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."
If your Honors turn to page 141, we have now the last document in Document Book 14, NOKW-074. It is being offered as prosecution Exhibit 363. This this document is dated the 4th of December, 1943. It is a teletype message to the 2nd Panzer Army from Croatia. It states:
Reference: Your teletype No. 1a 783/43 Top Secret. Defense counsel will find this document on page 112. According to the information at hand, about 6000 people capable of bearing arms, excluding all given possibilities, are to be counted on in the "Panther" operation. Camps for the population and prisoners concerned are to be Sisak and Karlovac. Erection and care possible through 1036th Administrative Sub-Area Headquarters. Security forces not at hand. The following is suggested and requested:
1) Not to evacuate all the male population at hand, but A) only suspicious people and strangers within the localities. B) Those seized outside the localities. 2) To bold ready for filtration within the localities 5 special purpose groups of the SD, following the military action. This is possible.
3) Hold Panther area as occupied as possible, after successful action. The Croatian government could be requested after the action to guarantee administrative forces for the area.
Deportation of all those capable of bearing arms to Germany might apparently come up against strong resistance from the Croatian government. Negotiations accordingly may take place only after the end of the action, through the embassy.
Germany General Plenipotentiary in Croatia 1a No. 02439/43 Top Secret 4 Dec 43.
(rubber stamps and pencilled notes)
Top Secret Corps Headquarters XV Mountain Corps.
722/43 Top Secret with presentation 1a p
1). In supplement to Teletype 1a No. 955/43 Top Secret of 27 Nov 43, a sketch concerning the utilization of forces and planned execution of the operation "Panther" is presented.
The purpose of the operation is destruction of the bandit forces at Glina and destruction of the enemy supply bases in Petrova Gora and Samarica. Through cleaning-up of Samarica the possibility of provisioning larger forces is taken away from the bandits and the increased security of the Main Railway Zagreb-Sisak-Novska is assured.
On page 143, page 114 and 115 of the German document book, under "2", we find various tactical orders and in paragraph 4 it states:
4) The Corps Headquarters suggests that all the male population capable of bearing arms in the territory to be cleaned up, be evacuated, since this territory was always a bandit retreat.
Pm. K.
(Sgd) von Longus.
Mission only of the German General Plenipotentiary!
Labor use in Germany?
Your Honors, this concludes Document Book 14. Your Honors, if I may be permitted to make a short reference to prosecution Exhibit NOKW-1258, which was offered as Exhibit 361, I believe that I called to your Honors' attention the fact that this document consisted of a teletype message of the 2nd Panzer Army and a march order for the operation "Panther" issued by the defendant Leyser.
For the purposes of the record, your Honor, I am trying to ascertain whether or not you have also taken notice of the signature of the defendant Leyser appearing in the middle of the document besides the initials which we allege to be that of defendant Rendulic.
JUDGE BURKE: To what page do you refer in the English document book?
MR. RAPP: I beg your pardon, your Honor?
JUDGE BURKE: To what page do you refer in the English document book?
MR. RAPP: In the document book? It is page 145. There are two signatures of the defendant Leyser in the middle of this document.
THE PRESIDENT: Page 145 is not a part of Exhibit 561, is it?
MR. RAPP: One page, your Honor, is page 138.
THE PRESIDENT: You claim the signatures on that page -
MR. RAPP: On page 138 of the document took, you will find in the original that I just have handed up to you, your Honor, a signature which is appearing hero saying illegible. That is on page 12 of the original document you have before you, your Honor.
THE PRESIDENT: I think you should keep in mind the comments made by Judge Carter to the fact that it is incumbent upon the prosecution to prove that this is the signature of the defendant Leyser.
MR. RAPP: Yes, your Honor, we fully realize that.
JUDGE CARTER: It seems rather peculiar that we examine all these signatures when we have never seen one that anyone says is the signature of the defendant Leyser.
What do we compare it with? We can look at them and that is all.
MR. RAPP: Your Honors will recall that we have submitted to you previously affidavits of the defendants, signed in their own handwriting and the only purpose of showing these documents now at this time is to make your Honors familiar with the fact that these documents are signed by individuals who we believe to be the defendants.
JUDGE CARTER: Maybe I am getting a little technical but no one has ever said that he signed that instrument. Even the affidavit.
MR. RAPP: Your Honors, the affidavit was read into the record as saying that he had read it, he had signed it, he had sworn to the truth of the contents and as such I believe your Honor was admitted into evidence.
JUDGE CARTER: We admitted it for what it was worth and until somebody establishes that it is the signature of the defendant, it isn't worth very much.
MR. RAPP: That is correct, your Honor. We will endeavor at the proper time to show proof to the court of the signatures. If I may be permitted to recall your Honors' attention to Document NOKW-509, which we discussed yesterday afternoon and there were various pages missing in the German document book, the pages I am referring to in your document book, your Honor, are pages 45, 46, 47, 48, 49 and the whole document of 509. Now the prosecution has meanwhile furnished Dr. Laternser sufficient copies of pages 45, 48, and 49 to distribute these pages to defense counsels and to insert these pages into their document books. If I may be permitted, for the purpose of the record, I would like now to road these pages into the record and have defense counsels properly identify them in their document books.
THE PRESIDENT: That will be agreeable. Will you kindly state, however, the Exhibit number and document number again?
MR. RAPP: Yes, your Honor. That was NOKW-509 and that was prosecution Exhibit 340. Now I shall only read that much of the document which was not read yesterday because it was missing in the German document book. Corps Headquarters, LXIX Reserve Corps, 1a. 3166/4406/43 Secret Corps Headquarters dated 30.1.43.
JUDGE CARTER: What page are you starting on?
MR. RAPP: I am starting on page 45, your Honor.
JUDGE BURKE: I think you are in error; it is on page 26 if you arc referring to Exhibit 509.
MR. RAPP: I am referring to Exhibit 509, that is correct, your Honor.
JUDGE BURKE: That Exhibit starts on page -
MR. RAPP: It is document 509, Exhibit 340.
JUDGE BURKE: Yes, document 509, Exhibit 340.
MR. RAPP: That is correct.
JUDGE BURKE: Beginning on page 26.
MR. RAPP: On page 26? Thank you, your Honor, That is Corps Headquarters, LX IX Reserve Corps 1a. No. 3166/ 4406/43 Secret. Corps Headquarters -- have the interpreters the page?
INTERPRETER: Which page in the German document?
MR. RAPP: Dr. Laternser, have you a spare page, please?
I am reading from page 45 of the English Document Book:
TRANSLATION OF DOCUMENT No. NOKW - 509CONTINUED (page 18 of original) SECRET Corps HQs LXIX.
Res. Corps Corps HQ, dated 30.11. 1943 I a No. 3166/4406/43 secret.
Reference is: Reprisal measures in the Slavonic Area.
Subject: 2nd Panzer Army Ic Intelligence Officer Teletype date 24.11.43.
3 Enclosures To Panzer Army Ic Intelligence Officer Directives pertaining to reprisal and evacuation measures issued within the area of the Corps HQ's were given on the basis of the directive "2nd Panzer Army, Intelligence Officer (III) No. 38/43 secret dated 5.9. 1943."
According to this directive divisional and independent regimental commanders are competent for ordering and execution of reprisal and evacuation measures as is reaffirmed expressly by the directive "2nd Panzer Army, Intelligence Officer (III) No. 306/43 dated 44.11.1943."
The Corps HQs has ordered that the arrests of hostages within its area can be made only in agreement with Creation Administrator and police authorities respectively Ustasha units. Enclosed are copies cf the pertinent orders dated 23.9., 16.10 and 20.11.1943.
In connection with the evacuation measures within the area of the 187th Reserve Division, which were started and later stopped, you are referred to Corps HQs LXIX.Res.Corps I a No. 375/586/43 top secret dated 8.11.1943, which was sent to the 2nd Panzer Array Ia and O. Qu on the 9.11.1943.
Having repeatedly pointed out orally to the commanding officers, the necessity of special consideration toward Volksdeutsche and Croatians the Corps HQs believes that blunders will be limited in the future. They will not be completely avoidable in the overall situation.
signed - DEHNER If your Honors please, turn now to page 48 of your document book.
We will read into the record this page which was previously missing in the German translation:
TRANSLATION DOCUMENT No. NOKW - 509CONTINUED.
Corps HQs LXIX. Reserve Corps Corps Hq., dated 6.12.1943 I a No. 3255/4607/43 secret.
(handwritten) SUBJECT:
Mopping-up operations in the Fruska Gora on 27.11.43 under the Leadership of the Deputy Commanding Officer of the 173rd Division.
To the
SS Police Section Leader Esseg SS-Oberfuehrer and Colonel of Police in S A M M E R N -F R A N K E N E G G.The 173rd Reserve Division reports that after the close of the operation against the village of Lezimir, and after the divisional troops had marched off, the remainder of the population, which had been driven together in the town hall of Lezimir and which consisted of old men, women and children had been shot to death in the church by the SD by your order.
I myself was in Lezimir on the 27.11.43 and saw the old people and children, who seemed completely harmless to me. I should like you to tell me why you gave this order to sheet these people to death, in particular of what these people shot to death were suspected.
I further request information whether the SD actually shot these people to death inside the church.
Since I must make a comment to the report of the 173rd Reserve Division before passing on the report to the 2nd Panzer Army I should appreciate a speedy answer (initial) (signed) DEHNER TRANSLATION OF DOCUMENT No. NOKW - 509CONTINUED.
37 (handwritten) K.T.B.
The next page your Honor, is page 49:
Unclassified Text of Radio Message from Operational Staff Brauner 6.12.43.
(handwritten) arrived 7.12.1943 14.
22 (initial illegible) To the LXIX.
Res.Corps:
The 3rd Croatian Jaeger-Brigade reports:
Behavior of Cossacks toward Domobranes.
Croat. I. Batl. / Jaeger-Regt. 8 dated 3.12.43 Domobranes from districts of TUZLA, GRACANICA, DOBOJ, DERVENTA BOSN, and BROD complain that their wives and sisters were raped by the Cossacks and that the people attempting to interfere were murdered with the excuse that they were communists. There is a great deal of disgust among the Domobranes. Furthermore, the houses of the Domobranes are being looted. The Domobranes are in the mood to escape home and to defend themselves by force of arms.
signed: F R I T Z. Colonel.
The above report is submitted for further action since the 2nd Cossack Brigade is subordinate to the LXIX Reserve Corps.
187 Res. Div. Ia No. 10259/43 secret.
Your Honors, Mr. Denney will now present document book XV.
MR. DENNEY: First, may it please your Honor we have some inserts to the exhibit for identification which is at the close of Document Book I. This is to be added to Exhibit 38a for identification. It lists the charges against the defendants offered with reference to Exhibit 4b in evidence. I have handed 24 copies to counsel for the defendants, copies to the Secretary-General, interpreters and the translators, and that gees to the end of Bock L, and that is, as your Honors will recall, Exhibit 4b in evidence which was originally marked for identification.
PRESIDING JUDGE WENNERSTRUM: Which page number will that receive?
MR. DENNEY: Page 138 your Honor, of Book I. Then I have the similar chart for Book XI which will be pages 80 and 81 in Book XI and the exhibit number will be 284a for identification.
PRESIDING JUDGE WENNERSTRUM: Mr. Denney, may I take the liberty of asking again for the page number of the insert to Book I.
MR. DENNEY: Book I your Honor?
PRESIDING JUDGE WENNERSTRUM: Which you referred to first?
MR. DENNEY: Yes, Your Honor. Page 138, Document Bock I; it is the fourth page of Prosecution Exhibit 38a fer identification, 138 English Document Book I, being the fourth page of Prosecution Exhibit 58a for identification.
PRESIDING JUDGE WENNERSTRUM: New, if you will also give us the information concerning this sheet that you have handed us concerning Document Book XI and with this suggestion may I say if you will circulate them first and then refer to the page number and identification mark so that we can put it down.
MR. DENNEY: Very well, if Your Honor please.
MR. DENNEY: Very well, if Your Honor, pleases.
THE PRESIDENT: If you will kindly refer to the Exhibit and page number again.
MR. DENNEY: 285-A, as in Able for identification; page 80 and 81 of the Document Book No. 11.
Continuing now with the same period in which Messrs. Fenstermacher and Rapp have been concerned for the past two books, we now start with Document Book 15. The first document which we offer is NOKW 1136, which is page 1 of the German and page 1 of the English of Book 15, and which is offered as Prosecution Document 164 in evidence. These are some reports from the 1st Cossach Division, which yesterday was concerned, if Your Honors will recall, under the 69th Corps. We have as yet seen no transfer of them to the 15th Corps. However, these reports are directed to the 15th Corps from the Division.
This first series of reports we have are all in teletype. The first one is dated 28 December 1943:
I. During the night a female bandit detachment / strength approx. 30 entirely destroyed bridge / southeast of Glina road bridge 4 Km West of Glina was blown during the night / still passable for pedestrians / reinforced raid from Sunja on Stremen without success / enemy retired over save / 71 male inhabitants eligible for service were arrested / a harvesting detachment was attacked by partisans in the Bijelnik district / 22 horses and 12 vehicles were lost / 1 bandit was shot / .......... // 1/cossak division 1A Daily report// The second report is dated the 16th. These work backwards, Your Honor, please. It is again directed to the 15th Mountain Corps, and again the 1st Cossak Divsn.