"The Commander-in-Chief Southeast Headquarters, 10 Aug. 1943 simultaneously Acting Commanding General, Army Group E O r d e r for Treatment of Prisoners and Deserters in Bandit Fighting.
Reprisal and Evacuation Measures.
Treatment of Prisoners and Deserters, execution of revenge measures and evacuations are not matters of administration but rather measures of combat and/ or of combat preparation and of security.
II. The Fuehrer order concerning the importation of human material into the Reich to ensure the necessary supply of coal is authoritative for the treatment of prisoners; accordingly all captured bandits are to be deported to the Reich by way of the prisoner of war collecting points.
III. Orders respecting this matter are in detail as follows:
1.) Captured bandit members are to be deported to the prisoner collecting points; the commanders are to examine whether the previously erected prisoner collecting points are sufficient. Further transport from the collecting points into the Reich is to take place according to separate order of the Oberquartiermeister.
An exception to this regulation is possible only if the combat situation does not permit a deportation.
The seizure of individual bandits for intelligence missions (intelligence units, intelligence branches, SD, Secret Military Police) is still necessary.
2.) Deserters are also regarded as "prisoners". Considering the good experiences encountered in Russia, which resulted from a better treatment of the deserters, from propaganda, etc. shooting of deserters must be discontinued.
Orders concerning deserter propaganda proceed through the Commanderin-Chief, Southeast, Branch Ic/Intelligence Officer.
3.) As already ordered in the directive of the Commander-in-Chief.
Southeast Ia/Id No. 566/43 Secret of 14 July 43, reprisal measures are to be executed as heretofore with most severe means, if an chemical attitude is discernible in the population.
In territories occupied by the bandits, in which surprise attacks have been carried out, the arrest of hostages from all strata of the population remains a successful means of intimidation.
Furthermore, it may also be necessary, to seize the entire male population, insofar as it does not have to be shot or hung on account of participation in or support of the bandits, and insofar as it is incapable of work, and bring it to the prisoner collecting points for further transport into the Reich.
Surprise attacks on German soldiers, damage to German property must be retaliated in every case with shooting or handing of hostages, destruction of the surrounding localities, etc. Only then will the population announce to the German offices the col collections of the bandits, in order to remain protected from reprisal measures.
Reprisal measures are to be ordered by the divisional commanders and/or independent regimental commanders, in order to avoid encroachments on subordinate offices and individual soldiers, and to prevent a false, unjust treatment of the population.
4.) In the territories especially valuable for the conduct of battle, the male inhabitants between 15-60 years are to be evaluated. They are to be collected together in guarded labor camps and /or insofar as they are capable of working, be transported into the Reich.
Evacuations must be carried out decisively, in order to prevent a premature escapt of the population.
The territories to be evacuated are the strips of coast especially suitable for landings, area of important pass heights and pass lanes, strips of terrain along especially dangerous railway line stretches, etc. The evacuations completed are to be reported through the commanders to the Commander-in-Chief Southeast.
The order for the treatment of bandits hitherto authoritative; Addition to Wehrmacht Commander, Southeast, Ia, No. 2868/42 Top Secret of 28 Oct 42 for the Fuehrer order re combatting of so-called commando operations - is herewith rescinded.
Sgd. Loehr"
DR. LATERNSER: Your Honors, I ask that the following be corrected. There have been two mistakes in translation. Under Roman I of this order the words "revenge measures" -- this has been translated as "revenge measures." I believe that it would be better, or rather correctly translated as "retaliation measures, " for the word "revenge" has its root, I assume, in the French word "revanche." That means "revenge" in English. The second translation mistake appears under Roman III, No. 3. That's on the English Page 113, at the top. The words "in territories occupied by the bandits" -- they are translated "as occupied by partisans," but the German should be translated by another word. To put it like this, that is to say "occupied by bandits" would be putting it too strongly.
JUDGE CARTER (Presiding): Is there any objection to changing the first translation?
MR. RAPP: We will change, Your Honor; it's agreeable to us, Your Honor.
JUDGE CARTER (Presiding): All right; it will be so changed.
What do you say as to the second?
MR. RAPP: We suggest, Your Honor, that this be put up to the Interpreter, in the second case, and accept his interpretation.
JUDGE CARTER (Presiding): That's our practice. Hand it up to the Translater.
MR. JACOBSOHN (Court German-English Interpreter): The passage in question occurs in the English Document Book on Page 113, under 3. And you might translate it, and it probably would be the right translation to say that "territories penetrated by the bandits," rather than say "occupied by the bandits." (Dr. Laternser speaking) Dr. Laternser suggests "infested by bandits, "infested by bandits," which I think is just as good.
MR. RAPP: It's quite agreeable to us, Your Honor.
JUDGE CARTER (Presiding): All right, you may proceed.
DR. HINDEMITH: Hindemith, as representative for Dr. Rauschenback, for the Defendant General Foertsch. In my view, as a further mistaken translation in the same document, under Roman III, No. 2. (Giving the German version)
MR. JACOBSOHN (Court German-English Interpreter): He's now giving the German version.
DR. HINDEMITH: The word "unterbleiben" istranslated, "must be discontinued." Discontinue in my view means to cease; to cease in German means that something had taken place before, which is now ceasing. Unterbleiben in the German does not comprise this meaning. For that reason, I think the English word "discontinue" does not mean "unterbleiben." For this reason I ask that the document be submitted to the Interpreter in order that he may translate it.
MR. RAPP: Your Honor, we agree to the suggestion made by Defense Counsel, and it won't be necessary to submit this document to the Interpreter.
JUDGE CARTER (Presiding): Being agreed to, it will stand as suggested.
DR. HINDEMITH: Thank you.
MR. RAPP: Your Honors, we are turning now to Page 115 of your Document Book, and we have Document No. NOKW-735, which will be Prosecution's Exhibit No. 307. This is a document from the 369th Croatian Infantry Division, dated the 29th of July 1943, and it is secret. And the reference is "Commander of the German Troops in Croatia, Ia/Ic No. 3556/43 secret of 28.7.43, Subject: Treatment of Bandits."
"By virtue of basic orders for mopping-up operations in the operational area, Croatia - finally dated 10.7.43 - all Cummunists (bandits) were to be shot to death and all suspected persons to be arrested.
As bandits were considered:
a) Whoever participated in combat and was found with arms.
b) Whoever is convicted of communist activities.
c) Who obviously, without compelling reason, wanders about outside of settlements.
Women and youths also are to be apprehended. By virtue of the decision of the Fuehrer, these bandits are no longer to be shot to death but to be treated as prisoners of war. The reason for that is:
1. To acquire people capable of work.
2. To stimulate the bandits to desert.
3. To counteract enemy propaganda that the Germans shoot everybody.
Members of bands from 16 to 55 are to be sent to prisoner collecting points.
The old directives are applicable for reprisal measures. Captures persons, who are suspected of having aided actively or passively in acts of sabotage, are to be used as hostages for the carrying out of measures.
They are to be reported to the commander of German troops in Croatia, Section Ic. This report is to contain cause and place of arrests as well as the personal history and the same report is to be sent to the prison camp Zenica.
Safety measures are to be taken for billets and railroad transports as before.
It is a matter of course that now, as before, strict procedure against Communist bands will be applied in combat.
For the Divisional Command 1st General Staff Officer (Signed) Bussman Lieutenant Colonel G.S.C."
MR. RAPP: And on Page 97 of the German Document Book, still Page 116 of the English Document Book, the 369th Croatian Infantry Division publishes a letter. Subject: Ic-Duties. (MR. RAPP: Duties of the Intelligence Officer)
A. Prisoners, deserters, captured documents.
I. Leaders of all ranks, as well as those prisoners or deserters who may be regarded as intellectuals because of their origin, their position with the Communists and because of the impressions they make, are to be transferred to the Division, Section Ic. The escort detachment is to be given at least a slip of paper showing place and time of capture, or desertion respectively and the transferring authorities. The same thing applies accordingly to captured records. Furthermore, it must be guaranteed that this accompanying slip also reaches the Division.
II. There is reason to point out that the designation "partisans" is prohibited. All verbal and written communications are to use the designation "Communists" or "Bandits."
III. Cap and rank insignia (Officers and men) of killed or captured members of bands are to be collected and to be sent to the Division Section Ic.
IV. In case of combat actions with invasion troops, the number of prisoners made is to be reported immediately to the Section Ic. Speedy transfers of utmost importance.
In case of delay, the division will have the prisoners collected or carry out an interrogation on the spot.
Except Military passes and pay books - which will be taken from these prisoners after they reach the prisoner collecting camp - all civilian and military identification papers, such as:
Military driver's license, enlistment papers for the unit, militany identification papers, seamen's papers, leave passes, railroad passes, ration cards, identification cards (unless they are replacing the Wehrpass) foreigner identification cards, passes through the lines, professional papers, etc. are to be sent to the Division, Section Ic.
If at all possible, men killed in action are to be searched. Anything found is also to be sent to the Division.
............
(signed) Neidholdt" The next document to be offered, your Honors, will be NOKW-216, prosecution Exhibit 306.
This document is dated the 21st of August, 1943, and it is from the Commander of Fortress Crete, the Isle of Crete. Reference: Commander-in-Chief Southeast. Subject: Order pertaining to the treatment of prisoners and deserters in band combat reprisals, evacuation measures, and there is a stamp on this document which says: "Summary Court of the Commander of Luftgau Staff Crete, 24 Aug. 1943, Enclosure 1, Files, (illeg.)."
"1) The order of the Commandant of the Fortress Crete Ia No. 7309/43 secret dated 26.7.43 (individual order for the defense No.17) remains in force to the full extent. It is especially pointed out that until further notice the commander of Fortress Crete reserves to himself the right of reprisal measures.
2) Captured members of the band are, after interrogation by Secret Field Police, etc., to be sent to compulsory labor camps with the special notation that they are dangerous band members. Further transport will be effected by the commander of the Fortress.
The order that persons attempting to escape, resist or are found in the possession of arms, are to be shot to death immediately, remains unchanged.
3) For Crete only shooting to death is to be considered. Hanging falls under the concept of reprisal measures. Orders for these measures will be issued in due course by commander of Fortress Crete.
4)(The following paragraph is crossed out in its entirety with the handwritten notation: "substituted by Commandant Fortress Crete, dated 26.8.43, see page 1122") For the evacuations ordered by the Commandant Fortress Crete Ia 7283/43 secret dated 24.
7.43 paragraph (4?) of the order referred to above is valid. The evacuated male inhabitants are also to be sent to compulsory labor camps. Evacuations which have taken place are to be reported from case to case by the Oberabschnitte which is the (SS Administrative Districts), stating the number of male persons sent to labor camps.
5) Directive Commander in Chief Southeast Ia/F No. 120/43 secret dated 27.7.43 distribution stopped; directive Commander in Chief Southeast Ia/Id No. 1566/43 secret, dated 7.43 contained in individual order for the defense No. 17 (signed) illigible" The next document will be NOKW-1488, your Honors.
You will find this on page 121 of you document book. Defense counsel will find it on page 101 of their document book and it will be prosecution Exhibit 309. This is a rather voluminous document consisting of a number of telegrams and TWX sent again to the OKH, Army General Staff Operations Section. That is the Oberkommando des Heeres, High Commander of the German Army; and we start on page 121 at the bottom, Daily Report from Commander-in-Chief; Southeast, from 1 August 1943. "Greece: 1st Mountain Division: During reconnaissance East of Parga contact and engagement with small band; 11 enemy dead, 2 machine guns and other weapons captured, 1 band village destroyed." And at the bottom of this page 122, or rather page 4 of the original, it is signed by the Commanderin-Chief Southeast, High Command Army Group E.
We then turn to page 123 and we will find at the bottom again a priority cable to OKH Army General Staff Operations Section, "Daily report from the Commander-in-Chief. Greece: On Rhodes lately repeated cable sabotage. Italian mopping up operations proceeding in the Northern sector of Euboea. And then it continues on the next page saying: "Band group near Volos repelled by Italian pursuit detachments." And then it says "10 bandits shot. In the evening of 1 August 4 enemy planes over the sea." Again signed "Commander-in-Chief Southeast High Command Army Group E."
The next one, your Honor, page 125, at the bottom, Greece again: "On Crete movements to mix formations have commenced. Local band activity.
Southwest of Naepolis contact and engagement between 2nd Company Brandenburg Regiment and medium-size band. 15 enemy dead. Numerous wounded, 1 village destroyed, several inhabitants were shot for favoring bands." And that again is on page 126 authenticated by being signed "Commander-in-Chief Southeast (High Command Army Group E).
We then turn to page 127; it is 105 in the defense counsel's books, and in the middle of the page we have a stamp again "Army General Staff Operations Section, received on the 6th of August 1943," and a report from the Commander-in-Chief Southeast for 5 August, 1943. Greece-and that concerns itself with purely tactical matters but if your Honors turn over to page 128 of the same telegram, the reference pertaining to Serbia, it states: "Continuing local attacks and clashes between insurgents and Serbian Police, 10 Communist reprisel prisoners were shot."
And then at the end it is signed again by C-in-C Southeast, Amy Group E.
If Your Honors turn to page 129, will you see again to whom this report is being sent and on page 130 you will find on top "1st Mountain Division: Engagement during reconnaisance Northwest of Paramyhia, one village of the bands was burned down."
And the second paragraph, the second last line: "3 band villages destroyed, 3 depots with arms, ammunition, clothing, and rations taken. Hopping up operations continue.
"Area 373rd Division --" and there it says: "Total of 6 dead, 6 missing, Reprisal measures initiated." Signed "Commander-in-Chief."
Page 131, "Local band activity," Greece: "At Orestikon another band village and one enemy ammunition depot destroyed by 2nd Company Brandenburg Regiment."
It continues on page 132: "During mopping up operations along the costal road Northwest of Himare 1 band village was destroyed, Attack on Italian motorized column was repelled." Signed "Commander in-Chief Southeast."
Page 133, received by the Army General Staff on the 12th of August sent out by the Commader-in-Chief on the 11th August. In the middle of the bottom of the page, "Strong band forces reported in the area 15 km. North Northwest of Parga. Combing out of the area South of the river Asoos without contacting enemy. 3 villages of the bands were destroyed." And it is signed on page 134 of the document book again by the Commander-in-Chief Southeast.
135, 14th of August, Greece, bottom of the page. "Retaliation measures for attack on German column on the road Athens." And the next page continues: "These .." that is (yesterday's Daily Report) are proceeding. Vyllia (15 km. South of Thebes) has been evacuated." Then it says: "80 band suspects arrested.
"Area of the SS Division: IInd Battalion of the 1st Regiment encountered enemy superior in numbers in the area 40 km. West of Tara who had heavy weapons.
"Operation against band villages East of Stolac concluded, 2 villages destroyed."
Signed by the Commander-in-Chief Southeast.
Page 137, this is a report dated the 15th of August. 1st Mountain Division in the coastal area of Amuzia "arrested 1 British agent and 70 band suspects, and destroyed two villages. In reprisal for the attack on a German gun near Leskovic, reported yesterday, 3 villages were burned down.
........
Serbia: Weather clear. Local band activity. Northeast of Sjenica German Frontier Guard shot by Cetniks. During operation at Arilie 19 additional enemy dead. 84 supporters of band arrested, one village of the bands destroyed. During reconnaissance in the mine area of Ivanjica 6 Communists taken. Near Boljevac and Usica harvest and sabotage and attacks on communities; 20 members of the Serbian State Guard kidnapped or deserted.
"As reprisal 15 Communist prisoners shot."
"Commander-in-Chief Southeast."
That, by the way, is crossed out.
Then page 139, Daily Report, Commander-in-Chief, dated 18 August 1943, Serbia, "Weather: clear. Slight local band activity. As reprisal for the murder of two mayors, 30 Communists and 20 Cetniks were shot." Commander-in-Chief Southeast.
Page 131 at the bottom of the page, Daily Report from the Commanderin-Chief, dated 19 August 1943, and page 142, it says: "Greece: Local band activity. In Crete, in a village Southwest Rethymnon, 1 German Sergeant who was shot by unknown perpetrators. As reprisal 10 Greeks were shot, male population of the village transferred to Forced Labor Camp." This is a ten-to-one ratio in this case.
Then "Serbia, paragraph 4." At the end of this paragraph, "German Customs Officials and 18 Bulgars who had become prisoners during the fighting at Arilje were released by the Cetniks upon threat of severe reprisals."
Page 143 or 119 of the German Document Book, dated 20th of August 1943, at the bottom: "Greece: Mopping up operation started in the Peloponnes against renewed band activity in the area Southwest of Xylokastron. During search in the area of Almires 2 British parachutists and arms secured, 26 suspects arrested, 3 villages burned down. And again signed "Commander-in-Chief."
Finally on page 145, which is dated 21 August 1943, and we turn to page 146 on top where it says:
"Greece:
Weather: Sunny, stormy. In the Pelopennes mopping up operations in the area 30 km Southwest of Xylokastron concluded without any enemy contact of consequence. 2 villages destroyed, ammunition captured. Mopping up operation by the 1st Company Brandenbrug Regiment in the Kidairon Mountains so far without contact with the enemy.
"Serbia" it states at the bottom:
"Through sabotage numerous machines were severely damaged and 33 Communists were shot in reprisal."
Page 147 at the bottom of the page, dated the 22 August, the very last sentence says: "The enemy suffered 14 dead:" and the next page states: "large quantities of cattle and ammunition was seized, 4 band villages destroyed."
Signed Commander in Chief Southeast.
Page 149, Your Honors, a telegram dated 23 August addressed to OKH, and on page 150 we find on top.
"During mopping up operations our combat group destroyed several villages."...."Two suspected villages burned down."
And then the last paragraph says, "In the area South and Southwest of Mount Parnessees two bands of medium strength reported."
.....
"In villages explosives and ammunition secured, villages destroyed. A monastry near Amphilekia suspected of harboring bands set on fire from the air. Reconnaissance activity by the 1st Mountain Division in the coastal area and in the area of Joannina continued. 2nd Company Brandenbrug Regiment clashed with small band Southwest of Nepolis, 1 bank village burned down."
Finally on page 151, fourth paragraph:
"Serbia" it say in the bottom line of first paragraph: "North of Kragujevac 18 Serbian Auxiliary Policemen supposedly shot by Communists."
"Reprisal measures initiated."
"Commander in Chief Southeast."
And page 152 another telegram to the OKH, this time dated 25 August. The last line says:
"Several enemy deat 1 band village and 1 ammunition depot destroyed."
Page 153, we will identify this document as being sent on the 26 August 1943, and on page 154 we find its contents. It says: under "Greece." "23 hostages arrested and transferred to Forced Labor Camp.?"
Page 155, dated the 27 August 1943, we find the contents on page 156. It says:
Commander Saloniki Aegina: 2nd Company Brandenburg Regiment had local contact with bands in the area South Southeast and Southwest of Arges Orestiken, 2 villages of the bands were burned.
6. Employment of the Luftwaffe:
25 August Croatia. 9 "Ju 52" transport planes in Albanian and Serbian territory.
26 August Crete: Reprisal attack on the village of Wiorissa (100 km Northwest of Tympakion) with 5.25 tons of demolition boms.
Croatia: Report has not been received yet.
Signed Commander-in-Chief Southeast.
Your Honor, we turn to page 157, which is page 130 of the German Document Book, and this is a report which wan sent on the 28 August 1943. We find the contents on page 158 at the top. It says:
"Greece.
"Weather: Sunny, hot Slight local band activity (crossed out) In Crete the band village of Worica was destroyed by bombing after evacuation of the population and removal of men to Forced Labor Camp."
And that again is signed by Commander in Chief Southeast.
This, Your Honor, finishes Document 309, which was NOKW 1488.
As the last Document of Document Book 12 we are offering Document NOKW 1437, which will be known as Prosecution Exhibit 310.
This, Your Honor, is a document which comes from the Commander in Chief Southeast, simultaneously charged with Commander of Army Group E, and it pertains to the new regulation of command authority in the Southeast.
1.) Commander-in-Chief of Army Group F (Belgrade), Field Marshal Freiherr Naiwatian von Weichs will be charged with the Command of the entire German area of operation of the Southeast area.
Chief of General Staff of Army Group E.
Major General Foertsch.
2.) To the High Command Army Group F will be subordinated Army Group E (Commander-in-Chief: General Loehr, Chief of General Staff:
Brigadier General Winter).
2nd Panzer Army (Commander-in-Chief, Lt. General of Infantry Rendulic, Chief of General Staff:
Colonel G.S.C. v. Grolmann).
German General-Plenipotentiary in Croatia (Major General von Gleise-Horstenau) within the limits of his duties beyond his authority and as an attache and territorial Commander.
The military attache in Sofia (Colonel G.S.C.
Grade within the limits of his duty beyond his authority as an attache.
3.) The High Command of Army Group E retains command over Greece including the Island eliminating the previous Designation, "Commander-in Chief Southeast" Channels of Command - Enclosure 1.
4.) The 2nd Panzer Army receives Command of Croatia and Serbia as well as of territories which may be subsequently occupied in the Southeast area outside of Greece. Channels of Command - Enclosure 2.
5. OKH/Army General Staff will issue orders concerning the reorganization of the existing offices within the area of the Commanderin-Chief Southeast.
6.) Special orders will be issued concerning the reorganization of counter Intelligence and transportation.
7. Command authority of supply and of administration is established pursuant to OKW/WFST/Qu (Administration./V) No. 004124/43 top secret of 7 August 1943 on the basis of the new regulation of command authority.
Special orders concerning this will be issued.
Channels of Command - Enclosure 3 Army Group F and within Greece, High Command Army Group E will order the time of transfer of command.
The Commanding General and Commander in Serbia will transfer to Mitrovica by 22 August at least the command echelon of the New Mountain Corps Headquarters XXI.
(signed) Loehr General And then it goes on giving the distribution of all the units that have previously been mentioned.
Then your Honor, on page 163, and 164, which is page 138 and page 139, German Document Book, you will find same schematic presentation on the Document of the command generals, that were set up under this new directive, including designation of various headquarters. If your Honors permit I would like to pass this document up to you so that you yourself could have a look at this original document.
This, Your Honor, will complete Document Book 12, and if the Tribunal pleases, Mr. Fenstermacher will at this time start with the presentation of Document Book 13.
DR. JON JAGDWIRZ, for the defendant Rendulic, Your Honors, unfortunately I have to object to the presentation of Document Book 13, which I received only this morning. As far as my defendant Rendulic is concerned I could not talk over these documents with him previous to this session. For this reason I will object to the submission of this document book before 24 hours have elapsed, and I believe this is a usually acknowledged regulation.
MR. FENSTERMACHER: If Your Honors, please, the only documents in document book 13 which I believe we will have time to introduce today will only concern biolgraphical affidavits of the defendants von Weichs, and General Rendulic, and perhaps we may reach the biolgraphical affidavit of General Dehner.
Should Your Honors wish us to omit the presentation of the biographical affidavit of Dr. Tagdwik's defendant General Rendulic at this time, we can do that, and simply between now and 4:30 simply read the biographical affidavits of the defendants von Weichs and Dehner.
DR. FROESE (For the Defendant Dehner): I raise the same objection which Dr. Jagdwitz has just made, applying to the defendant Dehner; only during the course of this morning we had opportunity to look at Document Book XIII.
MR. FENSTERMACHER: The original copies of all the documents which will be introduced in connection with Document Book XIII have for several weeks been in the defense information center.
PRESIDING JUDGE CARTER: Defense counsel has been objecting to hearing this before a twenty-four hour period; I think it will have to be sustained. We wish, however, that Prosecution make every effort to serve these document books in time so we can keep the processes of the court operating. We realize you run into difficulties but we urge you to keep these matters in shape so the court will not have to adjourn. I take it since this objection is sustained that there is nothing the court can take up at this time.
MR. FENSTERMACHER: I would like to make one statement for the record if I may before we adjourn today. Your Honors will recall that last week, representatives of the defense counsel and two members of the Prosecution staff met with your Honors in chambers with respect to turning over to the defense various documentary evidence which is here in Nurnberg in the possession of the Prosecution. The Prosecution at that time offered to turn over to the defense, and Dr. Laternser on behalf of the defense representatives, accepted the Prosecution's offer to turn over all the documentary material in the possession of the Prosecution here in Nurnberg which we do not intend to use in our direct case, that is, with the exception of material which we are holding back for cross-examination purposes. I should like, therefore, at this time to hand to Dr. Laternser a copy of a memoranda which I have today written to our document room asking them to turn over one photostatic copy of each of the below listed documents which number thirty-nine to the Defense Information Center for the use of the defense counsel in this case, Case No. VII. There will be other lists which I shall prepare within the next few days and I believe that within the next week we will be able to turn over to the defense all the material which we are not intending to use in our direct case or withholding for cross-examination purposes.
Should Dr. Laternser not find these documents in the Defense Information Center within the next two or three days, if he will call it to our attention, we ill see that it is expedited. I think, your Honors, that is all we have for today.
PRESIDING JUDGE CARTER: To the extent that you have served them I assume that it is acceptable to Dr. Laternser. There is nothing more we can do about it now?
MR. FENSTERMACHER: No, I think not.
MR. DENNEY: Excuse me, I have been advised by Dr. Laternser that the question of the removal of the uniforms has been raised and I wonder if we might have just a statement from the court on the record about it so we can transmit it to the prison authorities so there will be no--
PRESIDING JUDGE CARTER: I might say it is agreeable to the Tribunal that they may remove their coats and wear suitable shirts in the presence of weather conditions like this; that the Tribunal will haw no objection to that whatsoever.
MR. DENNEY: And certainly as has been expressed to the Tribunal the Prosecution has no objection to this at all. Prosecution has nothing further at this time if your Honor please.
PRESIDING JUDGE CARTER: Due to the fact that we are unable to proceed further, the Tribunal will adjourn until 0930 hours in the morning.
The Tribunal will recess until 0930 o'clock tomorrow morning.
Official Transcript of the American Military Tribunal in the matter of the United States of America, against Wilhelm List, et al, defendants, sitting at Nurnberg, Germany, 30 July 1947 0930, Justice Wennerstrum, presiding.
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal 5, Military Tribunal 5 is now in session. God save the United States of America and this Honorable Tribunal. There will be order in the Court.
THE PRESIDENT: Mr. Marshal, you will ascertain if all the defendants are present in the Courtroom.
THE MARSHAL: May it please Your Honor, all the defendants are present in the Courtroom.
THE PRESIDENT: Prosecution may proceed.
MR. WENSTERMACHER: May it please the Tribunal, before passing on to the introduction of documents in Document Book XIII, the Prosecution has made up the list of counts and the defendants against whom the documents in Document Book X are offered. I hand three copies to the Tribunal. I hand 22 copies to the defense counsel, two copies to the Secretary General, and two each to the Court Reporters and Interpreters.
These should be marked Exhibit 263-A for identification, and should be given the pages 81 A and B in the German, and 110 A and B in the English Document Book. With the introduction of the Documents in Document Book XIII, we pass to the fourth and final period in this case, the period which, from the standpoint of numbers of defendants involved, is the most important period. We will be concerned from now on with the period of time dating from the end of August 1943 until October 1944, when German troops were withdrawn from Greece, Albania and Yugoslavia. We shall be concerned largely with the "Order of Battle Chart" which appears on the wall of the Courtroom.
Your Honors will recall that in the end of August 1943 a reorganization in the Southeast Command took place. Field Marshal Weichs was made Supreme Commander Southeast, and simultaneously Commander in Chief of Army Group F. His Chief of Staff was General Foertsch, who carried over from General Lohr, as he had previously carried over from General List to General Kuntze, to General Lohv.