"3) At the same time those parts of the Serbian population must now be won which have placed themselves on the side of the Serbian Government of Nedic, installed by the Reich. (See disposition of the Plenipotentiary Commanding General in Serbia /Ia No. 33446/41 Secret of 2 Nov 41.)
"4) The following directives are published for the Commit ment of the units and the conduct of the administrative offices:
a. As before, all insurgents who are taken in combat even if they desert, are to be shot as partisans. Negotiators who come from territories which combat actions take place or will happen soon are likewise to be shot.
The arrest and shooting of hostages is regulated by the order of the Plenipotentiary CG in Serbia/Chief of Mil. Admin./Qu No. 2848/41 secret of 10 Oct. 41 and No. 3208/41 of 25 Oct. 41.
b. Negotiators who do not offer the capitulation of small or large groups under the pressure of combat actions taking place or to take place, are to be told that the battle against insurgents will be continued with unabaited severity and only unconditional capitulation with surrender of all weapons will be accepted.
c. Unconditional surrender is to be carried out as follows: The insurgents are to lay down their weapons at a place determined by one of the troop commanders or the administrative subarea and/or district commandant and are to be brought together in a reception camp of the battalion, regiment or divisions.
They are to be examined there by the secret Field Gendarmerie SD, and Serbia auxiliary police. For this purpose, administrative orders in my mission proceed through tho Chief of the Mil. Admin.
d. The Divisions are to report in the daily reports, place of the reception camps and number of the prisoners.
5.) The exploitation of the signs of dissolution lies exclusively in the hands of the German Wehrmacht (Unit and Admin. Offices). Serbian auxiliary police may not accept offers of capitulation, but must obtain the decision of the German offices. The insurgents will, nevertheless, first of all approach the units of the Serbian auxiliary police with offers of capitulation. Through getting into close touch with them, it is to be guaranteed that the initiative remains unequivocally with the German offices.
It is understood that a crossing over of insurgents into the Serbian auxiliary police is to be prevented with all possible means.
Orders of this sort to the Serbian Government are issued through the Chief of the Mil. Admin. A copy of the order of the Prime Minister Neditsch to the branches of the Serbian Government is enclosed as a supplement.
6.) The larger number of the insurgents will attempt to strike through to their home localities unnoticed, in order to conceal themselves there. Such groups are to be arrested by the units or by the Serbian Auxiliary Police, if necessary with force of arms and are to be brought into reception camps.
The following is valid for the seizure of insurgents who succeed in escaping and reaching their home localities:
a. The administrative offices have received from the Chief of the Mil. Admin. an order to prepare exact reports and submit lists, from which the leaders of the bandits, members thereof, and all persons absent from the localities or returning there may be obtained. They are to note in addition the localities which have offered the bandits assistance.
b. In addition, frequent surprise raids are to be carried out by the unit in collaboration with the administrative offices. Because of their knowledge of the locality and population, it will often be practical to use the Serbian auxiliary police.
7.) In doubtful cases (above all when it is uncertain whether individual groups are to be regarded as "insurgents" or not) the decision of the plenipotentiary CG in Serbia is to be obtained."
MR. FENSTERMACHER: The document is signed "Boehme, Lt. Gen. Infantry", and the initials "PM" at the side are those of Boehme's Chief of Staff, General Pemsel. You will note the distribution of the Boehme order, "Down to battalion and district leaders." On page 29 of the English and page 22 of the German is Document NOKW-235-a, which is offered as Prosecution's Exhibit 141.
This is a letter of President Nedic in Serbia, sent to Serbia authorities regarding the treatment of Communists, saboterus, and their helpers. It is an enclosure to the Plenipotentiary Commanding General in Serbia.
"To all Serbian Authorities and Armed Units:
The visible successes of the Gendarmerie, the volunteer and Cetnik Detachments, the measures of the German troops; and the advancing season are no doubt the reasons that the communist bandit and activity and sabotage began to decrease and will decrease more and more. Therefore, numerous insurgents surrendered, yes, even entire groups surrendered to separate detachments and even went to join them. Tho possibility that the surrender of the insurgents was even recommended by the leading members of the bands and for reasons which were obvious cannot be eliminated, however, these elements are to be used for destructive and terrorist activities whenever the opportunity appears - and perhaps in a still worse way.
So it should not occur on account of an incomplete knowledge of the situation, misplaced sentimentality, or for any other reason that these guilty of the present woe of the people hide themselves and then reappear when the opportunity is favorable to act against the peace and order in order to endanger the lives and property of the unhappy citizens and their families.
I order:
1.) that all saboteurs, their instigators, helpers, Communist-reactionaries, their followers and in general all who have contributed by word and deed, actively or passively, to the present misery of the people, be punished in an exemplary and ruthless way and be compromised in every way:
2.) all chiefs of units, in close cooperation with the police authorities, are to examine every single place or surrender and turn over the guilty to the competent courts-martial. Those, however, who have committed no offense and/or were only seduced and betrayed or mobilized by force, will be proposed to me for pardoning, whereby detailed reasons must be given.
3.) no unit may take over deserters into their ranks. Those pardoned by me will receive information from me, whether and where they may join as volunteers.
4.) In those areas where no units and/or courts-martial exist, the District chief will act according to this order.
5.) Wherever possible and in cases where needed, the German local authorities in question will be notified of all decisions and events. Continuous cooperation with them is to be carried out.
6.) This order will be distributed by the: Deputy of the Minister of the Interior, the Gendarmerie Commander, the Commander of the Detachments of Volunteers, and the Chief of the Cetnik Staff to all District Chiefs and Commanders and/or all Leaders of the armed detachments in question with the remark that all must obey these orders closely and unconditionally.
Signed: The President of the Ministerial Council Signed:
Nedic Lt. General
MR. FENSTERMACHER: The Prosecution's next document is on page 31 of the English Document Book and on page 24 of the German. It is No. NOKW-801, which becomes Prosecution's Exhibit No. 142. This is an order of General Boehme, as Plenipotentiary Commanding General in Serbia, issued by the Chief of his Administrative Staff, Turner. Tho order is dated 3 November 1941, Subject, "Arrest of Hostages." The order is distributed to "All Sub-Area and District Administrative Headquarters."
"With reference to my order of 10 October 41, No. 2848/41 Secret, I order the immediate arrest of all Jews and Gypsies as hostages.
If the carrying-out of the order is not possible for technical reasons, a report is to be issued concerning it, giving exact details as to number and residence at the same time.
In addition, the approximate number of the wives and children of the Jews and Gypsies, together with residence, is to be furnished and their deportation to an assembly camp in the proximity of Belgrade is to be prepared.
Closing time for the report. 15 November 41 Signed Turner
MR. FENSTERMARCHER: I will call Your Honors' attention to the date on which this order was issued--3 November 1941. General Boehme was Plenipotentiary Commanding General in Serbia, subordinate to General Kuntze, as Commander in Chief, and his Chief of Staff was General Foertsch. Turning next to page 33 of the English, page 25 of the German Document No. NOKW-905, which becomes Prosecution's Exhibit No. 143. This is a report by the 734th Infantry Regiment, to its next higher headquarters, the 704th Infantry Division. The Division's receipt stamp appears in the right-hand portion of the document, and is 10 November 1941. The report itself from the Regiment is dated 4 November 1941, subject is "Reprisal Measures", and there is one enclosure: "The Regiment encloses the report of 1st Lt. Walther, 9th Company, 433rd Infantry Regiment, concerning the death of Jews and Gypsies on 27 and 30 m October 1941". On page 34 of the English and 25 of the German appears the report which the Regiment sent to the Division. The 704th Infantry Division, at this time, November 1941, was subordinate to General Walther, who was subordinate to General Boehme, who was subordinate to the Defendants Kuntze and Foertsch. It is a "Report concerning the shooting to death of Jews and Gypsies."
"By agreement with the SS Office, I picked up tho selected Jews and/ or Gypsies from the Prisoner camp Belgrade. The trucks of Administrative Sub-Area Headquarters 599 available to me for this purpose were impracticable for two reasons:
1. They have civilian drivers. Hence secrecy is not assured.
2. All of them were without cover or tarpaulins so that the population of the city saw whom we had put in the vehicles and where we went. Wives of the Jews had assembled in front of the camp who cried and screamed when we drove off.
The location where the shooting to death was carried out is very favorable. It is situated North of Pancevo immediately on the road of Pancevo - Jabuka where there is a grade high enough to make it difficult to climb. Opposite this grade is swampy terrain, behind it, a river. When the water is high as on 29 Oct. it almost comes up to the grade. Thus, an escape of the prisoners can be prevented with few troops. Also favorable is the sandy ground which facilitates digging of the ditches and consequently shortens the time of the labor.
After arrival, approximately 1 1/2 to 2 kilometers before the selected site, the prisoners got off, marched to the selected site while the trucks with their civilian drivers were sent back immediately in order to afford them as little grounds for suspiction as possible. Then, I had the blocked for all traffic for reasons of security and secrecy.
Place of execution was secured by three light machine guns and twelve rifle men:
1. Against attempts to escape by the prisoners.
2. To protect ourselves against possible attacks by Serbian bands.
The largest part of the time was consumed by the digging of the ditches while the execution by shooting itself (100 men in 40 minutes) went very rapidly.
Luggages and valuables had been collected previously and taken along in my truck in order to turn them over later to the National Socialist peoples' Welfare.
The shooting to death of Jews is simpler than that of the Gypsies. It must be admitted that the Jews accept death very calmly - they stand very quietly - while the Gypsies cry scream and move continuously when they are already on the spot where they are to be shot to death. Some of them even jumped into the ditch before the diring and attempted to act dead.
In the beginning, my soldiers were not impressed.
The second day, however, it had become noticeable that one or the other did not have the nerve to carry out shooting to death for a longer period of time. My personal impression" is that one does not develop any psychological inhibitions during the shooting to death.
However, these appear if one contemplates it quietly after a few days in the evening.
The regiment report is signed by Walther, 1st Lieutenant.
Major Hatfield, may I see the original exhibit, please? It is Exhibit 143. On the original exhibit, if your Honors please, is a map which shows the location of the burial place of Jews and gypsies which were reported shot by this 9th Company of the 233rd Infantry Regiment between the 27th and 30th of October, 1941. The site is near Belgrade on the road between the towns of Pancevo and Jabuka.
THE PRESIDENT: We will take our afternoon recess at this time.
(There was a short recess.)
DR. HINDEMITH: (Attorney for defendant Foertsch) To the presentation of the Prosecutor when he presented No. 140, 141 142 and 143, I'd like to point out the following:
The Prosecutor, when he made the connecting statement, pointed out not the measures concerned which various units executed; those were units which eventually, that is at the top, were subordinate to the defendants General Kuntze and General Foertsch and therefore the presentation of the prosecution is not a factual presentation but a legal argument. It contradicts, in my opinion, even the conception order Command that a person in plura can be designated as issuing the order as the person issuing the order, only one person can be represented and that is the person who in his own name signs the corresponding document. I believe it is sufficient to point out this fact and then later on it will be the task, especially in the pleas, to say more concerning this legal argument. At this point I only request to point out to the prosecutor that this respect he shows refrain from a legal argument at this stage of the proceeding.
JUDGE CARTER: At this time we will consider only the exhibits as they are offered in evidence. Any arguments that are casually made will be ignored by the Tribunal.
MR. FENSTERMACHER: If Your Honors please, turning next to 37 of the English, page 27 of the German, the document which you find there, NOKW 1219, has already been introduced into evidence as Exhibit 110, so I ask that you strike reference to it at this time from your books.
The document here appears as Exhibit 110 on page 37 of Document Book III, page 37 of the English and page 27 of the German in Document Book III. I beg your pardon, it appears in Document Book III at page 139A of the English and page 95A of the German, exhibit 110.
Turning now to page 38 of the English, page 28 of the German, Document NOKW 1358 which is offered as Prosecution Exhibit 144. This is a daily report from the III Battalion, 697th Regiment, dated 10 November 1941 to the Plenipotentiary Commanding General in Serbia.
"Parts of the Battalion combed the terrain between Sabac and Lesnics. 130 men shot as a reprisal measure Reconnaissance in the direction of Dobric and Kokesina."
Next, on page 39 of the English, page 29 of the German, NOKW 726which becomes Prosecution Exhibit 145. These are reports to the Commanding General Plenipotentiary in Serbia dated Belgrade, 11 November 1941. In the middle of the page, paragraph 2.b.
"Enemy situation: 10 November. Arrest and commitment into a concentration camp of 2 former Yugoslav officers and of 4 men in Belgrade because of suspicion of having connections with Mihailovic".
Next, under paragraph 3.b.
"Details of combat activity 5 November Skirmish between Bulgarian detachment and communist band near Palovo (13km. South Southeast Leskovac). Enemy losses: 3 bandits dead, 25 insurgents villagers shot to death."
Next on page 40 of the English, page 30 of the German, the report of the 18 of November 1941. Paragraph 3.b.
"12 to 13 November. During mopping-up operations in Zabrdje and Punkovo (29 km. Southeast Pozarevac) by detachments loyal to the government, 63 communists killed and 23 arrested. 12 of the latter were shot to death.
Losses of our own; 2 dead, 2 wounded."
Turning next to page 42 of the English, and page 31 of the German, Document NOKW 1052 which we offer as Prosecution Exhibit 146. The document is a series of reports from the 342nd Infantry Division to the Plenipotentiary Commanding General in Serbia. The first report is dated 11 November 1941.
Its subject: 10 days report from 31 October to 10 November, 1941.
"Divisional Combat Post: Valjevo:
"Own; 1 killed in combat, 9 wounded (2 officers.)
"Enemy losses: 53 killed in combat; 248 shot to death; 45 captured."
The report is signed Dr. Hinshofer, 342nd Division.
Next, on the same page, page 42 of the English, page 32 of the German, another report of the 342nd Infantry Division:
"Subject: Reports on shootings, arrests and reprisals."
Turning next to page 43 of the English and 32 of the German, the report reads: paragraph 1: "According to decree: Plenipotentiary General in Serbia III/Chief Military Administration/..." and the code number ... "Qu. No. 2848/41, Secret, of 10 October 1941 the troops are to shoot to death: a. For every killed or murdered German soldier or German National (men, women or children) 100 prisoners or hostages, b. for every wounded German soldier or German National 50 prisoners or hostages. In this number shootings of insurgents during combat actions may be included. Regimental and independent Battalion Detachments report according to enclosed form the total number of shootings, arrests, and reprisal measures as they are listed from the 5th, 15th and 25th inclusive to 7th, 17th, and 27th of every month. Reports of the various troops are to be presented by department 1b of the Divisional Staff. They will be submitted for the first time on 17 November 1941 covering the period beginning with their commitment until 15 November 1941 inclusive."
Next on page 44 of the English, page 33 of the German is a report of the 699 Infantry Regiment, dated 13 November 1941. I think we may pass over that report, but continue on page 44 of the English, which is page 34 of the German, with another report of the 342nd Infantry Division, dated the 30th of October 1941. The report, as the others, was sent to the Plenipotentiary Commanding General in Serbia, General Boehme. "According to Daily Repoet of 15 October for 15th to 29th October 1941, 10 dead," and then out to the right, "1,000". "39" wounded," and out to the right, "1,950". And at the top of that column is the figure "1900 shot to death." The total executions by shooting is the sum of the three figures, 1900, 1,000 and 1950.
"Executions by shooting to date 1600, remaining 3,250." If Your Honors please, the total 3,250 is derived by adding the first three figures, 1900 1000, and 1950, for a total of 4,850, and then subtracting the 1600 which have already been shot. The "Division begs for further instructions, as no prisoners are available at present."
Turning to the supplement which is on page 45 of the English and page 35 of the German. "Losses during the period from 31 October to 15 November '41: 1 dead, 100 shot to death, 5 wounded, 250." And the total 350. "Enemy losses: 73 dead, 129 shot to death." A total of 202; the figure 202 is subtracted from the figure 350 which is the figure which must be shot to death according to retaliation quota, and the balance left is 148. Then the line beginning "Losses for which reprisals have not yet been taken: 3398, "which is a total of the 148 and the balance carried forward of 3,250.
Continuing on page 45 of the English and page 36 of the German, the report of the 342nd Infantry Division of the 18th of November 1941. "Report according to status on 15 November inclusive on shootings, arrest of hostages, and reprisal measures, during the period from 21 September to 15 November 1941. Own losses: during the period covered by the report: 32 dead, 127 wounded. Losses during the period reported on for which reprisals have not been taken; None dead and none wounded. Paragraph 2. During the period covered by report there were shot to death: a. Insurgents during combat actions, 905; b. hostages as reprisal 2,685," and the total is 3,590.
Turning next to page 46 of the English and page 36 of the German. "Paragraph 3. Therefore total for which reprisals not yet taken: 5960. Remark: Further shootings not carried out as hostages were sent to concentration camp. Paragraph 4. Number of hostages at the beginning of report period, none; arrested during the report-period, 22,175; of these shot to death or sent to concentration camp, 21,875; therefore still remaining 300. During the period covered by report there were further..." then a blank... "shot to death...." then again a blank ... "As reprisal for losses of troop units not belonging to Division, none; by special orders 129."
Continuing with the report for the 18th of November 1941, on page 46 of the English and page 37 of the German. "Enemy Losses from 24 September to 15 November 1941." Your Honors will note the tabulation form in which the numbers enemy killed in combat, shot to death, and captured, are listed and the various totals given for the indicated periods. The totals also should be noted. 950 killed in combat, 2685 shot to death, 21875 captured. I believe in Your Honors' Document Books the figure captured for the report of 9 October is given as 1742. It should read 17,420.
The prosecution's next document is on page 48 of the English, page 38 of the German, Document NOKW-220, which becomes prosecution's exhibit 147. This document represents an exchange of correspondence between the Plenipotentiary Commanding General in Serbia and his subordinate units, the 342nd Infantry Division. The first communication is dated 12 December 1941: "The Camp Commandant of Sabac reports that during the execution of 131 prisoners by 3rd Battalion Infantry Regiment 697, 2 prisoners escaped of which one was said to be wounded, due to insufficient guards.
Both prisoners have not been recaptured to date. Since at that time the 342nd Division ordered the 3rd Battalion Infantry Regiment to carry out the execution notwithstanding the present immediate subordination of the Battalion to the Commanding General, Plenipotentiary in Serbia - the 342nd Division is charged with the immediate investigation and report."
Turning to page 49 of the English and page 39 in the German, is a communication dated 18 November 1941 from the 342nd Division to the Commanding General, Plenipotentiary in Serbia. "In answer to radio inquiry at 3rd Battalion Infantry Regiment 697. Executions took place two kilometers..." Apparently there should be a geographical notation in here... "of Sabac. During the bringing up of a group of 10 men, these broke away to all sides. 8 were shot, 2 men escaped. One of the latter was slightly wounded. A more thorough search of the terrain and further investigations remained without results. The Company Commander concerned received an admonition by his Battalion Commander. The leader of the execution detachment was punished by a reprimand."
Then on page 50 of the English and 40 of the German is a notation of the 9th of November. "Unit 3rd Battalion, 697th, picked up 131 prisoners, according to orders. 2 prisoners escaped during execution. I of them is said to be wounded. Neither one of them has been recaptured." and the notation at the bottom of the page: "Due to insufficient security measures by the unit."
We turn now to page 51 of the English and page 43 of the German Document Book, Document NOKW-237, which becomes prosecution Exhibit 148.
This document represents correspondence between the 697th Infantry Division and the Plenipotentiary Commanding General in Serbia. I think it will be helpful if we turn first to page 55 of the English, which is on page 41 of the German. This is a message from the Commander of the 3rd Battalion, 697 Regiment. It was sent on 13 of November and arrived at the Headquarters of the Commanding General, Plenipotentiary, in Serbia on the 13 of November. "The Battalion requests assigning another troop unit for shooting to death of 250 more hostages as reprisal measure, since the battalion at this time is committed and the distance to Sabac is too far. At the time the Battalion marched off, hostages in sufficient numbers were not yet available."
Then turning to page 54 of the English and 42 of the German, there is the communication from the Commanding General, Plenipotentiary, in Serbia to the 3rd Battalion Infantry Regiment 697th, dated the 14th of November 1941, and the reference is to the communication of the Regiment which we have just read, dated the 13th November 1941. "Subject; Reprisal measures. Information is requested why the 250 hostages are to be shot to death. Is it reprisal for losses of the Battalion or has the shooting to death been ordered by special order of the 342nd Infantry Division for the losses of other troop units?"
Then turning to page 53 of the English and page 44 of the German is the communication by the Battalion Regiment involved, dated the 19th of November. Again the communication is to the Commanding General, plenipotentiary, in Serbia. "Reference letter dated 14 November 1941 "which we have just seen... "referring to the 250 hostages to be shot to death in reprisal.
Regarding the 250 hostages to be shot to death, it concerns reprisal for the losses of the Battalion."
And now turning finally to 51 of the English and page 43 of the German is the report of the 3rd Battalion, 697th Regiment to the Commanding Plenipotentiary General in Serbia. The report was sent on the 18th of November '41, arriving at the higher headquarters on the same day. "In the mountain terrain southeast of Draginac near Terzici and Reginovac, 150 to 200 Communists in reinforced field positions concerned. According to statements by Chetniks heavy fighting between Chetniks and Communists in Ljubovija. Reportedly two to three thousand Communists. Chetniks unable to hold Ljubivija against them and asking for help particularly for ammunition. Arrival of a company in Koviljaca. Taking over of vital installations. Chetniks were disarmed and led to Sabac on 18 November. Despite greatest security measures, a reinforced reconnaissance unit, with combat strength was attacked by 150 Communists with 4 light machine guns and 1 heavy machine gun. This group of Communists came from the direction of Draganic, from the mountain terrain near Terzici and Rejinovac. Bitter hand to hand fighting occurred. Enemy losses: 15 dead. Losses of our own; 1 dead, 1 wounded (radio non-commissioned officer). Reinforced reconnaissance had to withdraw due to strong enemy superiority. One broadcasting apparatus and three bicycles were lost. The unit code was secured. A unit which immediately pursued with tanks could not save broadcasting apparatus and bicycles. Communists disappeared in stupid flight. Captured material: 57 rifles, 15 bayonets, 400 rounds of ammunition, replacement parts. Since no hostages are available at the Battalion, the Battalion asks that a unit in Sabac be assigned with the shooting of the 150 hostages.
As reprisal measures, Terzici and Draginac will be fired on by artillery. Patrol activity near Leznica." The report is signed by the commander of the 3rd Battalion 697th Regiment, Salzmann.
Turning how to page 51 of the English and 45 of the German -- I beg your pardon -- it's 57 of the English, page 45 of the German -- NOKW-1384 which becomes prosecution Exhibit 149, this is an "Evening Report" of the Ist Battalion, 699th Infantry Regiment. It is written from the field and dated 20 November 1941. Paragraph "2" is all that is pertinent from a prosecution standpoint:
"Towards 1:30 hours elements of the 2nd Company (Company Troop I and II Platoons) carrying out their task of occupying height 440 came into contact with the enemy. In a short violent exchange of fire, six Communists were shot. They were fully uniformed. Their average age was 20 to 21 years. Individual Communists managed to escape in a westerly direction. Enemy losses: 6 Communists dead, 2 Prisoners; Own Losses: None." Signed: "Captain and Commander of the Battalion."
Next on page 58 of the English, page 46 of the German, Document NOKW-236, which becomes prosecution Exhibit 150, this is an order of the Commanding General Plenipotentiary in Serbia dated "Belgrade 23 November 1941." distributed to the Commanding General Plenipotentiary in Serbia for his own files, to the LXV the Corps Command, and to the Headquarters Staff on the Premises; subject; "Death Certificates of Executed Communists, etc.":
"An inquiry of the Feldkommandantur 610 (Administrative Subarea Headquarters) in Pancevo has occasioned me to ask you to inform the units that if the relatives apply for confirmation of deaths resulting from executions carried out by the troops, it is to be given by the unit which carried out the executions, provided the name of the executed person and his death are established beyond doubt.