MR. DENNEY: If it please Your Honors, just before luncheon we were discussing the reprisal measures, the first of which was in Belgrade, with reference to the concentration Sabac in Belgrade, then the one with reference to Kraljevo, and the one with reference to Yaljevo, and then the one with reference to Kragujevac. Those towns all appear on maps A and B in the pamphlet which was submitted to the Tribunal as was the town of Topolje, which was mentioned in the earliest incident, and the town of Obrenevac is to the left of Belgrade on the small dotted line just east of the town of Skela.
Continuing now with the Document NOKW 906, which is on page 24 in the German and page 29 in the English, it is offered as Exhibit 86. This, again, is a captured document with no signature on it. However, on the original there appears the rubber stamp of "704th Infantry Division" with the date 31 October 1941 on it.
If Your Honors will look at the original--
Will the Secretary General kindly hand the original photostat to the Court--
At the top of the document--
THE PRESIDENT: May I inquire, Mr. Denney, which page on the English document?
MR. DENNEY: 29, Your Honor, Document Book 3. Does Your Honor have it?
THE PRESIDENT: Yes.
MR. DENNEY: Thank you, sir.
On the photostat of the copy which we have the date at the upper right hand corner, which is typed, is 28 September 1941. It is submitted that that is obviously an error, because the first of the stamps of the 704th Infantry Division which recites 31 October, the lower stamp which is also a 704th Infantry Division stamp, which recites 1 November, and the contents of the letter itself, Your Honors can see in the first paragraph, the second paragraph, the first line of the German, that it recites the date 27/10/1941, and obviously a report could not be made on 28 Sept 1941 of events which occurred on the 27th of October 1941, and the reference which has been made at prior times to the affixation of these stamps of higher headquarters shows that it is a short time, normally, between the date of the writing and the date of the stamping by the superior unit, and in this connection, too, the Court's attention is directed to the fact that this is a report from regiment to division and normally the proximity of regimental command posts to division command posts is much closer than that, say, between the Plenipotentiary Commanding General in Serbia and the Armed Forces Commander Southeast.
The reference here is the Commanding General Plenipotentiary in Serbia.
No. 3001 41, which Your Honors will recall was Exhibit 84, Document NOKW 560, which is a telegram from the defendant Boehme of 19 October, and that is submitted as a further reason that the date 28 September is improper, because on the 28th of September they could not have had a diary reference to 3001 41, which did not come from the headquarters of General Boehme until 19 October 1941, and the subject which is recited here is reprisal measures which, of course, is the subject that was under discussion in the Boehme order signed by his chief of staff 3001/41, dated 19 October. The contents of this report:
"Subject: Reprisal Measures.
"Pursuant to the above reference 2200 arrested Serbs are being shot to death for ten German soldiers killed in action and 24 wounded." And then they again recite, "(members of the unit encircled in Valjevo)".
"The execution is to be carried out by Guard Regiment Belgrade and 1600 arrestees."
The first 1600, if Your Honors recall, is also apparent in the war diary of the 65th Corps, NOKW 1362, which is Exhibit 85 in evidence, at page 24 of the English and page 21 of the German.
Then there is a recital of an order from Boehme with reference to retaliation measures. The figure "1600" is given from Valjevo to be shot by the 734th Infantry Regiment, the unit which is here recording, in return for 16 killed and 24 wounded, the only difference being that in the regimental report to division the number given as killed is 10, whereas in the report of the corps, of the order from its superior commander, passed on to its lower regiment, or its lower echelon, in this case division, who would in turn pass it to the 734th Regiment, the figure for killed is "16".
Then this report contains a further reference to executions:
"The regiment reports that 101 men of the arrestees were shot to death on 27 October 1941. Further executions by shooting will be carried out after more arrestees have been turned in. Reports thereon by the regiment will be reported in each case."
And it is submitted that the data at the top should be 28, but the month should be October instead of September.
Turning to page 25 in the German and page 31 in the English, Document NOKW-90, which is offered as Exhibit 87 in evidence, this is a report from the 724th Infantry Regiment to the 704th Infantry Division, the 724th being one of the other regiments in the division. The report which we have just seen, Exhibit 86, is a report from the 730th Infantry Regiment. This is dated 31 October 1941 and is from -- or rather the 724th Infantry Regiment to the division. The covering page bears the signature, illegible, of a captain and a regimental adjutant. It is stamped received by the 704th Infantry Division, 1 November 1941, and this covering letter states:
"Enclosed please find commitment report of the 1st Battalion of the 724th Infantry Regiment for the period 17 October to 25 October 1941."
And on page 25 of the German, page 32 of the English, still on Exhibit 87 in evidence on the 18th of October the 724th reports to its division that some railroad lines had been blasted and some track had been removed and thrown down the embankment and that 66 Communists and Jews who were contained in lists were arrested in the evening and sent to the captured material depot. Then it states:
Pursuant to order by the Division, the 9 dead and 6 wounded of the III Battalion of Infantry Regiment 749 must be avenged. Consequently, the capture and shooting to death of the corresponding number of the male population will be carried out during the period from 19 October to 21 October.
19 Octo. 41, they recite, the 1st Battalion of the 724th Infanttry Regiment carries out the operation in Grosnica with the 3rd Company and 50 men are shot to death and the villages burned down. Ammunition was found in several places including the church steeple. III Battalion of the 739th has shot to death 182 men in Mackovac. Oct. 20, 1941.
About 3,200 men aged 16 to 50 from Kragujevac are being arrested This is page 26 in the German. In the evening the Communists and Jews arrested on 18 Oct. and 53 penal prisoners from the local prison of Kragujevac were shot to death behind the captured material depot.
And, if your Honors please, it is submitted that the Communists and Jews referred to are those who are recited in the entry of 18 October, the 66 in addition to the 53 penal prisoners.
The next page has the recital for 21 Oct. 41, 0700 hours in the morning, the selection and shooting to death of the arrestees starts. This concludes the operation. A total of 2,300 Serbs of various ages and professions have been shot to death. The next few days of course showed greatest unrest in the population. Consequently security measures are being carried out.
(Signature) Koening Major and Battalion Commander, of the 274th Infantry Regiment, which in turn, is part of the 704th Infantry Div.
THE PRESIDENT: Pardon me, Mr. Denney, the rain is coming in the windows on the defendants. Will you kindly call the attention of the counsel so they may be closed. They don't need to be closed until you find it necessary, They don't need to close them unless they want to.
MR. DENNEY: Now the next document is Nokw 557 which is Exhibit 88. It is at page 27 of the German document Book and page 34 in the English. This is a signed original and is an order from Plenipotentiary Commanding General in Serbia Boehme dated 10 October 1941 and it has as its number 2848/41. Now in the subject it is to be noted that it speaks of "Putting down Communist insurgent movement. Supplements of the Plenipotentiary Command General in Serbie to 'The Chief of OKW, etc.' No. 00 2060/41 top secret of 16 September 1941" in which the 50 and 100 to one, actually it says, 100 Communists must be in general deemed appropriate retaliation for the life of a German soldier. This is a supplement to that order by Boehme.
1) In Serbia it is necessary, on the basis of the "Balkan mentality" and the great expansion .of insurgent movements both Communists and camouflaged as national to carry out the orders of the OKW in the most severe form. Speedy and ruthless suppression of the Serbian resistance is to consideration not to be underestimated for the German final victory.
2) In all commands in Serbia all Communists, male residents suspicious as such, all Jews, a certain number of nationalistic and demoratically inclined residents are to be arrested as hostages, by means of sudden actions. It is to be explained to these hostages and to the population that the hostages will be shot in case of attacks on Germans or on Volksdeutsche.
LXVth Corps and the Chief of the Mil Adm. (for Belgrade and Banat) are to report on the 10th, 20th and last of each month (for the time, on the 20th Oct.) the number of hostages. Turning to page 38 in the German and continuing on page 34 in the English:
3) If losses of German soldiers or Volksdeutsche occur, the territorial competent commanders up to the regiment commanders are to decree the shooting of arrestees according to the following quotas:
(a) For each killed or wounded German soldier or Volksdeutsche (men, women, or children) one hundred prisoners or hostages.
(b) For each wounded German soldier or Volksdeutsche 50 prisoners or hostages.
The shootings are to be carried out by the troops.
If possible, the execution is to be carried out by the part of the snit suffering the loss.
In each individual case of losses a statement is to be made in the daily reports, whether and to what extent the reprisal measure is carried out or when this will be finished.
4) In the burying of those shot, care is to be taken that no Serbian memorials arise, Placing of crosses on the graves, decorations, etc.
is to be prevented. Burials are accordingly to be carried out best in distand localities.
5) The Communists captured by the troops in combat actions are to be hanged or shot as a matter of principle at the location in question as a frightening measure.
6) Localities which have to be taken in combat, are to be burned down, as well as farms from which troops were shot at.
(sgd.) Boehme Lt. Gen.
Inf. PM Distribution:
Cmdr. of Serbia/HQs. Staff 2 Cmdr.
of Serbia/Mil. adm. 2 Cmdr.
of Serbia/for Administrative sub-area HQs 4 LXVth Corps at the same time for Divs.
342nd Inf. Div. 2 425th Inf.
Regt. 1 And I need not list the rest except at the bottom:
For Wermacht Cmdr. SD 1, Defendant List Germ.
Gen. in Zagreb 1 Reserve 2 This document is out of order in the book and I would like to call the attention of Your Honors to its date:
10 October 1941the day between the first report we have of the killing with reference to the Sabac and Belgrad reference but clearly before the Valjevo, Kracjevo, and Krayujevac.
MR. DENNEY: Turning now to page 30 in the German, page 37 in the English -
DR. DEUTSCHE (Counsel for defendant Foertsch): I think when naming the quota, the ratio, for reprisal, there is an error in translation. The German document which I have before me, page 28 of the German document book, under 3A, it is written, "for every killed or murdered German soldier or Volksdeutsche there are 100 prisoner hostages to be shot." However, when the English text was being read I understood, "for every killed or wounded soldier the corresponding number of hostages or prisoners is to be shot."
JUDGE BURKE: I think the error came about from your using the word "wounded" in place of "murdered". The English volume is correct. The word "murdered" on the bottom of page 34 of the English translation in the last line.
THE PRESIDENT: Apparently, Mr. Denney misread the word. It was caught by the Court but we did not call your attention to it. It is fortunate that counsel did.
MR. DENNEY: I am sorry, Your Honor. The paragraph "a", the first line under "3" of NOKW-557, Exhibit 88 in evidence, should read: "for each killed or murdered German soldier or Volksdeutsche, men women or children, 100 prisoners or hostages." Thank you.
This next document 1208 which is page 30 in the German text and page 37 in the English is offered as Exhibit 89 in evidence and is a report to the 342nd Infantry Division -- or, rather, an order to the 342nd Infantry Division -- from the Plenipotentiary Commanding General in Serbia, dated 12 October 1941.
The first paragraph concerns itself with mopping up operations and gives the division orders to be at the southeastern slope of the Cer Mountains on the evening of the 15th of October.
The second paragraph says that: "concurrent with the mopping up of the mountains two reinforced battalions will advance by surprise without vehicles in the direction of Krupanj from Krivajica across elevation 450 to elevation 543 north of Krupanj, and from Mojkovic on the south ridge of the Likodra to elevation 432 southeast of Krupanj.
Krupanj is to be surrounded, everything met there will be shot, the village is to be burned down."
Then follows page 32 in the German and page 39 in the English, Document NOKW-454 which is offered as Exhibit 90 in evidence. This is a report from the High Command, the 65th Corps of General Bader to the Plenipotentiary Commanding General in Serbia, Boehme, dated the 12th of October, 1941, and recites activities of various so-called pursuit detachments for the period beginning in mid-August and continuing to the 5th of October.
This if offered. I won't attempt to read it but by looking at Your Honors can see the way the German forces were operating their units. They were split. It is submitted because they didn't have enough troops and you can see various battalion designations, pursuit detachments, artillery detachments, companies of infantry, motorized columns, pioneer -- excuse me -- engineer units, small tank detachments, artillery platoons; and the character of the opposition which they were meeting is set forth in the columns concerning operations; and the results of the various acts are listed in the last column.
I don't believe any more need be said about the document.
Turning now to page 40 of the German text, page 49 of the English document NOKW-1154, which is offered as Exhibit 91, this is a signed order by the Commanding General of the 342nd Infantry Division, one of the units which was part of the 18th Corps which was under Boehme. The order is dated 13 October 41 and is entitled: "Orders for the Division for the 14 and 15 October. Then it recites the "General Remarks" which I don't think are necessary to read but the "Instructions for Combat":
"All uniformed persons, furthermore all civilians in the intermediate area who may also be considered Insurgents, are to be shot to death. The male population of the villages is to be deported via Lesnica or Varna to Sabac. The villages south of the Cer mountain range are to be burned down as a reprisal measure. Of the villages north of the Cer mountain range, only Bela Reka and for the time being Petkovica are to spared.
For the rest the combat instructions issued by the Division are valid."
And then the note at the end, just before Major General Hingofer's signature: "Persons found without identification papers are to be removed to the concentration camp in Sabac."
Now, turning to page 41 in the German and 51 in the English, there is a teletype order from the 65th Corps to the 715th and 718th Infantry Divisions as well as to the 704th Infantry Division and I don't think we need to concern ourselves with the smaller unit numbers which appear.
The teletype is dated 12th of October and I believe there is an error on the German copy. It should be "12 October" on page 41 just after the word "Teletype" up at the top. I believe the date is wrong on the German translation.
"IN THE FUTURE ONE HUNDRED PRISONERS OR HOSTAGES ARE TO BE SHOT FOR EVERY SOLDIER KILLED OR MURDERED. FIFTY FOR EVERY WOUNDED. IN ADDITION TO THIS AS MANY COMMUNISTS NATIONALISTS DEMOCRATS AND JEWS ARE TO BE ARRESTED IN EACH LOCALITY AS CAN BE GUARDED WITHOUT CURTAILING THE COMBAT FORCES. REASON TO BE PUBLICLY ANNOUNCED TO THE ARRESTED AND THEIR FAMILIES EXECUTIONS AND ARRESTS TO BE PUBLISHED IN NEWSPAPERS." SIGNED 'CORPS' Signed by "IA of the 65th Corps."
This document is dated the 12th and can be compared with the contents of the Boehme order of the 10th, two days before. That the order got down to Division is clear from the fact that the 718th Infantry Division stamped it as being received on 13 October. In addition, there is also language which is reminiscent of the Keitel order of 28 September 1941 which is on page 138 in Document Book II, Exhibit 69 in evidence. Keitel mentions Communists, Democrats, Nationalists; he does not mention Jews in his order.
On Page 42 of the German, and Page 53 of the English, there is an order, NOK" which is offered as Exhibit 93. This is a signed Boehma order, and was sent to the units of the 65th Corps, 342nd Division, the 125th Infantry Regiment, and other headquarters and officers. The subject is, "The arrest of relatives of Franc-Tireurs" "In the course of the arresting of hostages, it is necessary to seize especially the relatives of the Franc-Tireurs.
Thereby, the liaison of the relatives to the Franc-Tireurs which is exploited many times for transmitting information is prevented.
The levying of these hostages includes the mail relatives aged 15 and over, and the wives of the Franc-Tireurs. Those relatives are to be accommodated in the concentration camps. In case of German losses, the male relatives are to be shot according to the provisions of the order of the Plenipotentiary Commanding General of Serbia No. 284811.
And that, if your Honors please, is the Boehma order of 10 October 1941, Exhibit 88 in evidence.
Subject: Arrest of relatives of Franc-Tireurs SECRET In the course of the arresting of hostages, it is necessary to seize especially the relatives of the Franc-Tireurs.
Thereby, the liaison of the relatives to the Franc-Tireurs which is exploited many times for transmitting information is prevented.
The levying of these hostages includes the male relatives aged 15 and over and the wives of the Franc-Tireurs. These relatives are to be accommodated in the concentration camps. In case of German losses, the male relatives are to be shot according to the provisions of the order "Plenipotentiary Commanding General 1 in Serbia No. 2848/41. Secret of 10 October 1941. "In garrisons, the senior members are responsible for the arrest; outside of these, the leaders in combat actions.
It may be of value to make use of Serbian offices which have already worked together with us up to now. This must nevertheless take place in such a manner that a warning of those concerned is out of the question.
Evidence from the card index of names of the SD special purposes unit provided the first clue. The LXVth corps is to place itself in direct liaison with the special purpose unit of the SD for this purpose. The 342nd Inf. Div. and the 125 Inf. Reg. are to receive evidence through the Plenipotentiary Commanding General in Serbia. It is important that this evidence be handed to the unit in good time in connection with the cleaning-up operations.
Details of these families, from which men have gone "into the forest" are to be forced from the population especially from these senior in the locality." I would just like to draw the Court's attention to the fact that the co-operation between the LXV Corps and the SD and the other units is quoted here by Boehem. (pencilled notes) Pn (Signed) by Gen.
Goenme General of Infantry Distribution:
Hqs. Staff Administrative Staff Special Purpose Unit, SD
LXV Corps 342nd Inf.
Division 125 Inf.
Regiment 17729/13 Ia Qu XVIII Inf.
corps To the 113th Infantry Regiment on 1 November 200 x 200 CERTIFICATE OF TRANSLATION 5 March 1947 I, Mary E. Carter, 2120728, Warrant Officer, WAAF, hereby certify that I am thoroughly conversant with the English and German languages, and that the above is a true and correct translation of the document No. NOKW-225.Mary E. Carter, 2120728 Warrant Officer, WAAF.
On page 43 of the German text, page 55, of the English text, we have Document W 1070, which is offered as Exhibit 94, in evidence. This is orders from the 342nd Infantry Division to lower units of the Division.
The orders are signed by General Hinghofer, the major general who commanded the Division. It is dated 13 October 1941. The first order is a radio message to the 698th Infantry Regiment.
"Shoot civilian prisoners as reprisal for German losses with indication of the reason".
and from the asterisks below, apparently it was on a radio message form, given over the telephone at 10:30 o'clock.
The next is a Division order for an action dated 13 October 1941, and recites a surprise attack against German troops in Krupanj by insurgents a few weeks before, and states that "the Division has the task of avenging this assault with all severity."
Then it recites the units which will be involved in the small task force which is going out to do this, and then gives the marching orders, and paragraph 3, the first sub-paragraph (a), being directions to the regiment, and paragraph (b) the only important part is the last two lines.
It say, at the bottom of page 43 of the German.
"All soldiers and civilians encountered on the way are to be shot".
Paragraph (f) appears at the top of page 44, in the German text "The village of Krupanj is to be surrounded, all men found there are to be shot, the village is to be burned.
German prisoners there are to be liberated."
I would just like to point out the fact that these people were taking prisoners, and apparently the Germans had reason to believe that they were alive, because they ordered their liberation.
The 5th paragraph is not important.
It is signed, "Hinghofer".
On the 15th of October to the 698th regiment, a communication from the 1 section, 342nd Infantry Division, "all taken prisoners are to be shot on the spot together with a repeated notification of the proclamation. The remaining population is to be gathered around during the action as far as possible."
Then a communication to the Infantry Regiment, 699, again from the 1 section, 342th Division 15 October 1941:
"All those captured in the Church at Prnjavor are to be shot, making the proclamation known beforehand. If possible, the rest of the population is to be gathered around during "this action."
Then we have a recital on 24th October with reference to Valjevo, "For a long time Valjevo has been threatened by the Communists and is partly surrounded. Exact position of the enemy is not known. German troops are in Valjevo."
Then, paragraph 4, orders to subordinate units. An Engineer Detachment, and we small combat groups to move on Valjevo on the 23 October 1941, and then artillery and armor instructions in paragraph 5: The advance detachment will march tomorrow without any vehicles at the spearhead of Group 698 to Biljeg (322). There it turns towards Southeast.
.........
(page 8 of original)
4) Continuation of march
a.) Group 698th Engineer Detachment, Groups 699 and 697 continue tomorrow their march on Valjevo as on 23 October 1941. Vehicles and escort troops on the route itself. Escort troops as on 23 October 1941 on the bordering heights on both sides of the route and in the vehicle convoys.
It is important tomorrow to show lively fighting activity. Valjevo itself and the localities nearby, up to 4 km from the edge of the town are to be spared from fire. All other places, especially near roads, are to be submitted to harassing Artillery fire if there are no definite enemy targets.
(page 9 of original)
In and near Valjevo no destructions:
a) The area outside of the 4 km Zone around Valjevo must be denied the enemy for use as quarters and supply area.
All village along the route of advance and in the area to be attacked are to be burned accordingly. The inhabitants will be spared in as far as they are not participants in the fighting, hide arms, or aid the enemy. It is signed, "Hinghofer".
Then comes, on page 46 of the German, page 61 of the English, Document NOKW 1205, Exhibit 95, in evidence, which is an order of General Ainghofer, or a communication from General Hinghofer to the commander of the 342nd Infantry Division, which is under Boehma, which he sends to his chief, as Plenipotentiary Commanding General, and the receipt stamp is for the 18 Corps Headquarters on 16 October.
The report states:
During the mopping up of insurgents - mainly Communists - in the Macva area by the division the male population between 14 and 70 years was brought into a concentration camp as ordered. By this measure the rear of the advancing forces was kept open and thereby their advance was materially facilitated.
In the majority the insurgents wear farmer's clothing. When they lay down their arms they an in no way be distinguished from the village inhabitants. Insurgents remaining with the population could have appeared in the rear of the troops if evacuation had not been carried out - at least they could have interfered noticably with communications to the rear by surprise attacks. That, indeed, many insurgents stayed with the population is proved by the fact that 233 communists could immediately to taken out of the Concentration Camp in Sabac during the first days of the mopping up operation, who had been named as such and as participants in bandit fighting by their fellow prisoners; they were shot.
In the villages where mopping up operations had been completed the returning male population between 15 and 60 years which was not present during the mopping up operations was requested by means of the enclosed proclamation by the division to report at once to the Mayor's Office in their villages for disposal by the German Army. By this order it would have been possible to take care of the villages without difficulty with only a patrol service (page 2 of original) and to keep them free from insurgents who wish to return.
(handwritten: Because a large part of the population detained after police check) in Concentration Camps was released, the mopping up of the Cer Mountains became partly ineffective, because insurgents who had been forced out were able to mingle easily with the population, without being recognized, in the villages lying near the foot of the mountains to the Norht. In addition an effective control and supervision by the scanty units available for this purpose has been made extremely difficult.
As in evident from many reports, a number of insurgents not yet determined but certainly large, has returned again, partly armed, to their villages in the Macva. It is not be expected that the other villagers, who were assumed to have peaceful intentions and were therefore again released from the Concentration Camp will denounce them, not only on account of national motives but - and primarily - out of fear of the insurgents' revenge. To find now these bandits who have returned is a task the accomplishment of which demands a major exertion of forces; but even then it is doubtful whether this task can be accomplished satisfactorily without a renewed complete evacuation of the male population concerned.
It is to be assumed with certainty that the Insurgent Movement in the Macva has been materially eased by the release of many people from the Concentration Camp and will spring up again after the departure of the Division into another area of employment.
MR. DENNEY: On Page 49 of the German and page 64 of the English is Document No. NOKW-1411, which is offered as the Prosecution's Exhibit 96. This is a statement by a subordinate unit-, to the 342nd Infantry Division, which contains the report on the execution of two Communists who were denounced by a third man. I don't think we need to read page 49 of the German, which is page 64 of the English. The account on page 65 of the English, which is page 50 of the German, the subject is "operation to Glusci", dated 16 October 1941, and is a report from 1st Lieutenant in 342nd Artillery Regiment, to the 342nd Infantry Division. ("I left.....Proske") Proske In the Field, 16 October 1941.
1st Lieutenant in 342 Artillery Regiment Subject:
Operation to Glusci To the 342nd Infantry Division - Branch Ia "I left Sabac at 0330, arrived at Glusci at 0445.
Of the 4 Communists named in the enclosed Division Ic report Svetomir Olimpic and the barber Milovan were able to be surprised and arrested in their houses. They were shot dead on the spot. Both of them stated that they had been with the Communists in the Cer Plania for several weeks and having returned to Glusci only a few days ago. The barber Milovan further stated that he had thrown his rifle and ammunition in a brook about 6 kilometers from Glusci. He was unable to give the name of the brook. The 2 other Communists could not be found. Family and neighbors stated that they had not been home for three weeks. In addition they stated that these two had been with the Communists for a long time and that they would report immediately if the showed up.
Dragomir Brkic is alleged to be in the prison camp in Mitrovica. His leader is said to be the teacher who is still in the Cer Plania.
His name is unknown.
Returned at 0845 hours.
(signature)
Proske" And then on page 51 of the German, page 67 of the English, is a report from the Plenipotentiary Commanding General in Serbia, signed by Boehme, to the Wehrmacht Commander Southeast.
He has received a communication, which is 1561/41 top secret, which makes inquiry of Boehme. The subject is "hostages". This is dated 19 October 1941. In his reply to List he says, "To the order referred to above the following is reported", and, of course, he is referring to List's communication to him, "1.) With the Commanding General - Plenipotentiary in Serbia III/Chief Military Administration/ Qu No. 2848/41 secret dated 10.10. paragraph 2, the subordinate Hqs. authorities and troop units were ordered;" And then he sets out a portion of his order of 10 October, which has been received in evidence as Exhibit No. 88. He quotes only a short portion of the order, and, if Your Honors will recall, that order was also sent for information to the Wehrmacht Commander Southeast to Defendant List. This is nine days subsequent to the date of that order. Continuing with the quotation, "In all garrisons in Serbia, all communists, residents suspected of being communists, all Jews, a certain number of nationalists and democratic inhabitants are to be arrested as hostages by sudden operations. These hostages and the population are to be informed that in cases of attacks on German soldiers or Volksdeutsche, the hostages will be shot to death." And then he cites, "With the "Commanding General - Plenipotentiary in Serbia" Administrative Staff/Ic No. 9247/41 secret dated 14/10, it was further ordered that in order to stop the transmission of intelligence of the insurgents, the family members of the insurrectionists in particular are to be seized and this means the male relatives, as well as the wives of the insurgents.
However, for shootings to death only male relatives are to be considered.
3) For Belgrade, large scale arrests of leading personalities are in preparation. The names of leading personalities arrested and of reprisal measures carried out will be published by posters and dropping of leaflets."
MR. DENNEY: It is for the Commanding General Plenipotentiary in Serbia, and is signed by his Chief of Staff, Pemsel. And, of course, this being a reply, the distribution is substantially different from what we have seen on the other documents, which arr orders. In some cases the document, No. 88 for instance, where a copy was sent forward to the Defendant List for information, but here, of course, this went out to the Defendant List. On page 52 of the German and page 69 of the English, Document No. NOKW 191a, which is offered as Prosecution's Exhibit No. 98. Is that right, Major Hatfield?
MAJOR HATFIELD: Yes, it is.
MR. DENNEY: And was No. NOKW 197 marked Exhibit No. 97?
MAJOR HATFIELD: Yes, it was.
MR. DENNEY: Thank you. This is just a draft form. It is not signed but on the reference numbers appear the numbers 2848/41, and, if Your Honors recall, that is the number which is on the Boehme order of 10 October. And in addition the second paragraph, under Arabic numeral "2", which is on page 27 of the German Document Book III, page 34 of the English Document Book III, and is the first page of Exhibit 88, speaks of reports which are to be made on the 10th, 20th, and last of each month, with reference to the number of hostages. And this has the field numbers in the reference here and is just a blank form, apparently, which was made up, whether it was ever used or not. But it comes from Boehme's headquarters because it has the Commanding General Plenipotentiary in Serbia on the top of it and it is listed as a copy, and its subject is "Reprisal Measures". And it is obviously a form that can be sent out in order that actions may be reported back. It says, "Pursuant to the order for the suppression of tho Communist insurrection movement ......hostages will be shot for and then there follows "The execution is to be conducted by" and then it states Commander Serbia, Admin.
Staff, will provides hostages. The date and place of the execution, fetching and delivery of hostages as well as further details will be agreed upon directly between the troop units executing (reprisals) and Commander Serbia, Admin. Staff.
Reports of execution to be sent to the Commanding General Plenipotentiary in Serbia.
For the Commanding General - Plenipotentiary in Serbia The Chief of the General Staff".
MR. DENNEY: The next document appeals on page 53 of the German, page 71 of the English, and it is offered as Exhibit 99 in evidence. This again is a draft.
THE PRESIDENT: Did you give the number of the document?
MR. DENNEY: The document is No. NOKW 387, if Your Honors please, Exhibit No. 99.
THE PRESIDENT: Thank you.
MR. DENNEY: Thank you, Sir. I may not have stated it. This is, as I have stated, just a draft; however, there is a stamp on the top of it, and it's entitled, "Negotiations with Insurgents", and at the bottom, under Distribution, it says, "In the draft", and "Taken care of immediately."