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.
"In reference to this matter, the following suggestions are submitted to you with the request for your early comment and any supplement you may care to make to the individual questions.
"a. All men of class 1904-1927 will be recruited and trans ferred to the mainland."
It is submitted that these are age classes, referring to the year which these people were born, first people 1904 who were then 40 and people 1927 who were at that time 17.
"b. Mixed commissions, consisting of one Croatian Army Officer and one officer of the Ustasha Militia, to which one German officer for liaison purposes with the German authorities will be attached, will effect the seizure and transfer of the men, in cooperation with the local Croatian authorities."
And, I should like to direct the court's attention to the word "seizures."
"c. Members of class 1924 and 1925 are to be sent to the Croatian Armed Forces as recruits, unless they are of the pravoslav religion, and will be turned over to the competent Croatian Military authorities.
d. The rest of the men are available to the Fortress Engineers Staffs for construction work on the coastal fortifications.
e. If politically unreliable persons are found during the seizing , they are to be employed in work battalions outside of the coastal area.
f. For the provisioning of men mentioned under d, the basic directive of the Croatian ministry of the Interior No. VT 11/44 of 22.1.1944, is applicable.
g. The transfer of the men must be completed by 15 March 1944.
For the German General -Plenipotentiary in Croatia The Chief of Staff (signature illegible) Colonel" Page 112 in the German, 65 in the English, NOKW 1339, and this is offered as Exhibit 384.
This is an activity report for the month of February 1944 of the Ninth Secret Field Police Detachment and the first entry under Total Statistics:
Total number of incidents handled, and screenings, 587, and 1, 561 respectively; and then it is to be noted that the next one cites:
"In addition during operation pursuant to directives of the 2nd Panzer Army," they have 7,500 arrests including previous month, 602. We have the police report showing the 2nd Panzer Army was giving them directives. Then they break these figures down:
Executed 5 Turned over to PW camps 3 Turned over the the SD 241 Turned over the courts martial 15 Turned over to Branch Ic 26 For labor allocation to Germany 118 Turned over to Croatian authorities 4 Turned over to other offices 67 To hostage camps 6 Concentration camps 1 Collecting camps 2 Deserter camps 1 Released 52 Still under arrest 61 Distribution:
Wehrmacht Field Police; Chief, Auxiliary Field Police; 2nd Panzer Army; Files. There are only four copies and it is signed by Maurer, Field Police Commissioner and Deputy Unit Leader.
Next we have a report for 20 March 1944 made by Captain Dr. Cartallieri who also made an earlier report which we had in evidence here as Exhibit 336. That was the report the balance of which I furnished the defense counsel in court this morning. He appears as Captain under Wehrmacht operational staff and it is to be noted that it is written at Fuehrer Headquarters -- Hitler Headquarters stamp: Top Secret, 20 copies of which this is the ninth. I might say that the second page of the first letter is missing. We have endeavored to find it and we have not abandoned it as hopeless as yet, but if and when we get it we will certainly furnishit to defense counsel. The subject is: Official trip from 13 March to 18 March '44 and has to do with the Operation Zone, Adriatic Coastland, which has been discussed be earlier exhibits which we have considered.
1.) The conditions in the Operation Zone, Adriatic Coastland cannot be compared with those of the Operation Zone Alpenvorland.
In the Operation Zone Adriatic Coastland not only are there bands in the larger part of the area but there is also the possibility of an enemy-landing there for which the only weakly occupied, cood ports of Trieste, Pola and Fiume offer themselves, with the possibility of a thrust in the direction of Vienna or Hungary, in between the 2 mountain chains.
2.) The Operation Zone, Adriatic Coastland is a bandit-combatting area under the jurisdiction of the Reichsfuehrer-SS-------And if Your Honor please, the Reichsfuehrer SS at that time was Heinrich Himmler ----. However, the competent higher-SS and police leaders lack the necessary forces. On the other hand the Wehrmacht, on account of lack of forces, is also not in a position to destroy the bands.
Coastal defense and the combating of bands in the Operation Zone can only be separated from each other if the competent office for the combating of bands has at its disposal the necessary manpower and material enabling it to carry out its task alone so that the Commander can limit himself calmly to the defense of the coast. Because of lack of Wehrmacht and police-forces, however, it is likely that this will never occur.
3.) The 3-channel system of competence existing up to now in the Operation Zone of Adriatic Coastland is not responsible, as the zone is already practically a combat zone."
And then the "Enclosure 2."
"The Commander In the Operation Zone "Corps Headquarters 24 Feb 1944.
Adriatic Coastland. Stamp Secret."
Subject: Conduct of the fight against the bandits Corps Order No. 9 I. By the withdrawal of the 71st Infantry Division from the coast and the commitment of the 162nd (Turkish) Infantry Division the bands are able to breathe freely.
They terrorize the population, steal cattle and food and recruit followers largely by compulsory drafting. They murder German soldiers from ambush, raid motorcars and columns, blow up railway lines and bridges, plunder food apply transports, destroy cables and wire connections, massacre prisoners and desecrate the corpses of German soldiers.
The one and a half months from 1 January until 15 February 1944 have cost us in dead and wounded 503 victims, amongst whom were 3 commanders.
181 surprise attacks on the Wehrmacht 125 attempts on the railway 22 bridge demolitions on roads and railways 25 Extensive sabotage acts on cables and telephone lines.
68 vehicles destroyed or seriously damaged.
This must be considered great combat by command of the enemy powers. Furthermore it has been determined from captured papers that the bandit leadership is preparing a general uprising of the people according to plans for "the day", that is the day on which the Anglo-Americans wanted to land on our coast.
Therefore serious danger threatens; for the defense of the coast is endangered in the rear, if the bands rage around the country, the leadership is paralyzed, if the communications are cut, reinforcements cannot be brought up; the supply of arms, ammunition and food stops, if the railways are interrupted.
In such a case there is only one solutions:
Terror against terror, An eye for an eye A tooth for a tooth'.The most important commandments in our fight against the insurgents are:
1) What we lack in numerical strength, we must replace with severity in warfare, energy in action and courage of every single one of us.
2) No consideration can be given to our own comfort. No one has a right to "Winterquarters."
The enemy will be pursued wherever he is discovered, even up to the summit of the Monte Navosco or the Triglav. He must be chased to death.
3) The enemy causes the most trouble during the night. Therefore, we too must become like animals of the night and must learn to stop the nightly activities of the enemy by night. Here we have still a lot to learn. A quick change is necessary.
4) Only attack brings success.
Whoever takes up a defensive position when the enemy attacks is lost from the start. In any case he has a liability to the leadership, which has to utilize forces to dig him out."
DR. LATERNSER: This document cannot be submitted by the Prosecution because the Commander in the zone of operations in the Adriatic Coastland is not under the jurisdiction of the Commander-in-Chief of the Southeast. I would ask that the document be withdrawn.
MR. DENNEY: Your Honors, they are from the same territory down there. We make no contention that this man was under any one here, but it is just to show the general warfare down there and in the similar units. We have offered very few documents, as a matter of fact this is the first from this particular command of General Kuebler who was a general of mountain troops in the Adriatic Coastland. It is submitted the the Adriatic Coast is geographically a part of the territory of these operations. It is also attached to the report from the captain of the General Staff in Hitler's Headquarters.
DR. LATERNSER: Your Honors, these are again statements made by the Prosecution. I submit that this commander to the Adriatic Coastland was never subordinate to any of the defendants, and that this document cannot be submitted here in this connection. Otherwise it might be submitted.
JUDGE BURKE: For whatever it may be worth, and without limitations, with which the Tribunal is entirely familiar, it will be received and for that purpose only. I know of no case, where insurgents held out to the end, if they were seriously attacked even if by very small units. I know of many cases however, in which strongholds were conquered and detachments destroyed, because they had limited them selves to defense.
Everything depends on the energy and courage of the leaders. If more than a platoon is employed the Company Commander personally leads; if more than a company.........the Battalion Commander in person, In battle everything is right and necessary which leads to success. I shall cover personally any and every measure which is in accord with this principle.
With regard to the treatment of bandits and their voluntary helpers the greatest severity is to be applied. Captured bandits are to he hanged or shot. Whoever voluntarily supports the bandits either by heltering then or giving them food, by keeping their whereabouts secret or by any other measures, merits death and is to be taken care of.
Whoever can prove that he was forced by terror to passive helping of the bandits is to be treated in a milder way (e.g. deportation for compulsory labor.)
The guiltless are to be spared. It is important to win and preserve by just and correct treatment the confidence and cooperation of that part of the population which is favorably disposed towards us. That at times innocent people also get caught up in battle with their lives and property, is regrettable but cannot be altered. They may thank the bands for their mishaps. We did not start the war against the insurgents.
Collective measures against villages, etc. may be decreed only in direct local and chronological connection with combat actions and only by officers from the rank of captain upwards. They are indicated if the majority of the population has voluntarily supported the bandits. For the rest the carrying out of collective measures needs my permission. It is not necessary to list more completely here what is prescribed, allowed or forbidden. Moreover, in the third year of the war against the insurgents every leader knows what has to be done. The "instructions for Combating Bauds in the East" is valid as far as principles are concerned for the Operation Zone, Adriatic coastland too.
And here again we have a reference to the instructions for combating bands in the East, which has been submitted were also applied in other areas, and here these bands in the East are applicable into Adriatic Zone Coastland.
"To sum up:
The bands are numerically many times superior to us.
They are out to murder us insidiously. By these means, and by sabotage of all kinds, they want to help the Soviets, the English and the Americans in their battle of extermination against our homeland and against the German people which is struggling hard in a fight for its existence."
It is our task to destroy the bands. Extreme severity against the bands and ourselves is prescribed.
Only attack brings success. The leader however is always the decisive person. Everything depends on his energy, his initiative, his ardour and his aggressiveness. This applies to everyone from the Corporal up to the General.
Act accordingly!
(Signed) Kuebler General of Mountain Troops.
and this order is to be distributed down to the Companies. Its principles are to be hammered into the heads of all officers, NCO's and men again and again.
And on page 117 German Text, page 73 English Text, NOKW 1112, which we offer as Exhibit 385 -
JUDGE BURKE: You have completed NOKW 1112.
MR. DENNEY: In my book it is NOKW 1352, which will be Exhibit 386, page 117, and page 73.
This is an order of the 2nd Panzer Army to the subordinate units with reference to cooperation with the SS in accomplishing security tasks. In this order it is submitted the photostat copy is a photostat of a copy which is signed by the defendant Rendulic. The copy that we have here has the stamp of the XV Mountain Corps on it, as being received March 21, 1944, and it refers to an earlier order 62744 of the 2nd Panzer Army, and the Subject: "Chaim of Command in the North Coratian Area." 24 copies, of which this is the 4th copy.
In the first part we are concerned with page 117 of the German and page 74 of the English:
"The main task of the Command Authorities (as per No. 2) in these areas is to protect the railroad line Zagreb-Belgrade as well as the main line (only up to the area borders) during the course of operation "Cannae" and to keep open these vital supply lines. Dur to the lack of forces it will be necessary for this purpose to organize mobile task troops including all possible aids and to commit these flexibly and continuously.
Beyond this, all military and economically important objects are to be secured as far as is at all possible and the command areas to be kept pacified in closest cooperation with the deputy of Reich Fuehrer SS for Croatia." And the Reichsfuehrer SS is, of course, Himmler, and it speaks of his deputy in Croatia.
"The Deputy of the Reich Fuehrer SS for Croatia will be requested to contact the command authorities and -- in close cooperation with them to employ all forces at his disposal for railroad security and other local security duties.
. . . . . . . . . .
Headquarters, 1st Cossack Division and Commander Syrmia are instructed to co-operate with the Deputy Reich Fuehrer SS for Croatia and the Police Officials and Units subordinated to him in the command areas as per No. 3 ........NOKW-1353, page 119 and 75, is offered as prosecution Exhibit 387.