Turning now to page 48 of the English, page 33 of the German, Document NOKW-701, which is offered as prosecution Exhibit 324, this is a report from the 297th Infantry Division to the headquarters of the 21st Mountain Infantry Corps, the Section Ic or Intelligence Section, your Honors will recall that the XXIst Mountain Infantry Corps is at this time subordinate to the Defendant Rendulic as commander-in-chief of the 2nd Panzer Army.
"In the combat at Kruga 30 Italians and 7 partisans were shot on being taken prisoner.
"85 enemy dead counted up to now. Exact determination hot possible because of roughness of the terrain.
"Besides the combat action, 66 officers, 1512 non-commissioned officers and men deserted and part of them have already been evacuated."
And then there follows a table of Italian troops and units which I believe is self-explanatory.
Turning now to page 50 of the English, page 34 of the German, Document NOKW-896 becomes Prosecution Exhibit 325. This is a receipt showing the transfer of Italian prisoners from the 7th SS "Prinz Eugen" Division to the 114th Jaeger Division. The heading at the top of the page is "SS Volunteer Mountain Division "Prinz Eugen". Command post 29 September 1943 to the 114th Jaeger Division.
"The SS-Volunteers Mountain Division Prinz Eugen transfers today to the 114th Jaeger Division:
"9400 Italian prisoners (NCOs and men) who according to Fuehrer decree" and then the order number" ..are available for work camps in the east." Signed for the Division Command, the 1st General Staff Officer, SS-Hauptsturmfuehrer.
"Transport of prisoners taken over," dated "Knin the 30th Sept. 1943," signed by a captain.
On the left hand side of the document, "Transport of prisoners turned over," dated again the 30th of September, 1943, and signed by a Lieutenant, presumably of the Prinz Eugen Mountain Division.
The next on page 52 of the English, page 35 of the German, Document NOKW-830 becomes prosecution Exhibit 326. This is a series of extracts from the War Diary of the 15th Mountain Corps. The War Diary started on the 26th of August, 1943, and concluded 31st of December, 1943. The cover sheet of the document states "Corps Headquarters XV Mountain Corps", and indicates that the Mountain Corps from 26th of August, 1943, until further notice was subordinate to the 2nd Panzer Army which, your Honors will recall, was at this time commanded by the defendant Rendulic.
On page 53 of the English and page 36 of the German we begin the entries in the War Diary, which are pertinent to this proceeding. On the 27th of September, 1943:
"Banja Luka: 0700 hours SS Division and motorized Regiment 92 approached SPLIT."
The city of Split, your Honors will recall , is on the Dalmatian Coast of Yugoslavia.
"0800 hours reached northern edge of SPLIT. 0900 hours city and port of SPLIT occupied against local resistance. 202 Italian officers and 9000 men captured.
Italian officers are to be shot to death according to Fuehrer orders.
Commanding General has caused investigation to ascertain guilty officers Then the entry in the War Diary for three days later:
30.9.43 3 Generals in SPLIT shot to death by virtue Banja Luka of summary Court-Martial.
The entry for the 1st of October, 1943, again Banja Luka 45 additional guilty officers (Italian) shot to death by virtue of summary Court-Martial in SPLIT."
The next on page 54 of the English and 39 of the German is the entry in the War Diary for the 3rd of December, 1943; Banja Luka. Your Honors will recall that I mentioned earlier that in November of 1943 the defendant Leyser succeeded to the command of the 15th Mountain Corps which was at that time subordinate to the defendant Rendulic; and here is the entry in the War Diary from that 15th Mountain Corps for the 3rd of December, 1943. It is the final entry in the War Diary for that period.
"2nd Panzer Army sanctions intention "Panther" and orders preparation of evacuation, which is to be kept completely secret from Croatian authorities, (and further orders) suggestions for its execution to be submitted. It is believed practical to transport the population capable of bearing arms, to Germany for labour employment."
The War Diary is concluded on the 31st of December, 1943, and the last page of that War Diary is signed "The Commanding General von Leyser, General of Infantry."
I should like your Honors to examine this document, especially the final page for the signature of the defendant von Leyser.
Turning next to page 55 of the English, page 41 of the German, Document NOKW 910, which is offered as Prosecution Exhibit 327. This is a collection of orders and reports of the Second Panzer Army and its subordinate units, among them the XV Mountain Army Corps and the 7th SS Prinz Eugen Division. You might as well note on the first page of the document page 55 of the English, 41 of the German, the sender, in the middle of the page is the Second Panzer Army, the date of transmission of the order is the 11th of September, time: 1500 hours.
"OKW has ordered: Wherever Italian Troops or other Italian bearer of arms are still offering resistance at this time, they are to be given a short term ultimatum which is to express that the Commanders responsible for the resistance will be shot to death as franc tireurs unless they order their troops by the time stated to surrender their arms to the German Units.
"Implementation 2nd Panzer Army. All Italian Command Authorities within reach are to be informed of this order."
Signed, Chief of Staff 2nd Panzer Army, Operations officer Ia.
I should like your Honors to note the code numbers for this order, 313/43 which we will find appearing in several documents which will be later introduced.
Turning next to page 56 of the English, page 42 of the German, another order transmitted by the 2nd Panzer Army which was commanded by the defendant Rendulic at this time. The communication is on the 12th of September, 1230 hours received on the 13th of September 0420 hours.
Subject: Returning of Italians.
Pursuant to teletype 2nd Panzer Army Ia No. 127/43 top secret of 12 Sept.
43 it is ordered:
According to the order of XVth-Mountain Army the direction of the return of the Italian troops in the area of the XVth Mountain Army is in the hands of the Italian XVIIth and the Italian VIth Corps. For this purpose, the Commanding General of this Corps is to be given order as follows:
to.
1. The Italian XVIIIth and VIth Armies with their entire personnel and material are German Prisoners of War. Should Italian Units refuse to lay down their arms, they will be subdued and subsequently their leaders will be shot to death as insurgents.
More sections to follow: The order is signed and Certified true copy by person whose signature is illegible.
Next on page 57 of the English, and 43 of the German, another order transmitted by the 2nd Panzer Army on the 12th of September 1943, received on the 13th of September. The order is sent from the 2nd Panzer Army to the XV Mountain Army Corps. I should like your Honors to compare the textual matter contained in this order, with the order we have just seen, the previous exhibit the Keitel order of the 15th of September 1943 which was introduced on page 42 of the English and 29 of the German, as Exhibit 323. The Keitel order was on the 15th of September. This order of the defendant Rendulic was transmitted on the 12th of September.
The Commanding General of the XVth Mountain Army Corps, General Lueters issues order to the Commanding General of t he Italian XVIIIth and VIth Army Corps:
A) Organization of units, keeping Italian troops in their present billets, securing transportation and all heavy weapons and of all motorized vehicles (except 2 supply trucks per battalion)
b) Direction of return of Italian units to the localities ordered. Direction of the supply during the marches. Keeping up strict discipline.
4. Reprisal Measures:
A) In case of destruction or looting of arms, ammunition, fuel, supply depots, besides the culprits 1 officer of the Divisional Staff and 50 men of the Division concerned will be shot to death.
b) Any soldier selling or giving away Italian arms to civilians or destroying them without orders will be shot to death.
c) Any Italian soldier arriving at the entraining railroad station without arms left to him will be shot to death together with his responsible unit leader.
d) For any motorized vehicle which has been destroyed 1 officer and 10 men will be shot to death.
e) In case of excesses toward the civilian population, looting of agricultural products, cattle and tho like, the culprits as well as a responsible officer will be shot to death.
5.) This order is to be transmitted immediately to all Divisions and corresponding units and to be published down to companies, batteries, etc.
6.) Every Divisional Unit and corresponding Corps Unit temporarily retains for his supply a 40 ton column. That cancels the subordination of Italian VIth Army Corps under the Italian 9th Army.
The order is signed by operation officer 2nd Panzer Army and your Honors will keep in mind the code numbers for this order; General Rendulic for the 12th of September, code number 127/43.
JUDGE CARTER: Do I understand that this order was sent out three days before tho Keitel was transmitted?
MR. FENSTERMACHER: That's right; your Honor, tho Prosecution contends this is an order which the defendant Rendulic sent out on his own initiative before he received orders from higher headquarters in Berlin.
Turning now to page 59 of tho English, page 45 of the German, another order from tho 2nd Panzer Army, to the XV Mountain Army Corps. Your Honors will also notice this order was also transmitted on the 12th of September 1015 hours and received on tho 12th of September 1826 hours.
1.) Tonnage for the evacuation of the Italians from Zara by sea can not be secured within a reasonable time. Rations also in this way are a problem.
2.) XVth Mountain Army Corps immediately dispatches the Italian Units situated in the area of Zara-Split including with one responsibility suitable Italian Commanders, Commanders and Command Authorities for leadership and supply on the march on Bihac, if necessary severest measures of compulsion and in case of refusal, reprisal measures (shootings to death) are to be applied.
Small arms as a protection against bands must be left to them. Continuous guarding by Luftwaffe whose immediate combat commitment in case of a possible running away of the Italians or of band attacks must be guaranteed, is to be secured.
3.) If the Italians remain any longer in the area of Zara it will be impossible to supply their rations. That must be made clear to them.
4.) Intention with time table is to be reported.
From 2nd Panzer Army, operation officer."
And, again, the code numbers 127/43, those which we have seen on the previous orders which appear on page 58 of the English and page 44 of the German.
Continuing now on page 60 of the English, page 46 of the German, we have an order by the XV Mountain Army Corps to its subordinate units, to SS Division and 114th Division and 373rd Division. This, if your Honors, please, is passing on of the XV Mountain Army Corps of the order which we have previously seen on the succeeding page, page 59 of the English, page 45 of the German. The text is almost identical. I think we needen't read it in its entirety. I again direct your Honors' attention to the language in the first paragraph of the order, beginning with the seventh line of the first paragraph:
"In case of refusal (application of severest coercive measures and/ or reprisal measures (shootings to death)."
Next on page 61 of the English, page 47 of the German, is another order by Corps Headquarters of the XV Mountain Corps dated the 12th of September 1943 to the SS Division:
If it is confirmed that after having been offered (the opportunity to) surrender in Split, Italians are carrying out destruction, the persons responsible are to be shot to death publicly as franc-tireus and this to be published giving the reason.
Next on page 62 of the English, page 48 of the German, is an order of the 2nd Panzer Army to the XV Mountain Army Corps. Your Honors will that it was transmitted on the 13th of September 1943 and received on the 14th of September, one day later.
Your Honors will note on page 63 of the English and 48 of the German the code numbers for this order, 131/43 which were the code numbers we have seen earlier on the Keitel order of the 15th of September. I simply call your Honors' attention to note the code number on this order 131/43. They will appear later and I ask you to note these numbers because they are distinct from the code numbers 127/43 which were the code numbers for the Rendulic order of the 12th of September.
OKW has ordered: "Subject: treatment of Italian Troop Unit turning over arms to insurgents and/or negotiating with insurgents. By order of the Fuehrer, the following procedure is to be applied with respect to any capture Italian Troop Units which have permitted their arms to fall into the hands of insurgents or who have cooperated with insurgents at all.
1.) The officers are to be shot to death by summary court martial procedure.
2.) Officers and men are immediately, if possible through (corrected mistake; leading) avoiding transit to the Reich to be sent East by AWA/Chief Prisoners Affairs to be at the disposal of the Army General Staff, General Quartermaster for labor employment.
"Implementation 2nd Panzer Army: All such cases are to be reported to 2nd Panzer Army.
We turn next to page 64 of the English, 49 of the German. This is simply a message to the 2nd Panzer Army with respect to the mistake in the transmission of the order which we have noticed in the parenthesis of the proceeding order. It is of no particular importance so I think we may pass on.
Turning to page 65 of the English, page 50 of the German, is another order from the 2nd Panzer Army to the XV Mountain Army Corps:
"Against Italian Combat Groups disarmed after having offered armed resistance in area Cattaro - Gruda.
"120th Infantry Regiment is to proceed ruthlessly with severest measures pursuant to Fuehrer order.
Report of execution requested."
And the order is signed by the operations officer of the defendant Rendulic.
Next on page 66 of the English, page 51 of the German, is a report from the SS Division Prinz Eugen to the Corps Headquarters of the XV Mountain Army Corps.
"Division Reports execution" and the report is signed Mountain Division, Prinz Eugen."
DR. LATERNSER: Your Honor, I'd like to ask that it be ascertained whether the translation here is correct. The german word "Durchfuehrung" has been translated as "execution". I am talking about page 66 of the English, Document, and page 51 of the German Document Book.
PRESIDING JUDGE BURKE: That reference is made to the words "Division Reports Execution."
DR. LATERNSER: Yes.
Mr. President, I did not get the answer of the interpretor.
INTERPRETOR: I said the word "execution" has two meanings; it means carrying out, and it also means an execution or hanging, but in this case it means carrying out. The German word is given in parenthesis in the English text just because the word "execution" has two meanings. In this case it means "carrying out".
PRESIDING JUDGE BURKE: Very well, proceed.
MR. FENSTERMACHER: Continuing on page 67 of the English, page 52 of the German, is another order of the 2nd Panzer Army. Your Honors will note in the middle of the page, to the right: Sender: 2nd Panzer Army, middle of the page, XV Mountain Division, transmitted/19th of September, time: 1810 hours.
"Report immediately.
"a) Which Italian units are defending Split?
"b) What is exact enemy and own situation there, course of front lines?
"c) Does employment of dive bombers on water works of Split hold promise of success? No.
"d) What propaganda measures and threats of retaliation against Split are intended or have been carried out?"
And, again the order is signed by the operation officer of the 2nd Panzer Army.
Continuing on page 68 of the English, page 53 of the German, another order of the 2nd Panzer Army to the XV Mountain Army Corps, of the 20th of September:
"Because the Italian Divisional Commander of Korsika is treachorously continecis to withdraw the Fuehrer has commented that any kindliness and comradeliness toward the Italian Officers is entirely out of place. That is why severe measures are to be applied everywhere as ordered several times before and the Italian Prisoners of War are to be sent marching ruthlessly even though local difficulties may have to be put up with.
2) The commitment of entire armed Italian Units in Croatian and Albanian territory is not permissible for any length of time. Those are to be dispatched as soon as possible to the entraining stations and to be disarmed. No objections exist to their employment in road construction and Prisoner of War Labor Battalions if sufficient German security is available. The employment of Italian volunteer helpers is also desirable.
Again the order is signed 2nd Panzer Army, Ia operation officer.
Continuing on page 70 of the English, page 54 of the German, your Honors will note this is also an order sent by the 2nd Panzer Army, XV Mountain Army Corps, transmitted on the 21st of September at 1235 hours. Your attention is especially called to order, Chief II, Panzer Army Ia, No. 313/43, Secret, 11 September and 2 Panzer Army Ia No. 131/43 Top secret.
Your Honors will recall the familiar code number 313/43 which refers to the Keitel order and the code numbers 131/43 which refers to the earlier Rendulic order.
"Care is to be taken that these orders get through to the subordinate unit and that they are carried out in the individual case without any scruples.
The shootings to death carried out pursuant to the two orders mentioned above are to be included in each case in the daily report stating name and rank of people shot to death."
Signed 2nd Panzer Army Ia, and on page 71 of the English, and page 55 of the German is an order of the XV Mountain Corps dated 23 of September 1943 to the subordinate units 114th Division and SS Division.
"The orders of Army Corps Headquarters XVth Mountain Army Ia, No. 775/43 top secret 14 September 1943 and Ia No. 4816/43 secret to be followed ruthlessly. Name and rank of people shot to death by summary court martial to be included each time in Daily Report."
Next on page 72 of the English, page 56 of the German is an order from the XV Mountain Army Corps dated Command Post 26 September 1943, to: the subordinate 369th Division and 373rd Divisions:
"Subject: OKW has ordered: treatment of Italian Troop units turning over arms to insurgents and/or negotiating with insurgents. By order of the Fuehrer, the following procedure is to be applied with respect to any Italian Troop Units after they have been captured which have permitted their arms to fall into the hands of insurgents or who have cooperated with insurgents in any way at all."
Then I think your Honors are familiar with the text of this order which we have seen on several occasions earlier and I think it need not be read at this time.
Continuing now on page 74 of the English, page 58 of the German, your Honors will note that this is a report from the SS Division as sender of the communication to its next higher headquarters, the XV Mountain Army Corps. The report transmitted on the 27th of September:
"Split 3 Generals, 300 officers and about 9000 non-commissioned officers and men (non-combatants) arrested. Is treatment of Italians according to last order.?"
The inquiry is signed by Ia operation officer, page 75 of the English, page 59 of the German, is the reply of the next day which the Corps sent to the inquiring division, teletype to SS Division transmitted 28th of September, for information 2nd Panzer Army:
"Proceed with 300 Italian Officers and 9,000 men captured in Split according to Corps Headquarters Ia 772/43 top secret," and the reference to the order of the 2nd Panzer Army with the code numbers 131/43.
Which Prosecution submits is reference to Rendulic order of the 13th of September which we have earlier noticed on page 62 of the English and page 45 of the German, part of this same exhibit.
Court No. V, Case No. VII.
Continuing now with the answer of the 15th Army Corps to the inquiry of the Subordinate SS Division on page 75 of the English and page 59 of the German.
"(Officers to be shot to death by summary court martial, non-commissioned officers and men to be deported East for compulsory labor employment). Prisoners are to be turned over separately for transport."
And the message is signed: "15th Army Corps."
Continuing on page 76 of the English and page 60 of the German is a message transmitted from the SS Division on the 29th of September, received the same day, 29th of September. The message directed to the Corps Headquarters of the 15th Corps:
"Secret. Italian General Cigala Fulgoui convicted again of being main culprit in delivering weapons to partisans and sentenced to death. Inquiry whether shooting to death is to be carried out here. Answer urgently. Simultaneously, directive for other accomplices."
And the message is signed by the Commander of the 7th SS (Prinz Eugen) Division, von Oberkamp.
Page 77 of the English and 51 of the German is a reply from the 15th Army Corps to the inquiry of von Oberkamp. To the SS Division:
"For information: 2nd Panzer Army.
"Comment by Army regarding shooting to death:
"Main culprits and accomplices are to be shot to death. Accomplices generally are: Older commanders and General Staff Officers. In case of doubt, there is no objection to a suspension of sentence. Evacuate innocent ones. Sentence to be carried out there."
The message is signed by the Corps Headquarters of the 15th Mountain Army Corps.
If your Honors Please, the prosecution submits that the words, "Comment by Army Regarding Shooting to Death," refers to an inquiry on the part of the 15th Mountain Army Corps to the Higher Headquarters, the 2nd Panzer Army, commanded by the defendant Rendulic.
PRESIDING JUDGE BURKE: Mr. Fenstermacher, we will pause here and take our recess until eleven-fifteen.
(A recess was taken).
Persons in the Courtroom will please find their seats.
Military Tribunal V is now in session.
PRESIDING JUDGE BURKE: You may proceed, Mr. Fenstermacher.
MR. FENSTERMACHER: Before continuing with the present exhibit, which is 327, we should like your Honors to make one correction in your document book, which is on page 70 of the English, and page 54 of the German, as part of this very same exhibit. Dr. Laternser called my attention during the recess to the fact that there were four words left out of the English translation, in the English document book. This is on page 30 of the English, and it is the 4th line from the bottom of the page, the sentence beginning, "Death carried out", The words, "After summary court martial" should be inserted at that point.
PRESIDING JUDGE BURKE: What is the page number again?
MR. FENSTERMACHER: Page 70 in the English.
DR. FRITSCH, (for the defendant Rendulic): Your Honor, before we leave Exhibit No. 327, I would like to refer back to a short argument which Mr. Fenstermacher mentioned before with regard to the so-called Rendulic, because to this point one of the Judges made a special comment, because he probably thought it was important.
Mr. Fenstermacher said that the Rendulic order was issued before the Keitel order. This means on the own initiative, - of the defendant General-Oberst Rendulic, I must only point out that this argument is not correct.
On page 1 of document 910 -
MR. FENSTERMACHER: If your Honors please, I believe that this is a matter which can best be cleared up when the defense puts its case in chief.
DR. FRITSCH: Your Honors, I also think that this is an important question, but since Mr. Fenstermacher mentioned this point before when he presented the document, I would only like to draw attention to the teletype, the radiogram Exhibit 327 -- I would like to point out to this, from which it can be seen that already on the 11th of the month, 1943, that is before the Rendulic order, - the chief contents of the Keitel order was transmitted.
PRESIDING JUDGE BURKE: Consideration will be given to the remarks of counsel, and if the facts bear out the indication of the document, it will be considered by the Tribunal.
MR. FENSTERMACHER: Continuing now, 78 of the English page, 62 of the German, part of this same Exhibit 327, to its subordinate units, the 114th Jaeger Division, and 369th and 373rd Infantry Divisions. The subject is, "Organization of Prisoners Construction Battalions": "Lack of construction troops compels extensive employment of prisoners of war for road construction, bridge building and similar purposes.
As soon as feasible, the Division will organize from the incoming Italian Prisoners a construction detachment up to 1800 men strong. Engineers suitable for the work mentioned above and Artisans/ are to be selected from the prisoners.
RESIDING JUDGE BURKE: Pardon me, Mr. Fenstermacher on which page is this?
MR. FENSTERMACHER: On page 78, Your Honor. Continuing now. "Possibly those prisoner detachments will later be exchanged for German Construction Troops. The prisoner construction detachments are to be equipped by the Division in such a manner as to be able to be committed at any time (Field Kitchens, most necessary supply vehicles, tent planes, blankets, etc.) Labor equipment (apades, etc.) can be requisitioned from Corps Headquarters.
Orders will be issued in due time concerning the German Guard Personnel.
The Organization of the prisoner construction detachment is to be reported to Corps Headquarters."
The order assigned "Pfaffmatt" For Corps Headquarters, The Chief General Staff.
Continuing now with the same exhibit on page 80 of the English, page 63 of the German, it is a message sent by the SS Division to Corps Headquarters of the 15th Mountain Army, message transmitted on the 1st of October 1943:
"Proceedings against Italian Officers, concluded.
On 1 Oct. an additional 45 Italian Officers of Division Bergamo were shot to death. Sentenced to death in absentia by summary court martial were: General Bacuzzi, Commanding Officer of Infantry Division Bergamo, Colonel Boschi Chief of General Staff, Division Bergamo, Admiral Bobesi Commanding Admiral Split. Records of investigation with courier. And the message is signed by the Operations officer of the SS Division.
On page 82 of the English and 64 of the German, Prosecution's next document, Document NOKW 1242, which is offered as Prosecution's Exhibit 328 This document represents an exchange of messages between the second Panzer Army and its subordinate 15th Mountain Army Corps, first as a communication from the 15th Mountain Corps dated, "Headquarters of the Corps, 6 October 1943."
"Subject: General Court Martial for Italian Officers."
It is sent to the headquarters of the 2nd Panzer Army commanded by the defendant Rendulic:
"1) Enclosed comprehensive folder contains as No. 18 the report of the commander of the SS Mountain Division "Prinz Eugen", about the General Court Martial which met on 30 September 1943 to confer about the treason charge preferred against the responsible officers of the Italian Infantry Division "Bergamo" at Split.
2) The General Court Martial sentenced to death 3 Generals and 47 officers named on the roster attached to this report. The sentence was executed.
3) On the basis of further investigations 9 additional Italian officers according to Daily Report of 3 October 1943, Ic No. 5221/43 secret, were found guilty of treason, sentenced to death, and shot.
Roster will be forwarded upon receipt.
4) Reference is made to documents No. 13 and 14 in the folder: The treaty to surrender arms, concluded by the Commander of the "Bergamo" Division and representatives of the Communists and the Anglo-American Military Mission.
5) Confirmation of the verdict reached by the General Court Martial is requested, and the assurance of its execution on the 3 fugitives also sentenced to death, General Becuzzi, Admiral Bobesi, and Colonel Boschi, in case they can be arrested.
(Handwritten initial)
Lueters.
The message is signed by Lueters, whom your Honors will recall is the Commander of tho 15th Army Corps at this time.
Continuing now with the same Exhibit, page 84 of the English, 66 of the German, it is a message from the 2nd Panzer Army Headquarters to 15th Mountain Army Corps, transmitted on the first of October 1943:
"All Italian troops, or whoever else bearing arms, who still offer resistance, are to be presented immediately with a short-dated ultimatum, if necessary parachuted by the Luftwaffe. In this it is to be made clear that those commanders are responsible for resistance will be shot as being insurgents, if within the time set they do not issue an order to their troops to surrender arms. German headquarters will report on 5 October 1943, compliance with the ultimatum presented with indication what Italian troops were included in this.
2) Further reference is made to tho Fuehrer Order concerning the treatment of Italian troops who let their weapons fall into insurgent hands, or have at all."
Now, if your Honors please, we turn to page 86 of the English Document book for tho conclusion of the message:
"made common cause with the Insurgents."
It is signed, "Headquarters 2nd Panzer Army, 1a Section."
I think that that page may be missing from the German Document book, but should any of the German counsel wish to examine the original document and include any portions not included in this document book they may do so.
DR. LATERNSER: Your Honor, on Page 66 of the German and on Page 83 of the English Document Book, there is the word "Freischaerler" in the original of the German text, translated as "insurgents." I think the translation is wrong because "Freischaerler" is a legal term, which should be translated as "franctireurs" or "partisans." I would, therefore, ask that a correction be made in the translation.
PRESIDING JUDGE BURKE: The document will be submitted to the Interpreter for such translation as it may require.
MR. FENSTERMACHER: We agree to that procedure, Your Honors, but I ask, Your Honor, if I can make one remark at this time. When Dr. Laternser or any of the other defense counsel has comments on the translation, will they simply say that they believe there is an error, and ask that it be submitted to the Interpreter, rather than suggest another interpretation. We believe that this suggestion has influenced, in some cases, whether the Interpreter would change the translation or not.
PRESIDING JUDGE BURKE: I think that procedure may be followed without violence to the ordinary rules of practice.
DR. LATERNSER: I gladly agree to this.
MISSEVAND (German-English Interpreter): "Freischaerler" can be translated as "partisans" or "guerillas" or "insurgents."
DR. LATERNSER: Your Honor, since I don't agree with this translation, I would like to get information on the correct translation of the German word "Freischaerler" from the chief of the Translation Division.
PRESIDING JUDGE BURKE: I am sure there will be no objection on the part of the Tribunal to that procedure, and it may be submitted at such time as will be appropriate.
MR. FENSTERMACHER: Turning now to Page 88 of the English, Page 68 of the German, is Document No. NOKW-721, which becomes Prosecution's Exhibit No. 329, the report from the 21st Mountain Army Corps to its higher headquarters, the 2nd Panzer Army--the Daily Report of the 9th of October 1943:
"Operation against Division Taurinense concluded in the main. Number of prisoners and amount of captured material still increasing.
Except for about 5 to 8 hundred Italians, who together with the partisans, have fled into the area northeast Nikaio, one need no longer count on the appearance of independent closed Italian units in the area of Risan Grabovo - Niksia. Bloody enemy losses amount to 4 to 5 hundred (estimated) dead, up to now 100 wounded. The number of wounded is probably higher. Reprisal measures were carried out against 18 officers, in particular commander and their responsible leaders. At the moment the number of captured and deserting Italians amounts to 3,780 and is still increasing."
MR. FENSTERMACHER: And the report is signed by the Ia Operations Officer of the 21st Mountain Army Corps.
Next, on Page 90 of the English, and Page 69 of the German, is Document No. NOKW-722, which becomes Prosecution's Exhibit No. 330. These are two reports from the 21st Mountain Army Corps to the 2nd Panzer Army. The first is dated the 12th of October 1943. "4 more officers of the Taurinense shot as reprisal." If Your Honors please, we believe that refers to the Italian Taurinense Division, which is mentioned on Page 88 of the English, Page 68 of the German, the document which we have just finished with. "The situation sharply south of Tirana requires larger operations within a short time. The well armed and well organized enemy standing here (approximately 1 to 2 thousand communists and 500 - 100 Italians) led by Commander Firenze represents a threat to Tirana which must be taken seriously." The report is signed by the Operations Officer of the 21st Mountain Army Corps. On the same page, both the English and German is "Activity Report No. 2 for the War Diary, from 1.10-31.10," and the entry for the 11th of October 1943 reads: "Pursuant to teletype, 2nd Panzer Army Hq IIa dated 10.10.43 (order OKH PA Ag Pl Chef Section (b) dated 4.10.43) General Bader is transferred to the Fuehrer Reserve OKH/peace-time garrison effective 10.10.43." And the entry for the 13th of October 1943: "General Bader leaving by plane. He is accompanied by Lieut. Colonel Meyer to Belgrade. Arrival of General of Infantry, Fehn, who is appointed as Commanding General of the XXIst Mountain Corps pursuant to the above order." If Your Honors will remember, this date, the 13th of October 1943, when General Fehn, who previously commanded the 15th Mountain Army Corps, is now being transferred to the Command of the 21st Mountain Corps.
We will see from later documents that the Defendant Leyser succeeded General Fehn, as Commander of the 15th Mountain Corps about this same time, 13th of October 1943. Continuing now on Page 92 of the English, Page 70 of the German, is No. NOKW-1244, which becomes Prosecution's Exhibit No. 331. This document is a series of reports from the 15th Mountain Corps to the 2nd Panzer Army, with respect to the execution of Italian officers. Your Honors will note that the first report is the Daily Report for the 14th of September 1943, and the distribution list is of interest. "To Headquarters 2nd Panzer Army," and we believe that means the 2nd Panzer Army. Your Honors, we submit that there has been a mistake in the translation. The words "PQNOKZ" appear in the original document, which we believe refers to the 2nd Panzer Army, commanded by the Defendant Rendulic. The Tribunal may wish to examine the original document. A copy of the report also goes to the "Headquarters Army Group F," which, Your Honors will note, at this time, was commanded by the Defendant Weichs, and his Chief of Staff was the Defendant Foertsch. Another copy went to "Fliegerfuehrer in Croatia." Another to "XXIst Mountain Corps", another to (IIIrd "Germn.") SS Panzer Corps", and a final copy to LXIXth Reserve Corps," which, Your Honors will recall, was commanded by the Defendant Dehner. Under the portion of the 15th Mountain Corps' report dealing with the IInd Croatian Corps...
DR. FOEHSE: Foehse for the Defendant Dehner. I would like to point out that when this teletype was handed to the 69th Reserve Corps, in the English text, on Page 92, there is also a comment that the letter was not sent because there was something wrong with the line. The Prosecutor probably missed this; I would like to point it out.
MR. FENSTERMACHER: I have not finished reading the document, if Your Honors please. I was coming to that next. Your Honors will note on the left-hand portion of the page, Page 92 of the English, a handwritten note: "Cannot be dispatched since line is out of order." Under the portion of the report of the 15th Mountain Corps dealing with the IInd Croatian Corps: