. ©MAZAL LIBRARY

NMT10-T0226


. NUERNBERG MILITARY TRIBUNAL
Volume X · Page 226
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one of the regrettable handicaps of the defense, which I am certain the Tribunal will fully appreciate, that many of the men with whom he so cooperated like Admiral Canaris and General Wagner can no longer give testimony as they were killed by Hitler as his avowed opponents.

Warlimont is accused of having participated in starting aggressive wars. It is obvious that wars may be conducted offensively. The prosecution takes great pains to blur over the distinction between offensive warfare and aggressive warfare. It is the task of all general staff officers of all armies to make each in his place – their contributions to plans which are laid down in preparation for wars in which their countries might be involved. That is their professional duty. It lies beyond their duty to make decisions, as to whether an aggressive war will be waged. It would set a dangerous precedent to say that they have to examine the question of whether offensive plans might be used for an aggressive war. The IMT has been very careful to limit the scope of responsibility for aggressive wars. It has nowhere objected to the participation of a man in the war efforts of his country, not even of Speer who was responsible for the whole field of the German armament production. Warlimont participated in the war effort as a general staff officer, but not in initiating aggressive wars.

While this Tribunal has been in session, the world has witnessed the beginning of a new war. The world has been staring at a spot on the map where it was to start on a given date. Is it an aggressive war? Who is the aggressor? Nothing could illustrate the terrible responsibility of deciding such a question more clearly than what we are witnessing in these days. The world does not seem to think that anybody expects of the soldier in the rank and file or of the officer on the staff, that they consider the distinction between offensive and aggressive action while they are doing their duty. This duty is to fight. The responsibility for that distinction lies elsewhere.  
 
G. Extract From the Opening Statement for
Defendant Reinecke*  
 
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DR. SURHOLT: The charges made regarding mass killings of segregated Russian prisoners of war range among the most serious charges made before the Nuernberg Tribunals. On this point in particular documents are available, and although they are by no  
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* Complete opening statement is recorded in mimeographed transcript, 2 July 1948, pp. 7153-7178.
 
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