..... 1500 hours, North of road Topolje (18 East Northeast Brod) 7 bandits in German uniform engaged in combat by patrol (Kuban-Cossack Mounted Regiment 3). No losses of our own, enemy losses 3 dead, 9 suspected of belonging to band shot to death.
b) Mopping up operations against Petrovic. Cossack signal battalion had contact with the enemy. Enemy losses; 2 dead, 5 prisoners, 10 hostages eized.
Then we have a report from the SS Division, Prinz Eugen, that is, the 7th SS Mountain Division, which fought as a part of the Vth SS Mountain Corps which was a part of the defendant Rendulic 2nd Panzer Army. It is dated November 3, 1943:
"Band activity in area northwest Regatin-Ploca. Our own patrols destroyed enemy occupied villages of Sipak, Perasko, Slato and shot to death 12 bandits and all inhabitants of the village. Ammunition exploded while houses were burned down."
On the next page, your Honor, page 88 of the German Document Book, it says, under "Intention":
"Mopping up of Kresove. Fighter detachments in area 10 South southeast Visoko and west and southwest Zenica. Losses: 4 wounded, 1 missing. Enemy losses: 11 dead, 3 counted wounded, 10 hostages."
Then we have a copy of a teletype messaged dated the 5 of November 1943, still submitted by the Vth SS Mountain Area Corps saying:
"In Sinj SS man shot to death secretly. In reprisal 24 hostages shot to death, 1 hanged."
Then at the bottom of page 114, top of German Defense Document Book 89, you find daily report LXIX Reserve Corps 6.11.43:
"Report of confidential agent: 500 to 800 bandits in area of Jamena.
"After railroad sabotage 3 East Nova Gradiska (see Daily report 5.11. paragraph 11d) the area north of the place of explosion was combed through. Bandits and people suspected of being bandits were hanged at the place of explosion."
Then another report from the XV Mountain Corps dated November 6, 1943, pertaining to the defendant Leyser:
"373rd Division: In reprisal for railroad explosion near Blatna 5 civilians arrested, 12 houses burned down."
Then "by order of the Mountain Jaeger Brigade of the Vth Mountain Jaeger Regiment 18 hostages arrested."
Then on the next page, page 116, still page 89 of the German Document Book, it says:
Details to Daily report.
Daily Report of 3.11.
Paragraph 2a) . . . . . . . . . . .
c) Family of signal man Petric who left his post at 1800 hours will be seized as hostages if Petric does not return.
c) There is nothing incriminating here. Obviously common cause between signal man and plotters.
Paragraph 2 d). . . . . . . . . .
c) 9th Company. . . . . R 12 Units of occupation Bos. Novi dispersed enemy. Mopping up around Ravnice and Bos. Novi necessary, North of Blatna 12 houses burned down by 373 rd Infantry Division.
The next page, your Honor, page 90 of the German Document Book, a copy of teletype LXIX Reserve Corps of November 6, 1943, sent at 2400, arrived at 0255:
"Daily report of 7.11.43: 173rd Reserve Division: In reprisal for blasting of railroad Mitrovica-Lacarak on 1.11, 19 Communists hanged on place of blasting.
"187th Reserve Division: Area Brcko: Jamena after evacuation partly burned down because it was a pronounced nest of bandits."
If Your Honors turn now please to page 118 we have another teletype message which states:
Same text: Admiral Adriatic For information:
German General - Plenipotentiary in Croatia.
Same text: Fliegerfuehrer Croatia.
For information: Military Commander Southeast Luftgau Headquarters XXX.
XXI Mountain Corps . . . . . . . . .297th Infantry Division:
1/524 near Isvor (12 west Kizevo) repelled several heavy attacks by Italian Communist bandits partly in English and partly in German uniforms. Subsequently they were taken back to Kizevo.
Then we have a report again from the XV Mountain Corps dated 18 of November 1943. And, at that time the 114 Jaeger Division was fighting as a part of the XV Mountain Corps. It states:
"Enemy concentrations in area 30 East Gracac, 4 Southeast Medak and 10 Northeast Gracac are threatening main supply roads. Railroad installations Southeast Sibenik repaired by employment of civilians by the First Railroad Engineer Training Battalion."
Your Honors our next page, that is 119 of your document book, page 91 of the German Document Book, is a report of the 187th Reserve Division stating:
"16.11. Patrol of Reserve Grenadier Regiment 130 attacked by about 300 to 400 bandits near railroad station of Velika (14 North Pozega).
"Enemy losses: Besides one prisoner not confirmed. 40 hostages seized in Velika."
Below that, your Honors, you find a daily report from the LXIX Reserve Corps dated the 15 of November 1943:
"187th Reserve Division reports: As reprisal measure for attack on passenger train 2 West Okucani, 187th Reserve Division.
"13 hostages hanged.
"Corps Headquarters LXIX Reserve Corps, Ia, No. 2205/3687/43 Secret, (Page 19 of original).
The secret number of this communication I am referring to right now I believe has been ommitted in the German text. The number is, if it is of any relevancy would be 22053687/43. I could also give this document to the interpreter and have him read it in the record.
PRESIDING JUDGE WENNERSTRUM: Dr. Laternser, do you wish the interpretor to read it in the record for the benefit of your associates? It is in the document book. You may proceed.
MR. RAPP: On page 120 of your document book, your Honor, and on page 92 of the German Document Book we find details to Daily Reports, Inspectorate, Railroad Security: Croatia:
"Combing in villages of Kotorsko and Komarica. 4 Communists shot in combat. 10 men of the Kotorsko population arrested as hostages.
. . . . .
Inspector of Railroad Security Croatia.
. . . . . . .
Copy teletype of 11.11, 2330 hours.
Daily Report Inspectorate of Railroad Security Croatia of 11.
11.43
1.) . . . . . . . .
c) Patrol took over first security. Reinforcement of 1 Officer and 9 men arrived later on place of accident from Neu Pasua.
Auxiliary train at scene of accident. Crane train requisitioned. Reprisal measures ordered.
I believe your Honors that the next two lines are missing in the German Document Book. If so, I will hand the court interpreter the document and have him read it from the record.
PRESIDING JUDGE WENNERSTRUM: You will please.
MR. RAPP: May I cite for the benefit of defense counsel what particular sentence I have reference to. I have underlined in my book stating: not in the German Book. The sentence is:
"Reprisal measures ordered by the 173rd Reserve Division and will be executed by SD Ruma."
Does that appear in the German Document Book?
DR. LATERNSER: Yes.
MR. RAPP: Thank you very much. That is page 92. Then your Honor, it states:
"10 November. A Croatian train loaded with supply goods, among them 23 tanks cars, hit a mine on the track onr north between Novska and Lipovliani an 10.11 1900 hours."
On the next page, Your Honors, page 121, we find -this is page 92 of the Defense Counsel's book:
I. Shortly afterwards the place of attack was sealed off by dynamiting of tracks at 6.1 kilometer and 9.1 kilometer and the base point at 7.2 kilometer was kept under fire. The bandits looted the train, among other things they carried off flour from vehicles kept in readiness and then they set the train afire.........
The Railroad Security Sector east Vovska alerted Panzer train 65 which drove to the place of attack. The artillery of the Panzer train shot about 20 rounds on the enemy, which was withdrawing in a northwesterly direction. A personal inspection by the Inspector of the Railroad Security On 11.11 at 1100 hours did not reveal as yet that the responsible 1st Croatian Mountain Brigade in Kutina (187th Infantry Division) had undertaken anything in the way of reprisal measures.
Then a "Copu Teletype LXIX Reserve Corps of 12.11.43" II. Operation "Ferkel"
b) Subsidiary operation: During the night of 10,11 band attack by 1500 men with anti-tank guns, trench mortars and artillery against the entire front south of Brcko. Simultaneously band attack of 300 to 400 men against bridgehead east of Brcko. Enemy well led.
III. 173rd, Reserve Division.
In reprisal for railroad sabotage near Stara Pazova and for attack on patrol 40 southeast Vukovar 20 hostages hanged and 20 shot to death.
The 1st Cossack Division on the same document page reports:
During reconnaissance operation toward Puni Tovei (13 north Djakovo) 9 bandits shot to deaths.
This, Your Honor, completes Document 075, Prosecution Exhibit 358.
Your Honors, the next document which is offered in evidence is NOKW 1370. Your Honors will find this on page 123. of your Document Book, the Defense Counsels on Page 94. This document is offered in evidence as Prosecution Exhibit 359. This is an order dated 26 November 1943 by the XV Mountain Group, pertaining to the of able bodied male population, and the operation which was carried on under the cover name "Panther". This document is partially signed by the defendant Leyser.
It starts out:
TOP SECRET (Handwritten:) Top Secret, Qu 429/43 dated 2 December 1943 Headquarters XVth Mountain Corps Ia Section, No. 984/43 Top Secret Local Quarters, 1 December 1943 6th copy of 9 copies
OPERATION ORDER FOR "OPERATION PANTHER"
1.) Enemy Units of communist bands between UNA and KORANA (about 7 - 8,000 men, partly equipped with captured Italian arms) are attacking GLINA at the present time and are constantly disrupting the railroads ZAGREB - SUNJA and SUNJA - BIHAC.
Their support, with many supply depots and hide-outs, lies mainly in the SAMARICA and in the area of PETROVA GORA.
2.) XVth Mountain Corps will destroy these bands and their supply bases. The operation will be known by the code name of "Panther".
The next page, Your Honor, "enclosure 2 to 1st Cossack Division, Ib Section, Letter-Registry No. 2034/43; secret, dated 28 November 1943."
There is an endorsement to the 1st Cossack Division, and it states:
"1st Cossack Division, Section Ib... Medical companies are fully equipped with weapons and the equipment pertaining thereto. The second truck and the ambulance drawn by four horses is missing for each medical company."
And at the end of the page:
"Headquarters 2nd Panzer Army/O.Qu.
"3-Day Report as of 26 November: With 114th Division, 420 Military Internees at Knin Camp; with 373rd Division 16 members of bands and 9 hostages, 6 members of bands, etc."
DR. LATERNSER: Your Honors, I would like to ask for the correction of the translation in the English Document Book. On Page 123 the words used on page 94 of the German Document Book, and I quote now: "Vernichtung der Banden." These words are translated, I quote again "Destruction of the bands." This translation is not correct, for "Vernichtung" is a military term for which there should be an equivalent in the English language. I don't want to name it in order not to influence the interpreters as I have been asked not to do so.
THE PRESIDENT: If you will send it up to the interpreters they will follow the procedure heretofore taken. For the record if the interpreters will read it and give the section that they refer to in the translation it will be appreciated.
THE INTERPRETER: In the German Document Book it is on page 94, Section 3, sub-section A; in the English Document Book page 123, Section 5: "Condition of the War", sub-section A, and the translation reads:
"Destruction of the bands," which is in German "Vernichtung der Banden."
THE PRESIDENT: That is the translation that is given by the translators in this court?
THE TRANSLATOR: Yes, it is.
THE PRESIDENT: Very well.
DR. LATERNSER: Your Honor, may I say something to that? I haven't understood the words which are now to be used for this translation.
THE PRESIDENT: The interpreter will again repeat.
DR. LATERNSER: Your Honor, I don't think it is the right translation of this military term, and I ask for a definite decision from the Chief of the Translation Division. The military term for "Vernichtung" is to destroy.
THE PRESIDENT: The request will be granted, and it will be taken up through channels.
The Tribunal will be in recess until 1:30 this afternoon.
(Thereupon at 12:15 a recess was taken until 1:30 PM)
AFTERNOON SESSION
THE MARSHAL: The Tribunal is again in session.
PRESIDENT WENNERSTRUM: You may proceed.
MR. RAPP: Your Honors will recall that prior to the recess, we had discussed NOKW 1370. With your Honors permission, I would like now to hand this document up to the bench for signature identification of the defendant, Leyser.
Your Honors, if you now turn, please, to page 126 of your document book, and defense counsel, I refer to pages 96 and 97 of the German document book, we now come to NOKW 830, which is offered as Prosecution Exhibit 360.
I would like to call to your Honor's attention the fact that this particular document NOKW 830 has already been offered by the Prosecution as Exhibit 326, Document Book 13. The purpose of introducing this particular instrument again at this time is for the purpose of only putting page 128 of this document into the record.
If your Honors will turn to page 128 of this document, - I refer defense counsel to page 100 and 101, - we have in this document an entry dated December 3, 1943. This particular document, and this paragraph has reference to the defendant Rendulic, the defendant Weichs and the defendant Foertsch:
"2nd Panzer Army's nations intention "Panther" and orders preparation of evacuation, which is to be kept completely secret from Croatian authorities, (and further orders) suggestions for its execution to be submitted. It is believed practical to transport the population capable of bearing arms, to Germany for labor employment."
And this is signed, "The Commanding General, V. Leyser, General of Infantry" initials "Pf.".
For purpose of identification, with your Honors' permission, I would like to pass on to you this document to see the signature of the defendant Leyser.
Your Honors, turning now to page 129 of your document book, defense counsel book, pages 102 and 103, NOKW 1258 is offered, which will become Prosecution Exhibit 361.
This document in the form of a teletype message is dated the 6 December 1943, and pertains to a report of the 2nd Panzer Army and 15th Mountain Corps reoperation, "Panther". It also pertains to the deportation of able population for labor in Germany. It says: "Remarks: Top Secret." "December 7, 1943", and "15th Mountain Corps Headquarters", "Panther":
"Order received from Quartermaster.
1. Agree to proposal to carry out operation "Panther".
2. After contacting the German Plenipotentiary General in Croatia about evacuation it is ordered:
a. According to records available, operation "Panther" will concern about 6000 persons fit for military service. Camps for the population and prisoners concerned will be at SISAK and KARLOVAC.
Will be set up and looked after by 1036.
Administrative Subarea H.Q. Guards furnished by XVth Mountain Corps.
b. The entire male population will not be evacuated but only:
(1) Suspects and strangers in villages they do not belong to.
(2) Those arrested outside villages.
c. German Plenipotentiary General in Croatia has five SD Groups ready for combing villages in the rear of military operations.
3. Headquarters XVth Mountain Corps will examine whether area concerned in "Panther"operation can be kept occupied after successful operation.
The Croatian Government could then be requested to provide administrative personnel.
4. The evacuation of the population fit for military service will be known by the code name of "SILBERSTREIFEN" (silver stripe) Panzer AOK 2 Ia No. 814/43 Top Secret Handwritten:
Certified correct:
(signature)
1710 Station GHFIX No. 0976 GOEHLICH TOP Secret to Station GHFGXW" On the next page, your Honors, page 131, 104 in the German, we have:
"Handwritten: Ia Section No. 1026/43 Top Secret dated 9 December 1943.
Handwritten: Panther Stamp:
Top Secret 7 December 371st Division 373rd Division 1st Cossak Division To XVth Mountain Corps/Ia No. 984/43 Top Secret.
1. For those to be evacuated in "Panther" operation the 1036th Administrative Sub-Area Headquarters will establish and maintain camps at SISAK and KARLOVAC. Support by 1st Cossak Division and 371st Division. Guards for SISAK as ordered, for Karlovac also from 371st Division.
2. Army has ordered: Not to evacuate entire population, but only:
a. Suspects and strangers in villages they do not belong to.
b. Those arrested outside villages.
3. To comb the villages in the rear of the fighting forces there will be attached:
1st Cossak Division 2 Groups SD 371st Division 2 Groups SD 373rd Division 1 Group SD 4. The evacuation of the population fit for military service will have the code name "SILBERSTREIFEN" (silver-stripe). Reports referring to this will be sent to Quartermaster section."
It is certified correct, and then a signature.
"After dispatch copy to: 1a, 1c and War Diary".
Your Honors, turning now to page 133, we have again before us a teletype message, defense counsel book 1 -- page 105. It is a message to the 15th Mountain Corps from the 2nd Panzer Army Commanded at that time by the defendant Rendulic, and the 15th Mountain Corps commanded by the defendant Leyser:
"Commencing about 6 December XVth Mountain Corps will conduct an operation to destroy the bands around GLINA and enemy supply bases in the PETROVA, GORA and SAMARIKA. This is to deny the bands the means to supply major forces and to ensure greater security for the railway.
"AGRAM - SISAK. The operation will be designated the code name "Panther". The main forces of the 371st Infantry Division will advance from the line OGULIN - KARLOVAC towards East and a blockade line formed by 1st Cossak Division and components of the 2nd "Croatian Light Infantry Brigade.
Duration of the operation until about 23 December 1943.
Since the area to be mopped up was always a bandit stronghold, it is intended to evacuate the entire male population fit for military service.
2). It is requested, with complete maintenance of secrecy underlined to Croatian Headquarters, to prepare the evacuation and to forward proposals for its execution to Panzer AOK2 as soon as possible.
Sending the evacuated population fit for military service to Germany for labor service is considered expedient."
Court No. V, Case No. VII
MR. RAPP: The next page, Your Honors, is an "Operational Order for Operation 'Panther'". Defense counsel will find this on Page 107 and Page 108 of their book.
"1.) ENEMY. Communist bands between UNA and KORONA (about 7-8000 men, partly with captured Italian arms) are at the present attacking GLINA and an interfering constantly with the railway lines AGRAM-SUNJA and SUNJA-BIHAC. Their main support with many supply depots and hide-outs is above all in the SMAARICA and in the area of the PETROVA..........
"2.) XVth Mountain Corps will destroy these bands and their supply bases. The operation will be desiganted 'Operation Panther'.
"3.) Forces:
371st Infantry Division with two reinforces Infantry Regiments and improvised motorized advance detachments.
"1st Cossack Division with 4 Cavalry Detachments for the attack and additional forces for the blockade line.
"373rd Infantry Division: With at least 2½ reinforced battalions and Croatian forces.
"5.) Conduct of Warfare:
. . . . . . . . .
"6.) The entire male population fit for military service between 15 and 55 years of the area being mopped up is to be evacuated and removed to the camp at SISAK.
"7.) Securing Supplies:
Supplies found must be secured extensively for own requirements.
"Allocation of transportation for this must be arranged. Only those supplies are to be destroyed which cannot be transported inasmuch as they do not consist of absolute necesities for the local population.
"Those villages situated in the vicinity of our own permanent Court No. V, Case No. VII.
"billets are, in our own interests to be exempted from this measure.
"Enclosures: 1 map 1 Enemy Situation Report 1 Enemy Situation Map (signature) Distribution:
Divisions participating Ia, Ic, Quartermaster reserve: 3 Distribution:
1st Copy: 371st Division; enclosures: 1 map, 10 Enemy Situation Reports, 1 Enemy Situation Map 2nd Copy:
1st Cossack Division; Enclosures: 1 map, 10 Enemy Situation Reports, 1 Enemy Situation Map 3rd Copy:
373rd Division; enclosures: 1 map, 5 Enemy Situation Reparts,"
MR. RAPP: And then we find various situation maps which were attached to this order for to be carried out. And on Page 137, Your Honors, on Pages 109 and 110 of the German defense counsel's book, at the top, we see that the maps are described and then it says at the bottom:
"1 Enemy Situation Map "4th Copy:
IA; enclosures: 1 map, 1 Enemy Situation Report, 1 Enemy Situation Map.
"5th Copy: Ic; Enclosures: 1 map, 1 Enemy "Situation Report, 1 Enemy Situation Map "6th Copy:
Quartermaster; no enclosures "7th, 8th Copies:
Reserve (no enclosures) "9th Copy:
(handwritten:) Air Liaison Officer Stamp:
TOP SECRET Priority (Handwritten: initials) (Handwritten:
380 (1935) 1/43 Dispatched:
27 November 2230 TELETYPE "To Panzer AOK 2 SUBJECT:
Operation 'Panther' "1.) Headquarters XVth Mountain Corps intends to conduct an operation to destroy bandit forces a round GLINA and supply bases in the Petrovagora and Samarica.
Code Name: 'Panther'.
"4.) Corps Headquarters proposes to evacuated entire able bodied male population of the area to be mopped up, since this area was always a bandit stronghold."
On the next page you will find the various stamps and signatures authenticating this document, "Headquarters XVth Corps, Ia, dated 27 November 1943.
And then at the bottom, Paragraph 4, addressed to the 2nd Panzer Army, states:
"Corps Headquarters proposes to evacuate male population fit for military service, in the area to be mopped up, since it always was a bandit stronghold.
1 Enclosure" This concludes NOKW-1258, Your Honors, the first part of this document which I have just read, which was a telegram from the 2nd Panzer Army to the 15th Mountain Corps, a copy of which was found in the German document files in Washington, bears the initials of the Defendant Rendulic in the right-hand upper corner, and furthermore, in this document on one "age, the one referring to the operational order for the execution of the operation "Panther," is signed by the Defendant Leyser.
With Your Honors' permission I would like now to hand up this document to the bench for your inspection.
THE PRESIDENT: Where do you claim the initial of Rendulic is?
MR. RAPP: On the right-hand upper corner of the T*X. I believe it is the first page. There is an "R" and "E", or possibly an "E", starting with an "R".
THE PRESIDENT: You may proceed.
DR. FRITSCH: (Fritsch for the Defendant Rendulic.) Your Honor, the Prosecutor referred to initials on the document submitted just now as originating from the Defendant Rendulic. I must object to that; these are not the initials of the Defendant Rendulic.
MR. RAPP: I beg your pardon, Your Honor, the defense counsel has not shown the Defendulic the initials which we have referred to.
DR. FRITSCH: I beg your pardon. There has been a mistake. The initial referred to by the Prosecution is not the initial originating from the Defendant Rendulic. It is not.
THE PRESIDENT: The Prosecutor merely asserted that it was their claim, or the claim of the Prosecution, that this was the initial of the Defendant Rendulic. The defense will have ample opportunity to dispute that question on the presentation of their case.
DR. FRITSCH: Thank you.
MR. RAPP: If Your Honors now turn to Page 139 please, which is German Document Book Page 111, ...
THE PRESIDENT: Pardon me, Mr. Rapp. I think it also should be stated that there has been no proof that this is the initial of the Defendant Rendulic, and it is merely your statement to that effect.
MR. RAPP: Your Honor, if you so desire, we will submit to the Tribunal a signature card of the Defendant Rendulic, and in addition to this, Your Honor, at the later time, if and when the Defendant Rendulic takes the stand and chooses to deny this to be his own initial, the Prosecution, at that time, may ask for a handwriting expert.
JUDGE CARTER: Mr. Rapp, doesn't the Prosecution have to offer some evidence that this is his signature or his initial? You have handed up here several signatures for us to look at. Now, we don't know who wrote those signatures. We look at them, but that doesn't establish anything.
MR. RAPP: Your Honor, we have merely put into the record an allegation to this extent, and we will, at a later time in our case in chief, try to support this present allegation.
JUDGE CARTER: Well, I assume that that must follow.
MR. RAPP: Very well, Your Honor. If Your Honors will now turn to Page 139 we have before us Document No. NOKW-022, which becomes Prosecution's Exhibit No. 362. This, Your Honors, is a document dated the 2nd of December 1943. It is an order of the 2nd Panzer Army for the evacuation of the able bodied male population for labor in Germany during operation "Panther." Sender, 2nd Panzer Army, Ia, initial illegible, 2.12.43, teletype to German General Plenipotentiary in Croatia for information, Corps Headquarters 15th Mountain Corps:
"1.) On or about 6.12 Corps headquarters XVth Mountain Corps will execute an operation to break up the bands around Glina and to destroy enemy supply bases in the Petrova Gora and Samarika. Thereby the bands are to be deprived of supply possibilities for larger units and increased security of the railroad Zagreb/Sisak is to be achieved.
"The enterprise has the cover name "Panther". The operations to be executed by the 371 Jaeger Div. moving in an eastward direction, units of the 1st Thekla Cossack Division, parts of the 373 Otto Croatian Division, and parts of the 2nd Croatian Jaeger Brigade which are forming a blockade chain.
"Duration of the operation to approximately 23.12.43.
"Since the territory to be mooned up has always supported the bands, it is intended to evacuate the entire male population. "2.) It is requested to prepare the evacuation and to submit suggestions for its accomplishment as soon as possible to the 2nd Panzer Army, keeping it strictly secret as for as Croatian authorities are concerned. It is considered practical to transport the evacuated male population for labor employment.
"(signed) Kunold "2nd Panzer Army, Roman Ia "Certified true copy.
"Handwritten: 0135 hrs.
coded Benner, illegible.
German Plenipotentiary General."