We can now pass to the next document which is on page 67 of the English, and page 52 of the German. If there is any document that is basic in this case, it is this document which we are now about to introduce, NOKW 258, which becomes prosecution Exhibit No 53. This is Field Marshal' Keitel's directive of 16 September 1941 for the suppression of the Communist insurgent movement in the occupied territories. You can see from the distribution list which appears on page 69 of the English and on page 53 of the German that it went to the units operating in Serbia under the command of Field Marshal List. It went to the Corps Command, 65. It went to the 342 Jaeger Division, and it went to the 125 Infantry Regiment. The document originates from the Fuhrer's headquarters, dated 16 September 1941. Forty copies were distributed of which this is the second.
1) Since the beginning of the campaign against Soviet Russia-communist insurgents movements have broken out. The forms they take have increased from propanganda measures and attacks against individual members of the Wehrmacht to open revolt and widespread band warfare. It is established that it is a question of centrally directed mass movement which also must be made responsible for minor isolated incident appearing in territories quiet up to now.
In view of the manifold political and economic tension in the occupied territories one must also assume that nationalists and other circles will exploit this opportunity to cause difficulties for the German occupation power by joining the communist revolt.
In this way an increasing danger for the German conduct of the war arises which shows itself at first in a general insecurity for the occupation units, and which has also led to the transfer of forces to the main places of unrest.
2) Measures taken up to now to counteract this general com munist insurgent movement have proved themselves to be inadequate.
The Fuehrer has not ordered that severest means are to be employed in order to break down this movement in the shortest time possible.
Only in this manner, which has also been applied successfully in the history of the extension of power of great peoples can quiet be restored.
3) The following directives are to be applied here:
a) Each incident of insurrection against the German Wehrmacht regardless of individual circumstances, must be assumed to be of communist origin.
b) In order to stop these intrigues at their inception, severest measures are to be applied immediately at the first appearance, in order to demonstrate the authority of the occupying power, and in order to prevent further progress.
One must keep in mind that a human life frequently counts for naught, in the affected countries and a deterring effect can only be achieved by unusual severity. In such a case the death penalty for 50 to 100 communists must in general be deemed appropriate as retaliation for the life of a German soldier. The manner of execution must increase the deterrent effect. The reverse procedure--to proceed at first with relatively easy punishment and to be satisfied with the threat of measures of increased severity as a deterrent does not correspond with these principles and is not to be applied.
d) Indigenous forces generally will fail in the execution of such violent measures. Their reinforcement brings with it increased danger for our own units and consequently must be avoided.
However, premiums and rewards for the population may be employed to a large extent, in order to insure their assistance in appropriate form.
The document is signed "Keitel."
The scene now shifts in time to September, October, November, and December, 1941, and to the activities of General Boehme in Serbia in suppressing the insurrection movement. We would like now to introduce a document which I an not sure is yet in Your Honors' document books.
This will be an insertion for your Honors' document Book. There should be an insertion for page 69-A and 69-B and for the German insert it should be page 63-A and 63-B, No. NOXW-1041.
THE PRESIDENT: Just a minute, please. May we wait until they have been distributed to German counsel?
MR FENSTERMACHER: Document Book II, NOKW-1041, which becomes prosecution exhibit No. 54, it is again an affidavit of the deceased General Boehme and it explains the command jurisdiction which existed in Serbia prior and after he arrived there as representative of Field Marshal List. The affidavit is dated Nurnberg, Germany, April 11, 1947.
I, General Franz Boehme, swear and depose:
I came to Serbia in September 1941. My title was: Plenipotentiary Commanding General of the 18th Army Corps. Duties assigned to mo were:
1. securing traffic on the main line and on the Danube, 2. Securing the operation of three mines, 3. Liberating the country from the partisan plague and reconstituting quiet and order with the aid of the forces which were to be brought up.
When I arrived in Serbia, General Rader was there. He commanded 4 Divisions which according to my recollection were numbered as follows: 704, 714, 717, and 718. When I arrived in Serbia General Bader with his four divisions, were subordinated to me though General Bader continued in command of them. Naturally, General Bader knew the situation in Serbia better than I did, so that I did not object to the fact that he remained to a great extent independent in directing the operations.
I received the evening and morning reports from him, daily, so that I was well informed regarding everything he did. General Bader fully appreciated his relationship of subordination to me. Later two more divisions, the 342nd and 113th Divisions came to Serbia which I took over. General Bader never had anything to do with these two divisions. All reports to the 12th Army went via myself.
After my arrival, General Bader no longer sent reports to the 12th Army.
When I arrived in Serbia, General Danckelmann was still there. At that time General Danckelmann bore the title: Military Commander in Serbia. After my arrival he remained in Serbia for about two to three weeks. During that period he had no combat units under him but only some Administrative troops. I cannot recall to whom he turned over these Administrative troops when he left. When I departed, I turned over my functions to General Bader who then carried the title Commanding General and Commander in Serbia.
Following is the jurat of General Boehme. I think if Your Honors will turn to the information folder which the prosecution prepared for you, to Chart B, you will have a graphic description of the command relationship which existed in Serbia for the period September 1941 through December of 1941. You will note that Field Marshal List is in charge of the 12th army as the top command in Southeast, that under him he has Plenipotentiary Commanding General in Serbia Boehme who was simultaneously Commander of the 18th Mountain Corps and who had subordinate to him two divisions, the 113th and the 342nd Division.
We have also tried to indicate the subordination of General Bader as the Troop Commander of the 65th Special Corps Command and as Com manding General in Serbia to General Boehme with the various divisions under General Bader.
The next document is on page 70 of the English, on page 54 of the German. It is Document No. NOKW 456 which becomes prosecution Exhibit No. 55. This is an order of General Bader as Commander of the Higher Headquarters, Special Corps Command 65, to his subordinate unit, the 125th Infantry Regiment, and it is dated September, 1941. Only the third paragraph of the order seems material.
"Severest measures are to be taken. Localities showing resistance are to be blocked off and to be burned down." Signed Bader, General of Infantry.
Our next document is on page 71 of the English, page 55 of the German. Document NOKW-1078, prosecution Exhibit 56. It is a report of the Military Commander in Serbia and it relates from a German viewpoint the various insurgent groups which were operating in Serbia to the prejudice of German oppational sucurity. It is signed "For the Military Commander in Serbia," who at that time was General Danckelmann by Danckelmann's chief of staff Lt. Col. Gravenhorst. It originates in the headquarters of the Commander of Serbia in Belgrade, dated 16 September 1941.
With regard to the insurgent movement which increases daily and whose increase is caused by temporary military victories by the insurgents, a counter-attack can only then be carried out successfully, if one is able to distinguish friend from foe, that is the guilty from the not guilty. The development of the insurgent movement was in short the following:
a) The usual band disturbances known for decades in the Balkans
b) The beginning of reinforced Communist agitation and Communist outrages to destroy the German supplies at the start of the war with Russia.
c) Organization of Communist band (partly under military leadership.)
d) Incited by partly successful fighting by the Communists, the national Serbs are organizing fighting units against the Germans.
e) Union of Communist and National bands.
f) Active fighting of both bands (partly united) against the German Wehrmacht.
In the Southeastern part of Serbia in the area of the Administrative Sub-Area Headquarters Nisch, apart from the bands fighting against the Germans there are also national-Serbian bands of Kosta Pecanac. The latter with his people stands behind the Serbian government and supports the German occupation troops and the Serbian government with the idea of protecting the country from civil war.
The Administrative Sub-Area Headquarters Nisch has permitted the followers of Kosta Pecanac to carry arms. The weapons however are only to be carried openly. The followers of Kosta Pecanac are mostly in uniform and in possession of identification cards which identify them as members of the Kosta Pecanac group. They are the only acknowledge Chetniks. They want to fight the Communists and in several cases are said actually to have fought against them.
South of Nisch we also find the hitherto pro-German Komitacis.
The treatment of these two groups is to be such that they will continue to have confidence in the German leadership and will destroy Communism in their own ranks on their own initiative. Attention is called to the decree of the Administrative Sub-Area Headquarters Nisch No. 353/41 secret, dated 11/9/41: "Relations towards the Chetniks".
In contraction to this, we find bands in the insurgent district between the line Obrenevac-Cacak-Mitrovica and the Drina (the Save-Drina band incl.) some of whom call themselves Chetniks too but who did not subordinate themselves to Kosta Pecanac nor to the Government. The fights near Loznica and Krupanj as well as single enemy operations West of Uzice and near Mitrovica have proved clearly, that these bands are at one with the Communists and face us armed and openly as enemies.
It must be made definitely clear to the unit, that, in this district, every Serb, (the gendarmerie and the finance post excepted) who is apprehended carrying weapons or who supports Communist or other bands is our enemy and is to be destroyed.
The Communist and Serbian bands camouflaged as nationals, who are hostile to us in the insurgent district, have recently organized themselves in such a fashion that one can already speak of enemy organizations. Their military structure is composed of companies and battalions which are frequently under the responsible leadership of former Serbian officers. The armament is distributed in such a manner that each company disposes over an equal amount of weapons. In one company one noticed up to 71 machine guns. The presence of numerous heavy machine guns has been confirmed. There are still numerous unarmed people in the individual companies who as relief take over the weapons from time to time.
In Serbia's other districts the situation at present is so, that up until now only Communist bands face the German Wehrmacht as enemies there.
By reason of the order dated 13 September "Instruction of the Communist party of Serbia for guerrilla warfare" distributed to all offices and troop units within the jurisdiction of the Commander of Serbia as well as its supplement by additional available orders for service within the companies and battalions, one has to reckon with the fact, that in the insurgent district especially we are now facing an enemy who is well organized to the last detail.
For the Commander Serbia (signed) Gravenhorst Lt. Col, General Staff The next document begins on page 75 of the English, page 65 of the German, No. 3150 and becomes Prosecution Exhibit 37.
These are again extracts from the situation report from the Chief of Secret Police and SD. Most of the material contained in the actual document is not of interest to us but there is a section on Serbia which reads as follows:
The Chief of the Einsatzgruppe of the Security Police and the SD in Belgrade reports:
In reprisal for the murder plot on a German soldiers 50 persons convicted and known Communists were shot to death on 16 September.
Additional numerous acts of sabotage against railroad and telephone lines.
The mopping up of the area Belgrade-Valjevo by a re-enforced infantry regiment starts of 16 September. The supply for Valjevo is under way again by use of detours.
The Serbian Prime Minister in a radio speech requests the laying down of arms and cessation of the acts of sabotage.
Situation in Croatia particularly in Bosnia is tense.
In Zagreb bomb attacks on telephone installations.
Southeast of Karlovac destruction of railroad stations.
Bands are massing on the road Deboj-Tusla.
THE PRESIDENT: May I interrupt just a moment, please. I observe that some of the interested parties in the courtroom are feeling the effects of the weather. Inasmuch as it is important for all parties concerned, those who are particularly affected, I would suggest that, including the court, everyone stands up at a recess, what we would call in America, a seventh inning stretch.
You may be seated.
Our German associates here may not have understood the reason for that. I noticed that someone was getting sleepy in here and if we just change our posture a little bit it might be beneficial to all concerned. It may be a little unusual but what we are interested in is that everyone keeps awake and that we proceed in a manner here which will result in benefit to all concerned.
You may proceed.
MR. FENSTERMACHER: Prosecution Extract of page 77 of the English, 51 of the German, NOKW 1222, becomes Prosecution Exhibit This document again reveals how the German Army knew the enemy they faced were expertly organized into regular military units and were not isolated bands. It is an order of General Bader as Commander of the Special Corps 65, dated 18 September 1941. The order itself is for the mopping up of the Save band Vest of Sabac and for the encircling of the Cer mountains.
DR. LATERNSER: Mr. President, I object to the submission of this document. At the bottom of this document there is a place left for the signature. This place is not filled in. The document, therefore, though it had room provided for the signature, was not signed. I say that it has not been signed because it was handled otherwise. It is a draft which has not been signed. For that reason I request that it be rejected, especially as it can be established here that it was prepared for signature but this signature for reasons which are not known to me, was not given. That would have to exclude the possibility of using this piece of paper as a document. I ask the court to take note of this document in order that the Tribunal may see that the signature was not given.
MR. FENSTERMACHER: Your Honors. might be interested in actually seeing this document. It is true that the document is not signed but that its present condition is the way it was found in the captured files of the German Army and we think it should be accepted for whatever probative value the Tribunal wishes to give it.
DR. LATERNSER: Mr. President, may I add that this is an operational order in this case. Operational orders of a military nature, as is well known, are always secret. This order did not receive the degree of secrecy because it was only being prepared. It would have received a secret number because no military order is without number and this confirms me in my view that it is here a case of mere preparations. I request that this document be rejected. This morning I have already said that not everything which has been captured is a document.
MR. FENSTERMACHER: If Your Honor, please, there are many times in which letters--extra copies of letters are made and put in the files and only the signed copy is distributed. I believe that that is perhaps the case here, but even if this document and this order was not distributed to subordinate units, it certainly reveals the state of mind of the Commander of the 65th Corps, who was subordinate to General Boehme, who in turn was subordinate to Field Marshal List. It indicates the state of mind of that Commander in regard to the suppression of the insurgent movement in Serbia.
DR. LATERNSER (counsel for the defendant List): Mr. President, may I again contradict. I say here and I maintain that it does not correspond with the state of mind. If it had corresponded with the state of mind, it would have been signed. It is a mere assumption on the part of the prosecution which he has to prove.
MR. FENSTERMACHER: I think you will see, Your Honors, on the top right-hand of the document, above the date, 18 September 1941, you will see the words "anlazen" which means "enclosures". Now, those words were certainly not put on by Americans, they were put on by someone in the German -- some soldier within the 65th Corps; and it is my belief that this is perhaps the file copy which on many occasions is never signed.
THE PRESIDENT: The Tribunal has taken the attitude heretofore, and it will take the same attitude in connection with this exhibit, that these being purported captured documents, even though it is not signed, it will be admitted for such probative value as the Court would feel should be given to an unsigned document. With that in mind, the objection will be overruled.
MR. FENSTERMACHER: This is an order of the mopping up of the Save bend west of Sabac and for the encircling of the Cer Mountains. It reads as follows: "Enemy bands under the leadership of former Serbian Officers are terrorizing the lowlands north of the Cer Mountains up to the Save and Drina Rivers. The staff of the enemy insurgent move ment is believed to be in the Cer Mountains.
South of the Cer also, several bands of considerable strength have been reported.
"Enemy resistance is to be broken ruthlessly. All settlements from which or from the neighborhood of which German Troops are fired on or near which arms and ammunitions are found, are to burned down. Straw and hay supplies in particular are to be burned down, if it is suspected that arms or ammunition are hidden within them.
"The entire male population above 14 years of age is to be arrested, to be sent to a concentration camp which the division will install, and to be detained there. According to the previous combat methods of the enemy, one must count mainly on attacks on the supply and on smaller detachments. Only by the arrest and the evacuation of the male population can these combat methods of the enemy be effectively obviated." Signed the Commanding General, Lt. General of Artillery.
The next document, on page 79 of the English and page 63 of the German, is NOKW-1057, which becomes prosecution Exhibit No. 59. These are reports of the military commands in Serbia over a period of time 5 July to 18 September 1941. The reports from Serbia to List and Foertsch at 12th Army Headquarters in Athens; and I Think here again that it might be well if the Tribunal would actually examine the photostatic copy of the document so you can see exactly what a report is and the various stamps which the 12th Army placed on it. You will note on page 2 of the photostatic copy in the right-hand comer the scribbled name "Foertsch". Foertsch is chief of Staff to Field Marshal List, 12th Army Headquarters initialed many of these documents. You will be able to see his name if you will just leaf through, usually in the right-hand corner in quite large scrawl. All of these reports from the Military Commander in Serbia have the receipt stamp of the 12th Army on them. The first report is dated 5 July 1941 to the Wehrmacht Commander Southeast, 12th Army, "In connection with the previously reported finding of explosives, 10 Communists and 3 Jews have been shot to death today.
Signed Commander Serbia Command Staff."
The next page is the report of 16 July, "Daily Report: Additional isolated instances of sabotage, in Obrenovac, 10 Communists shot to death."
And the next page, pare 81 of the English and page 65 of the German, the Daily Report of 18 July 1941. This one is on page 64 of the German. "Daily Report: Yesterday 16 Communists were shot to death in Belgrade for attempted sabotage acts. In Palanka (northeast of Topaola) Communists were caught while putting up posters. One was shot to death, two arrested. Because of new cases of sabotage on the lines in Belgrade the population was employed for guard duty."
Turning to the next succeeding page, the report of 26 July 1941: "Near Petrovgrad during last night, 1,000 100-weights of wheat, in lofts and 800 in stacks were burned. A number of Communists were arrested there. They will be shot today."
The following page, the daily report of 27 July, supplement to daily report of 27 July 1941. "On 2 5 July a Jew as yet unknown attempted unsuccessfully in Belgrade to set fire to a German motor vehicle by use of a bottle filled with gasoline. On the same day similar attempts were made. A perpetrator, a 16 year old Serbian woman was arrested. She admitted a Jew to be the instigator. In reprisal, 100 Jews will be shot on 29 July in Belgrade."
This, if I might comment to Your Honors, is on 27 July 1941, and the 100:1 order of Field Marshal Keitl was not received in the Southeast until 16 September 1941.
Turning to the next succeeding page, the report of 27 July 1941, the daily report beginning with the last word of the last line on page 85 of the English and 68 of the German: "Because of the destruction of grain as reported yesterday, 5 Communists were shot to death yesterday."
Turning to the next page, the report of 29 July 1941: "80 were shot to death on 3 8 July, in reprisal for attack on police patrol on road Uzicz-Valjevo.
Paragraph 2. 122 Communists and Jews shot to death in Belgrade on 29 July for previously reported sabotage acts in Belgrade."
The following page, page 88 of the English and page 70 of the German -- I think the interpreter failed to read off in German the previous report which begins on page 87 of the English on page 70 of the German. The Report of 29 July to the Wehrmacht Commander Southeast, 12th Army. Daily Report: "One. 80 were shot to death on 28 July, in reprisal for attack on police patrol on road UziczValjevo. Two. 122 Communists and Jews shot to death in Belgrade on 29 July for previously reported sabotage acts in Belgrade."
The next report is on page 88 of the English and page 71 of the German, the report of 1 August 1941. "Daily Report: A reprisal measure for previously reported unrest near Petrovgrad yesterday, 90 Communists were shot to death there."
On page 89 of the English, the daily report of 6 August 1941 and page 72 of the German. "In Zagreb 4 plotters as ell as 98 Communists and Jewish hostages shot to death."
On page 90 of the English, the report of 7 August -- I think the interpreters have not yet read the German for the report of the 6th of August which appears on page 89 of the English and page 72 of the German. "Item 3. In Zagreb 4 plotters as well as 98 communists and Jewish hostages shot to death."
The next report is of the 7th of August -
THE PRESIDENT: I think we will take the recess at this time. The Tribunal will be in recess for 15 minutes.
(A recess was taken.)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: All right, proceed.
MR. FENSTERMACHER: Your Honors, you will recall that we were reading from NOKW-1057, Exhibit 59, and we were on Page 90 of the English, talking about the report of the 7th of August 1941, which is on Page 73 of the German. It's a general report from the Commander in Serbia to the Military Commander Southeast. Paragraph 4 states, "In Zagreb on 6.8 an additional 87 Communists and Jewish hostages shot to death." Reading from the next report of 15 August 1941 from the Military Commander in Serbia to the Wehrmacht Commander Southeast, Daily Report, Paragraph I, "On 14.8 1650 hours a passenger vehicle of the 3./ Reserve Police Battalion 64 (Passengers: 1st Lt. Ehrmann, 3 Sergeants) was fired on by a machine gun near Skela 915 kilometers West of Obrenovac) on the way to Sabac. A patrol found a burned out car. A company of the police battalion sent from Belgrade found the corpses of first Lt. Ehrmann and of one sergeant in the Sabac, two sergeants arc mission. On 15.8 Skela will be burned down and 50 Communists from Belgrade will be hange there." The following reports of the 17th of August again from the Military Commander in Serbia, to the Wehrmacht Commander Southeast, "An additional Jagdkommando against Pizega (12 kilometers East Uzice) shot 3 Communits and took three prisoners of band. In Banja (3 Kilometers Northwest of Topola) Wehrmacht vehicle fired upon. Thereupon, 11 Communists shot to death and a number of houses burned down by Jaegerkommando. Paragraph 5) In Belgrade 17/8 Sunday morning, five Communists convicted of terror and sabotage; hanged publicly in the main street of the city and left there until 1900 hours tonight....," signed Commander Serbia Command Staff. Next report 4th of September to the Wehrmacht Commander Southeast, Daily Report, "In reprisal for the soldier murdered on the street in Belgrade on 3 September, 50 Communists executed." Signed Commander of Serbia Command Staff. Again 50 Communists arc executed in reprisal for one German soldier murdered twelve days before the order came down to the Wehrmacht Commander Southeast from Berlin.
The next report is of 7 September 1941, to the Wehrmacht Commander Southeast of September Daily report, "In three villages near Petrovgrad and Kik*** 10 Communists each were hanged publicly. Reason: 50 acts of sabotage on telephone lines." Next the report of 16 September to the Wehrmacht Commander Southeast from the Commander in Serbia, Daily Report, *** Guilty Communists executed as a reprisal measure for plot on soldiers on railroad station Belgrade - Torcider." Next report of 17 September 1941. Paragraph ** "Parts of the Belgrade male Jewish population transported to transit **** near Belgrade Action continuing," signed by Commander Serbia. Following is the report of 1* September 1941 the Daily Report of the Commander in Serbia the the Wehrmacht Commander Southeast, "10 Communists will be hanged, attacked on railroad ****** near Kosmitrovica, I gendarme dead, I wounded." The Prosecution's **** document is NOKW-1315, which becomes Prosecution's Exhibit No. ** It's on Page 101 of the English and page 31 of the German. It's report dated 22 September 1941 of the 738th Infantry Regiment to the 718th Infantry Division, and it relates to the forced labor of native railroad workers in Serbia. The subject of the reports is "Reports on the Operation at Stoeremiried," and you will note the receiving stamp of the 713th Infantry Division of the 25th of September 1941. "In compliance with operational order No. 8 I drove from Sarajevo towards **bad on **** 1941 at 0030 hours with the 5th Company of the *nd Battalion of the 738th Regiment."
MR. FENSTERMACHER: The Regiment's material we have eliminated Your Honors; it relates purely to tactical and operational matters; so we have not had it translated.
MR. LATERNSER: Mr. President, this document of the Prosecution's exceeds what can be called fair. If a document has only a length **** I now show to the Tribunal and one only presents the countermeasures, and that only from the first three paragraphs without fact, one can see the reason for the countermeasures which is quite plausible or which might be plausible.
I just looked through it. Then, the Prosecution should not omit that. I cannot regard countermeasures separately, especially from that which causes these countermeasures, and I now request that in this case where it is quite obvious, the Prosecution, if it submits this document, it submits it completely.
MR. FENSTERMACHER: If your Honors please, the purpose for which we intend to use this document can be seen from the last paragraph, and I read it, "Therefore, I forced the workers by threatening to use force of arms to continue to work on the line under the fire of the insurgents and also took over the command of the Croatian soldiers as both the officers would- scarcely leave the armored car." Now, no matter what goes before, and we have taken the paragraph which immediately preceds that one and had it translated. It's the contention of the Prosecution that nothing would justify the taking of innocent civilians and forcing them to work for the Germans under the fire of the civilians' own military forces.
THE PRESIDENT: Dr. Laternser, may I inquire as to your claim for the portions of the documents that are not included in the translation?
DR. LATERNSER: Mr. President, in this case I would like to see the whole document translated. It can not be separate. It has one page and a quarter, and the Prosecution only presents the end of it. An event cannot be judged separately from the preceding peasures. One cannot just judge from the last paragraph.
THE PRESIDENT: The Tribunal appreciates that only a portion of this document was shown in the translation. However, there is no reason by Counsel for the defendants can not introduce in evidence in its case in chief, such portions of this document as he feels is pertinent to a proper defense. That is a matter that can be taken care of by the defendants in the presentation of their evidence. That being true, the objection will be overruled.
MR. FENSTERMACHER: I should like to resume the reading of Exhibit 60, in the middle of Page 101 of the English and Page 81 of the German, the middle paragraph.
"Thereupon I had the positions of the insurgents covered with armor piercing explosive shells. However, this did not have the desired effect because the area of traverse of the tank gun is too small for it to be aimed at a side target on the heights. As, in my opinion, the insurgents wanted above all to have our work continued into the night if not to immediately prevent it, I decided to repair the line with all means at disposal before nightfall."
On the succeeding page, page 102 of the English and page 82 of the German, appears the receipt stamp of the 738 Infantry Regiment.
The prosecution's next exhibit in NOKW 194 which becomes prosecution Exhibit No. 61. It appears on page 103 of the English and page 82 of the German. It is an order dated 23 September 1941 of General Boehme as Plenipotentiary Commanding General in Serbia. and it is to tho 342nd Division which was subordinate to General Boehme and you will note on the distribution list at the end of the document, page 104 of tho English and page 83 of the German, that informational copies of this order wore sent to the Wehrmacht Commander Southeast and to the Commander of Serbia, the SXV Corps Command, and the German General in Zagreb. The subject of the order is the evacuation of Sabac and it reads as follows:
1) On 23 Sept., German patrols were shot at from houses with machine guns and rifles. Losses were sustained.
2) 342nd Div. is to evacuate Sabac by surprise attack of the entire male population between the ages of 14 and 70 and take it to a concentration camp set up by the Div. North of the Save, For this purpose, the German troops and offices in Sabac are subordinated to the 342nd Div.
3) Execution:
a) The following are to be shot at once?
All residents who take part in the battle or offer resistance, The male residents in whose houses weapons or munitions are found, from whose houses shooting takes place, or who wish to escape arrest by fleeing.
b) Care is to be taken, in liaison with the District Commander of Savac that Volkdeutsche as well as members of Allied or Neutral Nations are not hurt in tho action. The District Command is to be charged with the responsibility for their special protection.
c) Serbian officials (including police and gendarmes) are to be disarmed, but in special custody and guarded closely. So far as they take part in battle actions against the German Wehrmacht, they are to be shot at once.
d) In addition to normal clothing, the male residents to be taken to the concentration camp are to be given?
1 coat 1 blanket 1 mess kit with spoon and rations from their effects.
Ail other effects, as well as currency, are to be taken from them.
e) Right after the commencement of the operation, Sabac is to be closed for all civilian traffic to the outside. Trespassing of the locality is to be prevented by force of arms.
4) 342nd Division is to report by 1900 hours 24 September, the status of the action and the situation of the concentration camp, after completion of the action, execution by presentation of a report in three copies.
(Signed) The Plenipotentiary Commanding General in Serbia:
Boehme On the succeeding page, page 105 of the English and page 84 of the German, is an advance order which relates to the previous order which I have just finished reading.
The advance order rads as follows:
"342nd Inf, Div. is to remove the entire male civilian population over 14 years of age out of Sabac on 24 September and conduct it into a concentration camp North of the Sava. More exact orders follow. (Signed) The Plenipotentiary Commanding General in Serbia."
The prosecution's next document is NOKW 183 which becomes prosecution Exhibit No. 62. It begins on page 107 of the English and page 85 of the German. It is an order of the Plenipotentiary Commanding General, General Hoehme, dated 32 September 1941 and it relates to the mopping up of the Sava-Bend.