Article 49: "If, in addition to the taxes mentioned in the above Article, the occupant levies other money contributions in the occupied territory, this shall only be for the needs of the army or for the administration of the territory in question."
Article 50: "No general penalty, pecuniary or otherwise, shall be inflicted upon the population on account of the acts of individuals for which they cannot be regarded as jointly and severally responsible."
Article 51: "No contribution shall be collected except under a written order, and on the responsibility of a Commander in Chief. The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force. For every contribution a receipt shall be given to the contributors."
Article 52: "Requisitions in kind and services shall not be demanded from municipalities or inhabitants except for the needs of the army of occupation. They shall be in proportion to the ressources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country. Such requisitions and services shall only be demanded on the authority of the commander in the locality occupied. Contributions in kind shall as far as possible be paid for in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible."
Article 53: "An army of occupation can only take possession of cash, funds and realizable securities which are strictly the property of the State, depots of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations.
All appliances, whether on land, at sea, or in the air, adapted for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of ammunitions of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made."
"54" has to do with submarine cables and I don't think we have to worry about that.
"55: The occupying State shall be regarded only as administrator and usufructuary of public buildings, real estates, forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct."
And the last article, 56, which is also the last article of the annex: "The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property. All seizure of, destruction or wilful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings."
Turning now to page 100 in the German and 73 in the English, we offer Prosecution's document No. NOKW-931 as Exhibit 372 in evidence. These are reports of the 100th Jaeger Division to the 21st Mountain Corps, dated 14 and 16 December 1943; and this corps at that time was under the 2nd Panzer Army which was commanded by the defendant Rendulic.
First is a supplemental report to the report of 12 December which had been made at an earlier time.
During area operations ..........
(About one sentence missing - film unintelligible.)
The next page, 74 in the English and 101 in the German, again from the 100 Jaeger Division to its parent unit the XXI Corps, the daily report 1c:
"Reprisal measures for attack on the road patrol in Elbasan; Execution shooting of 4 Communists and advancing the curfew for civilians to 1600 hours."
While there are some initials on this original, these are actual typings on telegraphic communication blanks other than the units. We have been unable to identify any of them as of this time.
Then turning to page 102 in the German, and 75 in the English, we have document NOKW-073, which is offered as Prosecution Exhibit 373.
These are daily reports of the various subordinate units to the 2nd Panzer Army with reference to the retaliation measures which were made in December, although one of them refers back to a November date. The 2nd Panzer Army was at this time commanded by the defendant Rendulic.
The first report is from the 69th Corps and at this time that corps was subordinate to the 2nd Panzer Army and was commanded by the defendant Dehner.
The report for 3 December 1943, which is a supplement to an earlier daily report of 29 November, states that:
"According to the report of the Croatian State Commissar for Security of Railroad Traffic, 10 persons from the bordering communities will be hanged at the locality of the incident in reprisal for this attack against a troop transport. The State Commission also intend from now on to levy fines on the Communities concerned since, according to his interpretation this will be felt considerably more."
Then the daily report of the 16 December, the 187th Reserve Division, which at that time was subordinate to the 69th Corps, which in turn was subordinate to the 2nd Panzer Army, speaking for the area, "Tuzla":
"According to statements of inhabitants a band group of 1500 men has retreated from the area of Crna Bijaka into the area of Krivaca and Dzinrize". In reprisal for a mine attack near Bajic, 6 hostages were hanged at the place of the attack;
Then there is a daily report of the 69yh Corps for the 23rd, again citing the activity of the 187th Reserve Division, one of its subordinate units:
"Area Brcko: Attack of band group (400 men) on Stresinci near Jamena repelled partly in hand to hand combat."
"Area Virovities-Bjelovar-Keprivnica: (December 21, 1943) Majuro occupied by band, approximately 1000 men. Armament in area southwest Bjelovar. In Bjelovar on 22 December, 25 hostages and people suspected of being bandits shot to death as reprisal measure for attacks by bands."
Then on page 103 of the German, 77 of the English, again from the same units, the 69th Corps and 187th Reserve division:
"During mopping up operations by the II Ustasha Brigade and by police units near Djakovo several villages were burned down as a reprisal measure, 2 bandits captured."
Then we have a report of 15 December, with reference to the action "Panther", concerning the 373rd Infantry Division, part of the 15th Mountain Corps, which at that time was commanded by the defendant Leyser:
"During the night propaganda vehicles were employed; 4 deserters."
Then over on page 103, for the 373rd Division again, still of the 15th Corps:
"Base of Kola taken by bandits during the night of 13 to 14.12.
9 Croatians dead, 33 Domobrane and 2 officers missing. German relief forces occupied Kola without contact with the enemy but Croatians again evacuated Kola. Enemy attack allegedly was carried out by 1500 bandits."
Then for the 69th Corps:
"Since 8 December 1943 stronger sabotage activity against main railroad line. 173rd Reserve Division seized 220 hostages for attack on railroad near Putinci."
This 173rd Division, we have not referred to it lately, however, that is one of the three divisions along with the 187th Reserve and originally the 1st Cossack, which was subordinate to the 69th Corps which was a corps of the 2nd Panzer Army, and your Honors will recall at the commencement of this book, the reports from the First Cossack Division were being made to the 15th Corps, and although we have never found the order transferring that Division from the 69th to the 15th Corps, the earlier reports which were contained in Book 14 for actions in the early part of 1943, were made from the 1st Cossack Division to the 69th Corps.
That, if Your Honors please concludes this book, and we are endeavoring to get the documents for the next book. It is just a matter of bringing them up here. I do not know where they are.
Dr. Laternser is here to speak.
DR. LATERNSER: Your Honors, after looking through the translations, on page 101 of the English document book -- I am sorry, on page 74 of the English document book, the German word, "uebergall" has been translated, "attack". That is the first case. A second case, on page 76 of the English Document Book, at the top of the page, the word "Ueberfall" has again been translated by the word "attack".
The third case is on page 76 of the English document book, and is the word "Bandenueberfall" translated in the text by "attacks by bands," On page 78 of the English document book, in the center of the page, the word "Fuer vahnanschlag bei Putinci" is translated by "attack on railroad".These four translations, I would be grateful if these translations could be submitted to the interpreters.
MR. DENNEY: We have no objection to submitting them, your Honors. There is one point I would like to make. I have spoken to Dr. Laternser about if before. I think it is only fair that when he comes up with a translation disagreement, if he will just call our attention to the German text with which he disagrees. Now here it is obvious that he finds four translations of the word, "attack" as improper. The interpreters hear it and their first reaction when they get the German is, "Well, what different can we find than 'attack' to use", whereas if he will come up, -- I have no objection at all to any trouble or fault ho wants to find with our translations. We are certainly trying to make them as proper as we can, but if he will just come up and says, "I want the word "Bandenueberfall" on page 102 of the German translated; or I want the word "Eisenbahnueberfall" on page 76 of the German translated, so that the translators at least can go into it with an open mind, I do not think that request is unreasonable.
PRESIDING JUDGE CARTER: You may send up the original. We will have it interpreted.
DR. LATERNSER: From what the Prosecutor has just said I want to say this; I want to add something. I believe I did hot proceed in any other way, I pointed out the pages and the places to which I objected, and I did not choose any other way. I also have an interest that the translation is done in the proper way.
THE PRESIDENT: (JUDGE WENNERSTRUM): I think we will take our morning recess while you get the pages and lines.
MR. DENNEY: If Your Honor pleases.
(A RECESS WAS TAKEN FROM 1105 to 1115)
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Tribunal is again in session.
THE PRESIDENT: (JUDGE WENNERSTRUM): Judge Burke and I regret to announce that Judge Edward F. Carter has received a cablegram that his brother in America was recently killed in automobile accident. Naturally Judge Garter is deeply affected; and out of respect to him, and because of his and our wish in the matter, the Tribunal will stand adjourned at this time until 9:30 tomorrow morning.
THE MARSHAL: The Tribunal will be in recess until 9:30 o'clock tomorrow morning (THE TRIBUNAL ADJOURNED AT 1117, TO RESUME
SESSION TUESDAY, 5 August 1947, at 0930) Official Transcript of Military Tribunal V, Case VII, in the matter of the United States of America against Wilhelm List et al, defendants, sitting at Nurnberg, Germany, on 5 August 1947, 0930, Justice Wennerstrum presiding.
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V. Military Tribunal V 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 in the Courtroom.
THE MARSHAL: May it please your Honors, all the defendants are present in the Courtroom.
THE PRESIDENT: You may proceed, Mr. Denney, with such matters as you may desire.
MR. DENNEY: May it please your Honors; Dr. Laternser I wonder if you step up and we can look at these translation notes and make sure that I have them all properly marked. Dr. Laternser?
If your Honors please, at this time I would like to hand to the interpreters Exhibits 372 and 373. The word which appears in Exhibit is on the third line from the last of the last page of the Exhibit in the German and is the word "Ueberfall."
And in 373 the first word appears on the third page, counting this title page as one, and is on the last line of that page, the word "Bahnanschlag."
The next word is on the sixth page and appears in the last line of Paragraph D, and it is "Ueberfallstelle."
And the last word appears in the last line of Paragraph B on the last page of Exhibit 373 and is the word "Bandenueberfalle." And I would ask the interpreters to translate those words.
THE PRESIDENT: If the interpreters will please state the line and page of the English documents, that will be helpful to the Tribunal.
MR. DENNEY: The first word, Your Honors, is on page 74 of the English, Document NOKW-931, Exhibit 372. It is the fourth word in the paragraph which appears at the bottom of that page .... "reprisal measure for attack." And the second is on page 76 of the English, Document NOKW-073, Exhibit 373 in evidence. And it is the third last word on that line which is underlined. "Attacks." The third word is the third and fourth words on page 78 of the last page of Document Book 15. The same document, the same exhibit. The first on the second last line under the entry of 273 Infantry Division. The second word in the last sentence, "attack", and the fourth word is the fifth word from the end of the entry under the 69th Reserve Corps, "attack."
INTERPRETER SCHAEFFER: Page 74 of the English, 104 of the German, the German word "Ueberfall" would be translated as "surprise attack." The sentence should then read: "Reprisal measure for surprise attack on the road patrol in Elbasan..." That is the first place. In the second case in question, on page 76 of the English Document Book, page 102 of the German Document Book, the word "Banddenueberfaelle" should be translated as "surprise attacks by bands." The sentence should then read: "21 December. In Bjelovar 25 hostages and people suspected of being bandits shot to death as reprisal measure for surprise attacks by bands."
The third case is on page 78 of the English --
MR. DENNEY: Page 58, it can't be on 58.
INTERPRETER SCHAEFFER: Page 78.
MR. DENNEY: I am sorry, I misunderstood you.
INTERPRETER SCHAEFFER: And page 103 of the German, the word in question reads "Bahnanschlag," "surprise attack on railroad." The sentence should then read: "173 Reserve Division seized 220 Hostages for surprise attack on railroad near Putnic." And the last case in question is on page 102 of the German, and the word in question is "Ueberfallstelle". That is "the spot of the surprise attack."
The sentence is on page 76 of the English Document Book, on top of the page: "In reprisal for a mine attack near Rajac, 6 hostages hanged at the place of the surprise attack."
Those are the four cases that were being questioned.
MR. DENNEY: In reply to a request by counsel for the defendant Rendulic, I would like to hand his counsel a copy of "Recht der Landkriegsfuehrung", and in that the prosecution is signed out with this book from the library, I would appreciate it if counsel would make such use of it as he needs and return it within one week, lest we be fined.
Mr. Fenstermacher has made available to counsel for the defense, an additional list of 54 documents which are in the document room, under a memorandum of 4 August. I now hand to Dr. Laternser a large stack of material which I have not counted, and which comprises the balance of the documents which the prosecution has in Nuernberg. These documents have never been translated, and I am giving him the original photostatic copies. He may have them for as long as he wants; however, I would certainly appreciate it if he could have them returned to us ultimately.
In addition, here is one more, and Mr. Fenstermacher's memorandum covering the deliveries.
THE PRESIDENT: To what exhibit and what matter do these documents refer, Mr. Denney?
MR. DENNEY: They are documents, if Your Honors, please, which were sent to us from Washington in connection with our request throughout the case that any material having any bearing whatsoever on this matter be forwarded to Nurnberg. This material has been sent under that directive. We have felt that it is not such material as has sufficient bearing on the case to warrant its presentation to the Court; however, in line with our discussion with Your Honors, and defense counsel of last week, we are delivering all of the documents to Dr. Laternser for his examination.
These copies which have been physically handed to him today, together with the various lists which have been made available to him from the document room, comprise all of the documents which we have here except those which are being held for cross examination and except those which are in the document books.
I now hand Your Honors three copies of an addendum to Document Book 3, 24 copies for defense counsel, two copies for Major Hatfield, one for the interpreters and one for the reporters. This is an addition to 113-A, which appears at the close of document book 3 and concerns Exhibit 100-B in its various parts. It should be marked page 173 and inserted at the end of Document Book 3.
I now hand Your Honors three copies and 24 for defense counsel of another paper which I shall identify in a moment. Two copies for Major Hatfield, and one for the court reporters and interpreters. This should be marked Exhibit 319-A, and placed at the conclusion of Document Book 12. The pagination is 166 and 167. Two copies for Major Hatfield and one for the court reporters and interpreters. This should be marked Exhibit 336-A for identification and given pages 143 and 144, and placed at the conclusion of Document Book 13. This last copy which has been handed to Your Honors, defense counsel, the interpreters, the reporters, and Major Hatfield, should be marked 363-A, pages 144 and 145 of Document Book 14. And copies for the court, the defense counsel, the interpreters, reporters and Major Hatfield have been given as the last insert which is Exhibit 373-A page 79 of Document Book 15.
At this time I am advised by counsel for the defense that the defendant Dehner is no longer represented by counsel, and requests that an adjournment until 1:30 be granted in order that an effort maybe made by Dr. Laternser on behalf of the defendant Dehner to obtain counsel for him, and it is my understanding that if defense counsel are unable to obtain someone at that time a further adjournment until tomorrow morning may be requested. However, they hope to work something out between now and 1:30.
THE PRESIDENT: The request and application made by Mr. Denney will be granted. The Tribunal respectfully asks Dr. Laternser to make his contacts and to make every effort to have a representative of the defendant Dehner here at 1:30.
The Tribunal will now stand in recess until 1:30.
(Thereupon at 10:05 a.m., a recess was taken until 1:30 p.m.)
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Tribunal is again in session.
THE PRESIDENT: Are there any matters that you desire to present to the Court or to the Tribunal at this time?
MR. DENNEY: May it please Your Honors, Dr. Laternser, on behalf of the Defendant Dehner who is absent, has advised me that he has tentatively secured a counsel for the Defendant Dehner and that this afternoon they are conferring in an effort to determine whether the counsel is satisfactory to the defendant and whether the counsel can undertake the case. And I have been advised by a member of the Defense Information Center that the proposed counsel is satisfactory to them; and with that in mind, in view of the absence of the Defendant Dehner, defense counsel have asked me to request that we adjourn until 9:30 tomorrow morning. The Prosecution has no objection in order to enable the Defendant Dehner to secure counsel, and it is so requested by the Prosecution.
THE PRESIDENT: Does Dr. Laternser care to make any statement at this time in connection with this matter?
DR. LATERNSER: Your Honor, what Mr. Denney said just now is quite correct. I assume that the question of the defense counsel for General Dehner can be decided this afternoon. Since General Dehner himself is not present now, I, in his name, ask for an adjournment.
THE PRESIDENT: Will Mr. Denney or Dr. Laternser advise the Tribunal during the afternoon as to what they may learn as to the developments?
MR. DENNEY: I certainly will, if I hear anything, Your Honor.
THE PRESIDENT: Now, in connection with the motion which is made on behalf of the defendants for the sending of representatives of defense counsel to Washington and the resistance thereto, which was presented to the Tribunal during the morning, may I make an inquiry as to whether or not the documents that you turned over to Dr. Laternser this morning bear upon that question? I am directing my inquiry to Mr. Denney.
MR. DENNEY: Yes, Your Honor, they are the balance of the documents which we had here. We never had them translated, and there, as Your Honors saw this morning, quite a substantial pile of them.
THE PRESIDENT: And does the record show what they are---the number and the amount of them?
MR. DENNEY: The record, I believe, does not show the number, Your Honor. The communication which was handed to Dr. Laternser from Mr. Fenstermacher by me lists the documents, and other than a statement that there are a large number of documents, the record does not show what they are either by document, name or number or pagination.
THE PRESIDENT: And it's stated in the resistance, on behalf of the exception of some few that you may be withholding for purposes of the Prosecution for cross examination.
MR. DENNEY: Your Honor, they are all that are here in Nurnberg and all of which we have been advised from Washington; and of course they do not include the balance of the document books. We are on No. 16 now --say six document books plus a book for the Norwegian, which is seven; and there may be one more of the general documents that are being processed now.
THE PRESIDENT: I am making these inquiries for purposes of the record and also for the information of the Tribunal.
MR. DENNEY: I might say that the answering papers were served on the defendants--that is, given to defense counsel--eleven copies just before this afternoon's session. I left some in Your Honors' office during the luncheon period, and copies were served on the Secretary General's office during the noon hour.
THE PRESIDENT: I think that answers the inquiries that I have in mind unless other members of the Tribunal have some statement to make. The application and motion for adjournment until 9:30 tomorrow morning, will be granted. This Tribunal will stand in adjournment then until 9:30 tomorrow morning.
THE MARSHAL: The Tribunal will be in recess until 9:30 tomorrow morning.
(The Tribunal adjourned at 1340, to resume session Wednesday, 6 August 1947, at 0930.)
Official Transcript of the American Military of Tribunal in the matter of the United States of America, against Wilhelm List, et al, defendants, sitting at Nurnberg, Germany, on 6 August 1947, 0930-1630, Justice Burke presiding.
THE MARSHAL: Persons in the court room will please find their seats.
The Honorable, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the court.
JUDGE WENNERSTRUM: The Tribunal will ascertain whether all the defendants are present in the court room May it please your Honors, all defendants are present in the court room.
The persons in the court room will be seated.
JUDGE WENNERSTRUM: Judge George Burke will preside at today's session of the Tribunal.
PRESIDING JUDGE BURKE: You may proceed, Mr. Denney.
MR. DENNEY: May it please your Honors, I have received a notice from Dr. Mueller-Torgow asking for the balance of Exhibit 336, which, if your Honors recall, is Document NOKW 293 and concerned the German occupation of Croatia. I now hand Dr. Torgow the balance of the exhibit and the court can see that it is about 250 pages. The matters which arc covered are the Italian occupation, the occupation of Finland, the occupation of Rumania, the occupation of Hungary, and some other allied matters. I would like to get this document back from Dr. Mueller-Torgow when it has served its purpose
PRESIDING JUDGE BURKE: Is counsel for defendant Dehner present today?
MR. DENNEY: May it please your Honors, Dr. Laternser yesterday was able to arrange for Dr. Gawlick to represent the defendant Dehner and it is my understanding that although, at least a formal notice to that effect has not been served on the Prosecution, and I don't know about the Tribunal, that Dr. Gawlick is agreeable to representing the defendant Dehner and the Defendant Dehner is agreeable to having Dr. Gawlick represent him.
Perhaps Dr. Gawlick would like to make a statement for the record to that effect in order that your Honors can be informed from him.
PRESIDING JUDGE BURKE: If he cares to do so I'm sure the Tribunal will be glad to hear him.
DR. GAWLICK: (Attorney for the defendant Dehner) Your Honors, if the Tribunal agrees I have taken over the defense of the defendant Dehner. Of course it is extremely difficult for me to intervene in the process at this moment. I had refrained, so far, from asking for a postponement. However, I might have to ask for adjournment when the proper time arises. In the event that it is not possible for me to get the necessary evidence, when the turn for my case comes.
PRESIDING JUDGE BURKE: I think the Tribunal is mindful of the difficulties involved in your coming into the case at this time and we will try to suit the situation to the convenience of your client and yourself.
MR. DENNEY: It is believed that Dr, Gawlick will be able to obtain all of the document books which the former advocate for the defendant Dehner had and I might say for the record that yesterday afternoon Dr. Gawlick came to the prosecution office and we made available to him for a cursory examination all of the documents which will be submitted today concerning his client. The other documents, of course, are in the record and if we can be of any help
COURT V CASE VII
to him by spending time out of court over these documents we will be very glad to do it.
PRESIDING JUDGE BURKE: I am sure the members of the Tribunal will appreciate any cooperation and assistance and help you may be able to furnish so as to prevent unnecessary delay.
MR. DENNEY: We proceed now to Document Book XVI. We still are in the period late '43 and early '44. The establishment of Army Group F has already been detailed At this time the defendant Weichs is still the Commanding General of Army Group F; his chief of staff is the defendant Foertsch. Army Group E was under the command of General Loehr; Military Commander in Serbia was General Felber and his chief of staff was the defendant Geitner; under Army Group E there is the 18th Corps commanded by the defendant Felmy, the 22nd corps commanded by the defendant Lanz, and on the other side, the 2nd Panzer Army under the defendant Rendulic, and under the XVth Mountain Corps and the 21st Mountain Corps, each of which were commanded at different times by the defendant Leyser, and the 69th Mountain Corps which was commanded by the defendant Dehner.
On page 1 of the English and 1 of the German is Document NOKW 648. Major Hatfield, is this Exhibit 374? Thank you, which the Prosecution offers as Exhibit 374. This is extracts from the war diary of the 69th Corps and at one page in the diary there is a signature of the defendant Dehner, on page 5 of the original, - I shall point it out to the Court as we pass it and hand the document up momentarily. The first entry is for the 23 September 1943. It speaks of "strong enemy forces in Ivan Zabno and Eastward from there approximately 4,000 men armed with guns, light machine guns and trench mortars.
On the basis of the order of the Commander in Chief of the 2nd Panzer Army - No. 38/43 secret dated 15 September" - and it is submitted that is the order which is Exhibit No. 340 which is in Document Book XVI, at page 15 of that document book. That, if your Honors will recall, is the order of the defendant Rendulic which sets up the 50 to 1 ratio for a German killed and 25 to 1 for a German wounded and goes into some detail with reference to retaliatory measures.
-"the corps headquarters, pursuant to this order, issues an inclusive order pertaining to, 1) Propaganda to induce desertion, 2) Taking of hostages, 3) Evacuation and installation of work camps, 4) Reprisal measures. See enclosure."