the demonstration shot by security police and SD. Von Neurath testified that he was not informed of this action in advance, but it was announced by proclamation over his signature posted on placards througllout the protectorate, which he claims, however, was done without his authority.

On August 31, 1940, von Neurath transmitted to Lammers a memorandum which he had prepared dealing with the future of the protectorate, and a meinoranclum with his approval prepared by Carl Herman Frank on the same subject. Both dealt with the question of Germanization and proposed that the majority of the Czechs might be assimilated racially into the German Nation. Both advocated the elimination of the Czechoslovakian intelligentsia and other groups which might resist Germanization, von Neurath's by expulsion, Fmnk's by expulsion or "special treatment."

Von Neurath argued at Nuremburg that the actual enforcement of the repressive measures was carried out by the security police and SD who mere under the control of his State secretary, Carl Herman Frank, who was appointed at the suggestion of Himinler and who, as a higher SS and police leader, reported directly to Hiinmler. Von Neurath further argued that anti-Semitic measures and those resulting in economic exploitation were put into effect in the protectorate as the result of policies decided upon in the Reich.

However this may be, he served as the chief German official in the protectorate when the adininistration of this territory played an important role in the wars of aggression which Germany was waging in the east, knowing that war crimes and crimes against humanity were being committed under his authority. In mitigation it must be remembered that von Neurath did intervene with the security police and SD for the release of many of the Czechoslovaks who mere arrested on September 1,1939, and for the release of students arrested later in the fall. On September 23, 1941, he was summoned before Hitler and told that he mas not being harsh enough and that Heydrich was being sent to the protectorate to combat the Czechos1ovakian resistance groups. Von Neurath attempted to dissuade Hitler from sending Heydrich, but in vain, and when he was not successful offered to resign. When his resignation was not accepted he went on leave, on September 27, 1941, and refused to act as Protector after that date. His resignaticn was formally acceptecl in August 1943.

The Tribunal found that von Neurath was guilty under all four counts.