"There is no objection to calling for the assistance of the SD if in the course of an operation civilians suspected of being members of bands are captured and the units and their staffs do not have available necessary trained personnel to interrogate these suspects. The civilians, however, remain Wehrmacht prisoners and are to be treated like the civilians in 1)" -- that is the first paragraph up above -- "according to the result of the interrogation.
"The SD is requested to fulfill the requests of the Commanders of the security sections respectively of the divisions for interrogations, etc., and to pass on the results of the investigations to the commander of the security sector." -- and here, of course, he is making a request of the SD and the Security Police to comply with these requests from the division officers concerned and to pass on the reports.
"Prisoners suspected of being members of bands are not to be transferred to the SD.
"It must be absolutely avoided that innocent people are kept in hostage camps and that they possibly atone with their lives for an affair with which they had no connection. With the exception of case Ia" -- and that refers to "Ia" in the earlier part -- "hostages arc to be made responsible for the misdeeds of bands only in the neighborhood nearest to their own villages. It is not permitted, for instance, that hostages from Karlovci be used for retaliation measures in case of a surprise attack by bands or a demolition occurrence near Ruma.
"It is impossible to make use of hostages for the execution of reprisal measures for the German soldiers killed in the fight against bands. It would be contradictory on the one hand to treat active members of bands, captured during battle, as prisoners of war, that is to let them live; and on the other hand, to hang hostages from the next hostage camp for our own losses in the fight against bands.
"Present inmates of hostage camps are also to be checked and treated according to the classification as given under I." -- and that refers back to Roman numeral I of this communication; and it is signed -- that is, it is typed:
"For the Corps Headquarters, the Chief of the General Staff (Signed) Steinbeck." All of that is typed and over to the left: "Certified to be a true copy" -- illegible signature, the same one that appears on the earlier part of this file -- "2nd Lieutenant."
Perhaps, your Honors would like to glance at the conclusion of that order, those two orders.
Turning note to page 93 in the German and 42 in the English text, we have Exhibit -- or Document No. NOKW-710, which becomes prosecution exhibit 377 in evidence. This is an extract from the War Diary of the 69th Corps Headquarters although the period covered by the Diary from its cover sheet can be seen to be "1 January to 30 June 1944." The only extracts which are here offered are three, for January 8th, 15th and 24th and the chain of command is still the same. This is early in June 1944, prior to the time that the defendant Dehner relinquished command of his Corps to proceed to another theater.
"8 January 1944" -- this, incidentally, is all typed -- "According to a report from an escaped worker who had been drafted by force, the bandits have available approximately 3000 men in the Potomaca district and are in possession of heavy weapons. The Commander of Virovitica expects an attack on the town very shortly.
............
"Corps Headquarters grants the request of the 187th Reserve Division to destroy the band's stronghold Sumetlica near Nova Fradiska. The destruction is to take place after consultation with the competent Croatian authorities.
And then the entry of 15 January:
"According to a report of the district "Vuka" Vukavar, to the Main Directorate for Public Order and Security Zagreb, hostages have allegedly been taken again in the latter district without consultation with the Croatian authorities.
Also those Pravoslave who worked with the Croatian authorities were allegedly taken and shot as hostages. The district "Vuka" is requested to give precise information as to when and by which army units hostages were taken within their districts."
And then for 24 January:
"The reprisal quota (shooting of 50 respectively 25 retaliation prisoners for every killed and wounded German) ordered by Army order dated 15 September 1943 will, by Army order, become annulled effective immediately. New instructions concerning reprisal measures are being prepared."
This is an entry for the end of January 1944. It refers, if your Honors please, to Exhibit 340 which is page 15 of Document Book XIV and which was the order of the Commanding General of the 2nd Panzer Army of the defendant Rendulic which bore the number, order number from his headquarters, 38/43, which has been referred to earlier in this book, and here the 69th Corps, more than four months later is now saying that this order is annulled effective at once; and your Honors will recall that the provisions of that order were that, in the event one German was killed or wounded fifty or twenty-five retaliation prisoners respectively would be shot."
Turning now to page 96 of the German and 44 of the English, these are two letters, one signed by the defendant Dehner and the other signed for the Commanding General, Chief of the General Staff.
I wounder, Major Hatfield, if I could see Exhibit 375 for a moment, please. This is NOKW-705 and we offer it as prosecution Exhibit 378. Excuse me, Major, I made a mistake. I meant 374.
And, although it appears on the translation -- and, of course, this is actually not a translation; this is question of identification -- that the Chief of the General Staff's signature here is illegible, your Honors' attention is respectfully directed to page 5 of the document book, or of document -- withdrawn -- Exhibit 374 to compare the signature of the Chief of the General Staff there and also the signature of the defendant Deyner which I shall hand up when I hand up this document.
This is from the 69th Corps Headquarters. It is signed by the defendant Dehner. It bears the order number 317/769 and has to do with taking of hostages. The communication is dated 4 January 1944. The second communication is dated 4 January 1944, and the first one is dated 15 January 1944; and I will pass this up to your Honors later because it was omitted from the translation but it's apparent KH Qu. 15 January 1944" on the photostat.
Subject: "Taking of Hostages"; and it is directed to the "Vuka" Combine which is spoken of in the prior Exhibit 377, attention of Director Dr. Blicker, Vukovar.
"I am informed that, according to a report of the 'Vuka' Combine of 18 December 1943" -- and he gives the number of the report -- "To the Main Office for Public Order and Safety, German Military and Police detachments have seized hostages recently without agreement with the Croatian authorities. It is said that on this occasion those Provoslavs were also seized and executed who worked together with the Croatian authorities.
"It is known to the Combine that I have repeatedly ordered the units subordinated to me not to seize hostages any more without consulting with the Croatian authorities.
"I therefore request exact information as to when, by what units and in what localities hostages have been seized without consultation with the Croatian authorities, so that I can take the appropriate steps"; and that is signed "Dehner."
Then the next communication is dated the 4th of January, 1944, and this business at the bottom of page 44, in the English, all applies to the next letter, if your Honors please; apparently in translation they just carried on over, but starting with page 2 of the original, this all goes on the second letter, which is signed not be General Dehner, but by the then Chief of Staff, which appears in here as Kresebeck, but which should be Steinbeck.
This has to do with traffic sabotage and taking of hostages, and it is directed to the Commander-in-Chief of the 2nd Panzer Army, Intelligence Officer, and it refers again to 38/43 Secret, 15 September 1943, which, if your Honors please, is Exhibit No. 340, the basic order of the defendant Rendulic with reference to hostages, and it is a 50-to-1 ratio and 25-to-1 ration, and on information copy goes to the then General in Croatia, and it is to be noted that the enclosure to the Plenipotentiary General in Croatia, (the deceased Glaise-Herstenau,) went through the 2nd Panzer Army. It is not a direct communication with the 69th Corps to GlaiseHerstenau, but the copy goes to 2nd Panzer Army and then down:
"1) The 32 hostages arrested in Golubinci on 12 Dec. 43 were released again by the SD at Ruma on 15 Dec. 43 after a thorough interrogation, since no evidence for a friendly attitude towards the bandits was found.
"2) With respect to reprisal measures, Corps Headquarters wishes to call attention to the fact that the order of the Commander-in-Chief of the 2nd Panzer Army of 15 Sept. 1943, that is the one that is referred to above, is in force. According to the understanding of Corps Headquarters, the agreements between the State Commissioner for tho Security of Railway transportation and the German Railway Security Staff of Croatia, made on 23 Dec., before the LXIX Reserve Corps assumed command, may be considered invalid. A copy of the order of the Commander-in-Chief of the 2nd Panzer Army, with which the area of Corps Headquarters has complied hitherto, is included in the enclosure."
Now, of course, this is dated 4, January, 1944, and the war diary entry which we have submitted before annulling this order is dated 24 January, 1944, so that is 20 days subsequent to this, and here we have the defendant Dehner advising the Commanding General of the 2nd Panzer Army which is next higher commander in the Echelon of Command, that this order has been complied with hitherto and it is not annulled until 20 days later.
Then, paragraph 3:
"According to a communication of Police Regional Leader Esseg, a new agreement between the Croatian Government and the German ambassador Kasche was alleged to have been settled on 18 Dec. 43. According to this agreement, recourse to hostages was to be permitted only after approval of the Croatian government (Croatian Ministry of the Interior).
"As yet, no information has come to Corps Headquarters concerning these treaties. Corps Headquarters could issue directives according to these treaties only after resission of the enclosed Army order."
Now it says that the Army order is enclosed, the recitation is that it was the order of 15 September 1943, but we do not have the copy that was enclosed, as well as at the end here there appears "For the information of: 2nd Panzer Army, German Railway and Security Staff of Croatia."
This is signed, "For Corps Headquarters, the Chief of the General Staff", and I will submit these two documents to your Honors. I just want to direct the court's attention to the fact that although they had a legal settlement and agreement with the Croatia Government and the German ambassador Kasche, on 18 December, here on 4 January they still do not have any concrete information about it. Apparently it is still in the rumor stage.
Now I am submitting 374, which is the earlier document, with the signatures of Steinbeck and Dehner in it, and this document, which is 378 which has not been marked by Major Hatfield yet, for comparison of the signatures.
After the second exhibit is marked, I think Dr. Gawlik would like to sec it.
Turning now to page 98 in the English, and 47 in the German -
THE PRESIDENT: You mean just the reverse, do you not?
MR. DENNEY: Yes, 98 in the German and 47 in the English -- I certainly should know about that now. This is all typed except for the end where there again is a certification that it is a true copy, and it is signed with an illegible signature of a first lieutenant, Oberleutant.
So there may be no confusion about this, although this bears the heading on it, "Commander Southeast", "Army Group F", who at this time was the defendant, Field Marshal von Weichs, we do not know if he was on leave maybe in Germany, anyway he was not there, and this order, -- we do not concede he was not there, but he did not issue the order -- the order was issued by his subordinate, General Loehr, who was the commander of Army Group E, and ho was acting as Commander-in-Chief Southease, and Commander-in-Chief, Army Group F.
This is dated 22 December, 1943, and this comes out approximately four months after the defendant Weichs entered the field as Commanderin-Chief of Army Group F, which post he took in August of 1943, and then, of course, he was also the Commander-in-Chief Southeast, that is, the Supreme Commander in the field.
The subject is "Reprisal Measures".
"The Fuehrer," that, of course is Hitler, "has commanded a unified counter action against the Communist danger in the Southeast, with the political leadership of which Minister Neubacher is charged. The reprisal penal, and revenge measures practiced up to now must in the future take into account the new political objectives. The first principle has to be, in cases of attacks, acts of sabotage, etc., to seize the perpetrator himself and to take reprisal measures only as a second course, if through reprisal measures the prevention of future attacks is to be expected.
The previous provisions for the conduct of the troops in combat hold good.
The following directives are given in accordance with the Military Commander Southeast and Minister Neubacher:
"A. In which cases do reprisal measures come into question?
"1. Protection of persons:
"Attacks against life and limb of a) Reich or Volksdeutschen (Wehrmacht, Wehrmacht employee, or German Civilians),
b) of a member of Allied Troops,
c) of a person who is in the service of the occupying powers, without consideration for his nationality if the authority of the person concerned and that of the occupying powers makes it necessary.
d) of the member of the National Government or of leading officials (Regional and District Presidents, Mayors) are to be avenged.
"Reprisal measures will in any case only be carried out if
a) the perpetrators cannot be taken within 48 hours,
b) and the attack on the protected persons took place on political grounds, and
c) the attack brought about death or injury. Murder will be assumed if a kidnapped person has not returned after expiration of a fixed time period.
Executions "Losses which are incurred in combat are in general not to be avenged.
"2.) Protection of installations:
"Furthermore every attack against war-vital installations, especially media of traffic and traffic lanes, communications, industrial, and supply installations are to be avenged, under the prerequisite that
a) damage has been incurred and
b) the perpetrators cannot be taken within 48 hours.
B. Reprisal quotas:
1.) Reprisal quotas are not fixed. The orders previously decreed concerning them are to be rescinded. The extent of the reprisal measures is to be established in advance in each individual case.
2.) Reprisal measures consist of:
"a) shootings and/or hangings,
b) destruction of dwellings,
c) fines, penal actions, and arrest.
C. Who may carry out reprisal measures?
The revenge for attacks, which are directed against the unit and its installations may be ordered only by a German commander with the disciplinary authority to punish of at least a division commander, in accord with the competent administrative sub area HQs.
"If an agreement is not reached, tho competent territorial commander is to decide. Reprisal measures for losses in the air corps, navy, police and the OT, - and the OT, if your Honors please, refers to tho Organization Todt are to be ordered principally by the territorial commanders.
"All other reprisal measures, for example for German civilians, persons in the service of the occupying powers, and in defense are to be ordered by the competent field commanders. The unit is to support tho administrative sub area HQs in carrying them out.
"In Croatia, commissioners of the National Government with the German HQs authorities are to be empowered to apply tho decisions concerning reprisal measures. The same principles as in Croatia are to be used for Albania where relevant.
"The participation of the National Governments and administrations in Greece, Serbia, Montenegro is to be governed by tho territorial commanders in the provisions for execution.
"The organs of tho SS and Hoeh. Pol. Fuehrer (SD) and counter intelligence detachments are likewise to participate in the selecting of the reprisal prisoners and hostages."
In view of tho fact that this order is signed by Loehr I would just like to direct your Honors' attention to the breadth of its scope. It refers to Croatia, Albania, Greece, Serbia, Montenegro, and applies to the SS, the higher police leader and the SD.
"D. What persons are to be used for reprisal executions?
1.) The procedure, of carrying out reprisal measures after a surprise attack or an act of sabotage at random on persons and dwellings, in the vicinity, close to the scene of the deed, shakes the confidence in the justice of the occupying power and also drives the loyal part of the population into the woods.
"This form of execution of reprisal measures is accordingly forbidden. If, However, the investigation on the spot reveals open or concealed " ----collaboration or a conscientiously passive attitude of certain persons concerning the perpetrators, then these persons above all are to be shot as bandit helpers and their dwellings destroyed.
Their guilt is to be referred to expressly in the proclamation. In the supplement, an example from the combating of bandits in the East is attached. Now, there's a short supplement which is attached hereto, and the Court' attention is directed to the combating of bandits in the East. Now, that refers to the Russian Theater. And here they are using a communication with reference to the methods used in the Russian theater and sending it along to whoever got this order. "If such people as are guilty cannot be found, those persons must be resorted to who, without being connected with the actual deed nevertheless are to be regarded as co-responsible. Such persons are co-responsible first of all who recognize Communism. It has been proven of value to arrest hostages carefully, nevertheless only those on whom reprisal measures can be carried out according to the preceding directives. For the selection of the hostages, the provisions of section "C" are valid." And that refers to the earlier section in this order. "Not to be used for reprisal purposes are: a) persons who have nothing to do with the aims of the insurgents, or those, as for example officials, who belong themselves to the sheltered circle or persons, b) women and children. These may be shot only as perpetrators or bandit helpers, c) enemies of Communism, in case they themselves are not concerned with enemy treatment against those persons or objects mentioned in number, a, 1. and 2." And that refers to the earlier part. "Publication of reprisal measures: Each reprisal measure must be published (Posters, leaflets). The subversity of the deed and the guilt of those executed must be clear from the text of the proclamation. Since no uniform directives can be given in the diverse Southeast area for all cases, I empower the territorial commanders in agreement with the commanders in chief to decree definitions of command, especially concerning the partic ipation of the National Administration in the executive authority, concerning the form of the execution of measures of punishment as well as their publication."
And , of course, the territorial commander to whom he refers there, in additional to the commanders in chief, are the people -- well, the only ones with whom we are concerned here is the Defendant Speidel down in Greece, Glaise-Horstenau in Croatia, Keiper in Montenegro, Gullmann in Albania, and , of course, Felmy with the overall command up in Serbia. "These orders are to be presented to me through channels. All orders contradicting these orders are to be rescinded, number 3, C in C Southeast I a/ teletype No. 604/43 Secret of 10 October 43 is to be struck out." And then it has the Commander in Chief (Acting), signed Loehr, General, and that is all typed, and over to the left a certification, which is illegible but written. And then there is the supplement, and an order to make sure that this is a supplement to this communication because it's just a little piece of paper. If Your Honors will refer to the order number for the Ia in the supplement, it is 296/43 Secret 22 December 1943. If you will check back to Page 1 - Page 98 of the German and Page 47 of the English, the basic communication also has "Ia Branch/ Teletype No. 296/43 Secret," and the date December 22, 1943 appears over to the right. This is the supplement:
"The following procedure frequently resulted in success." And this is submitted as the method which is spoken about that was used on the Eastern Front.
"Individual 'V Men' were sent into the territories or villages in question, and after some time of residence amongst their own countrymen, stated that they were bandit members, or even began to work apparently for the bandits. In this way, the doubtful elements and those who more or less openly work for the bandits reveal themselves. By a cleverly led special action, it was possible to arrest the residents of the village including the 'V Man' immediately in order to remove the guilty men after the reliable testimonies of the 'V Man.
'" And now we go to Page 102 in the German Document Book and Page 52 in the English Document Book.
DR. LATERNSER: Your Honor, I would like to have the following extracts translated. First of all, on Page 98 of the German Document Book and Page 47 of the English Document Book. That I would like to have taken, thats as the second point. The first point, to begin with, "die bisher ueblichen Suehne and Vergeltungs massnahmen." I withdraw this objection. Then, thirdly, we have on Page 99 of the German Document Book and Page 48 of the English Document Book the words "die Vergeltung von Anschlaegen."
PRESIDING JUDGE BURKE: On what page in the English Document Book?
MR. DENNEY: In the English, Your Honor, that is the second last line, the line next to the bottom , Page 48.
PRESIDING JUDGE BURKE: Very well.
DR. LATERNSER: On the same page the words "die Vergeltung von Anschlaegen."
MR. DENNEY: We had that.
DR. LATERNSER: Yes; and fourthly, on Page 99 of the German.
MR. DENNEY: Page 49 of the English, Your Honor.
DR. LATERNSER: Then, the words "Ausfuehrungs Bestimmungen."
MR. DENNEY: Section c -- that's the second paragraph above "d" on Page 49, Your Honor.
DR. LATERNSER: And for the fifth point, I would like to have the last part of the order translated from the "Oberbefehls haber to the Generaloberst.
MR. DENNEY: Your Honor, that is on page 58 just before the certification.
PRESIDING JUDGE BURKE: Very well, hand them to the Interpreter.
The Interpreter will identify the disputed sections by line and page of the English Document Book. You may be able to save time during the noon recess by having the matter considered by the Interpreter and thus clarified and simplified by reference to page of translations in the German text and English text; and so we will, therefore, stand adjourned until 1:30 this afternoon.
(The Court adjourned at 1215, To Resume at 0130).
AFTERNOON SESSION (The Hearing Reconvened at 1330 hours)
THE MARSHAL: Persons in the Courtroom will be seated. The Tribunal is again in session.
PRESIDING JUDGE BURKE: Mr. Denney, has the translation been completed which we had under consideration at the close of the morning session.
MR. DENNEY: Yes, Your Honors.
PRESIDING JUDGE BURKE: Very well, we will receive it.
THE INTERPRETER: The first point presented by defense counsel is on page 47 of the English document book and page 98 of the German document book, line four, beginning "die bisher ueblichen Suehne Straf und Vergeltungsmassnahmen." We translate this as the expiatory, punitive and retaliatory measures usual up to now. " The second point is on the same page in the German document book but on page 48 of the English document book under Id, beginning "Suhnemassnahmen werden jedoch nur ausgeloest wenn," which we translate as "Expiatory measures only become operative if."
Point three is at the bottom of page 48 of the English document book under "C", who may carry out reprisal measures. The words in question are the first few words of the following sentence. In the German document book it is on page 99 again under "C" beginning "die Vergeltung von Anschlaegen" which we translate as "reprisals for attacks."
The fourth point is still under "C" but on page 49 of the English document book. The last three words of the last paragraph but one and still on page 99 of the German document book. The word " Ausfuehrungsbestimmungen" in the last paragraph but one under "C"; we translate this as " regulations regarding implementation."
The word " execution" is just as correct but it may in this context be ambiguous.
The fifth and last point occurs in the middle of page 51 of the English document book and at the bottom of page 100 of the German document book. The German reads: "der Oberbefeh shaber I.V. gez.
Loehr Generaloberst," which we translate as "signed Loehr, General for the Commanding Chief."
PRESIDING JUDGE BURKE: Are there any objections to the interpretation by the interpreter? If not, you may proceed.
MR. DENNEY: May it please your Honors, page 102 of the German text and page 53 of the English, NOKW-833, which is offered as prosecution's exhibit 380. This is an extract from the War Diary of the XXI Mountain Corps for 4 February 1944, at which time the Corps was under the Second Panzer Army commanded by the defendant Rendulic.
"SS Brigadefuehrer Fitzthum informs the Commanding General concerning a raid carried out in Tirana, and in the course of which 15 Communists were shot to death.
The next Exhibit is at page 104 of the German, page 55 of the English, NOKW-674, which is offered as prosecution's Exhibit 381. This is an order of the 2nd Panzer Army commanded by the defendant Rendulic dated 13 February 1944. It has to do with the evacuation of the islands and of the coast in the event of an enemy landing, and the Court's attention is respectfully directed to the number of the order, 0975/44. Twenty copies of which this is the 20th, and on the distribution lists it will show that this is a copy which went for information to the Quartermaster --- the Quartiermeister. That is page 108 of the German, 59 of the English.
"In the event of an enemy landing on the Adriatic coast the numberous men capable of bearing arms among the population of the islands and the coast form a serious threat to the defenders. Furthermore the presence of the entire civilian population may lead to a serious encumberance of the defensive measures in case of an enemy attack.
To forestall these dangers it is ordered:
1.) Evacuation of the islands.
The entire male population capable of bearing arms in the islands situated before the Adriatic coast is to be seized and to be transferred to the main land immediately.
There their further employment is to be carried out in cooperation with the German territorial authorities Plenipotentiary Generals in Albania and Croatia, Administrative Area and Local Headquarters) as well as with the competent indigenous authorities as follows:
1) They are to join the Croatian armed forces of the Croatian labor service pursuant to the pertinent laws and directives issued by the State of Croatia.
2) Formation of all persons not falling under number 1) into closed construction labor companies with the participation of the contractors to the Navy and the Luftwaffe too, and employment in the construction of coastal defense works and of roads. Here a difference must be made between voluntary labor and persons refusing to cooperate voluntarily. The last names are to be organized into special labor columns which are to be under special guard.
As far as the absorption capacity of the unit is concerned, employment for construction of coastal defenses and roads has priority over employment in the Croatian armed forces.
3) The remainder which is not as yet employable is to be evacuated to suitable areas further in the rear. The competent territorial authorities with the competent indigenous authorities are to be requested to regulate billets and employment there. The billeting areas are to be determined by the Corps in agreement with the territorial authorities.
4) Sufficient guards must assure that the persons capable of bearing arms, once having been taken, will not escape evacuation and employment or even desert to the bands.
5) That part of the population not capable of bearing arms which wishes to leave the islands is to be supported in that intention as far as the possibilities permit. However, they must be prevented from settling directly on the coast. The competent territorial authorities with the indigenous authorities are to regulate the evacuation.
6) Military Commander Southeast is requested to call the possibility for labor recruitment to the attention of the labor employment authorities."
DR. LATERNSER: Your Honor, I would ask if the prosecutor would read a little more slowly and a little more clearly.
MR. DENNEY: I will be glad to, Your Honor.
11. Evacuation of the coast.
1) In the event of the enemy landing the evacuation of the civilian territory population from the immediately adjacment to the coast is to be prepared with a time table.
The corps will determine the depth of the zone to be evacuated according to the local situation and also the billeting areas considered for the individual evacuation areas.
2) The territorial authorities(Plenipotentiary Generals in Albania and Croatia, Administrative Area and Local Headquarters) are to be requested especially to participate in this. They primarily are charged with the cooperation with the competent indigenous authorities. Where the cooperation of the territorial authorities or of the indigneous authorities is insufficient the local troop commanders who are competent for the coastal defense must work independently. Pertinent directives and policies to be issued terri torial authorities are binding also for the Troop Commanders.
3) The following points are to be particularly observed in the preparations:
a) Fixing of the zone of evacuation (prohibited areas)
b) Fixing of the march routes for the population away from roads important for defense (putting up of signs)
c) Exact fixing of the billeting areas
d) Food supplies and welfare (is to be taken care of by indigenous authorities. This is to be supervised.)
e) The population to be informed speedily (preparation of required posters)
f) Traffic regulations" The distribution list which appears on the next page:
*XXI Mountain Corps, which was subordinate to 2nd Panzer Army; *XV Mountain Corps which at that time was commanded by the defendant Leyser, also subordinate to the 2nd Panzer Army;
V-SS Mountain Corps;
Military Commander Southeast, and The General Plenipotentiaries in Albania and Croatia, and Information copy to the Commander-in-Chief Southeast who at that time was the defendant weichs and various other copies.
DR. LATERNSER: Your Honor, this was an error. At that time, the Military Commander Southeast was Field Marshal Weichs according to the Prosecutor; he was never that.
MR. DENNEY: Excuse me, Your Honor.
PRESIDING JUDGE BURKE: You acknowledge the correction?
MR. DENNEY: Yes, Your Honor. On page 109 of the German, 61 of the English, NOKW 671. This is offered as Prosecution Exhibit 382. That is from the 2nd Panzer Army to various subordinate units and is dated 21 February 1944, and it refers to the earlier order of 13 February 1944, 0975, and has to do with evacuation of the islands.
Pursuant to the order of the Army Group the report of completion of mission in accordance with number III of the order mentioned in the reference, is to include the results of the measures ordered. Report of completion of mission must therefore include the following date:
To 1.) a) Number of evacuees from the islands(listed according to men, women, and children).
b) Billeting areas of persons evacuated according to a).
c) How many are employed in coast and road construction,
d) How many were contracted for work in the Reich.
Again, referring to the earlier order which was Exhibit 381: To II;a) Number of persons presumably to be evacuated,
b) Intended billeting areas.
c) March routes planned.
For the Panzer Army The Oberquartiermeister (initial illeg.)
And the distribution to the XX I Mountain Corps; XV Mountain Corps; and, V-SS Mountain Corps and the others which are to be noted, including the Military Commander Southeast which at that time was Felber and his Chief of Staff at that time who was the defendant Geitner.
Then on page 110 of the German and 63 of the English, is NOKW 673, which is offered as Prosecution Exhibit 383. This is from the Plenipotentiary General in Croatia to the Ministry of the Armed Power, and to the Ministry of the Interior, dated 26 February 1944. It is signed but the signature is illegible, by a Colonel, and there is a receipt stamp on the first page showing that the 2nd Panzer Army received a copy of this:
"The 2nd Panzer Army has the intention of recruiting urgently the male population of the islands off the Croatian coast for employment on the construction of fortifications on the coast.