"Treatment as prisoners of war in accordance with Order: Armed Forces Operation Staff dated 8.7.43. which disregards differences of nationality. The only exception made is in the case of commando operations (then they are handed over to the Security Service SD).
"RSHA Section IV.
"Fundamentally treatment as prisoners of war under the directives mentioned in B and c) but a more definite ruling is required to decide whether and in what circumstances they are to be handed over to the Security Service (SD) And then we have the Military Section:
"Considers that the Commando-Order cannot be applied to partisan fighting in the south East, that to do so would be dangerous in that it night imperil those taking part in our own operations (Brandenburg).
"No opinion on the question of foreign missions."
And then the next one:
"Fundamentally, treatment as prisoners of war, that implies that members of missions were taking part in a commando-operation."
AAnd the next one:
"Armed Forces Ops Staff "Treatment as the members of partisan groups themselves, i.e. as prisoners of war if they are in uniform and are captured or surrender in open battle, or executed if they arc in civilian clothes or arc captured in a sabotage-or commando-operation."
And it is noted at the left: "The whole of this paragraph 'g' is crossed out".
"Opinion and proposal of the Armed Forces Ops Staff "According to the orders issued to date, even for example, the British captured in the "Rosselsprung" operation must be treated as prisoners of war.
This is especially evident in the Op. Order dated 18.8.43" And then it is noted:
"(This last sentence is put in parenthesis, underlined, Op (Army) crossed out and a large query inserted in the margin).
"The Commando Order has never yet been applied to such missions, its extended application to cover them has not yet been ordered. If the missions are to be treated otherwise than in accordance with the orders to date, it must first be decided whether a foreign mission acting with the partisan groups in the South-East is to be called a commando-operation and therefore treated as such. Such a decision seems to be indicated even if it does not correspond completely to the wording of the commando-Order or to the previous definition of a commando operation (as an especially under-hand and still unusual form of warfare which must be combatted with the appropriate counter measures). The principle must be adopted from the start that all members of partisan groups, even in the South East are fundamentally guerrillas. Indeed they are treated as prisoners of war for reasons of expediency in order to obtain the largest possible number of deserters and workers. There is no reason for this with reward to the members of foreign missions who are not numerous. There is therefore no necessity to treat them, in every case, in the same way as the members of partisan groups themselves. Basically, it would be far more appropriate to consider Anglo-American as well as Soviet-Russian military missions as commando-operations and to treat their members accordingly.
"The appended Order is therefore proposed".
And that bears the initial of General Warlimont of the OKW Operations Staff.
Now, the next document, which is on page 60 in the German and 72 in the English, is substantially the same as the one we have just road. However, it is dated five days later, 27 July-and the first one is 22 July-and it now has an order number, and if your Honors will look at the original it will be seen that the original bore an earlier number and then that the number of this later order, of 27 July, is inserted in pencil on the first order and then typed on this order, and when we get along a little farther we will have more occasion to refer to The order here, it can be seen, when compared with the earlier one, has certain deletions, particularly paragraph "g", which was crossed out in the original, and other than that it is substantially the same; the first two paragraphs, numbered "I" and "2". "The following are the resulting opinions:"
and then:
"Commander-in-Chief Southeast" (who at that time was the defendant Weichs).
"The members of allied military missions arc to be handed over to the SD, should the opinion below (b) be inapplicable"-is the same; and, other than minor alterations in form, which I believe are apparent, it is not necessary to read this order again.
There is one additional fact, that this order of 27.7 is initialed by Keitel, who was, of course, Chief of OKW.
Now, in the copy in the English, there is a note at the bottom of the page 73 which is not in the German, and all this does is refer to the second copy of this order or this communication, rather-of 27.
7.1944. It's identifical--defense counsel may see it in the exhibit -- it's just the second of two copies. Your Honors will notice at the top of the first copy it says "2 copies, first copy, "and the second one is merely the other copy of these two. It has some penciled notes on it. It bears Warlimont's initial, whereas the first copy is signed by Warlimont: and the distribution is to be noted on the first copy, that the Chief of the Supreme Command of the Armed Forces via the Deputy Chief of the Armed Forces Operations, Staff and the Quartermaster gets the second copy. Both copies are here; and then the third is a memorandum dated 22 July 1944 and is a draft again. It bears the original number and then is changed to the later number in pencil, as may be seen in the photostat, and it has the final order number of 009074/44, and tho subject again is the "Treatment of members of foreign 'military missions' captured with partisan groups", and this again has been worked over in draft.
The Text is:
"The Special Orders for the treatment of captured members of partisan groups do not apply to members of foreign so-called "military missions" (Anglo-American or Soviet Russian) captured in the fight against partisan groups in the areas under the command of the Cin-C South East and South West. They are therefore to be treated, not as prisoners of war, but in accordance with the Fuhrer's Order on the extermination of terrorist and sabotage troops, dated 18.10.1942 003830/Most Secret).
This order is not to be distributed beyond the divisional or equal-ranking staffs of the other branches of the Armed Forces. Any papers distributed to Army Headquarters and equal-ranking staffs of the Armed Forces are to be recalled, when read, and destroyed) (This last sentence is changed in the original to 'This order is not to be distributed beyond General Headquarters and equal ranking staffs of other branches of the Armed Forces and is to be destroyed when read).
That can be seen from looking.
And then annexed to this was a distribution list which appears at the bottom, the first copy going to the Commander-in-Chief Southeast, who was the defendant Weichs, and the various other offices listed there. It is to be noted that Copy 6 went to the Reichsfuehrer SS and Chief of the German Police, Headquarters Staff of the Reichsfuehrer SS for the attention of SS Brigadefuehrer and Major General of the Waffen SS Rohde, also for RSHA, and, of course, the purpose of sending that there is so that the SD could be advised of it.
And the last part of this document is not in the original. However, we are submitting it. That is, it is not in the English, but we are submitting it in the German original.
The, turning to the next document, which is 537-PS, page 75 of the English and 65 of the German, this is offered as 488 in evidence. Again there are some further drafts which we have not put in here. The Tribunal can look at then and see the way it has gone through. The order is finally issued. It is to be noted in the first copy in this second exhibit that it was submitted with a blank date for July, and then the date was filled in, and the final copy which we have here, which is the only one we have reproduced, is signed by Keitel as the Chief of the High Command of the Wehrmacht, and this final copy appears at page 75, and again it has the same order number, 009074/44, and it is dated 30 July 1944, Fuehrer Headquarters.
"Treatment of members of foreign 'Military Missions' captured together with partisans.
"In the areas of the High Command Southeast and Southwest members of foreign so-called "Military Missions" (Anglo-American as well as Soviet-Russian) captured in the course of the struggle against partisans shall not receive the treatment as speculated in the Special orders regarding the treatment of captured partisans. Therefore they are not to be treated as Prisoners of War but in conformity with the Fuhrer's order are the elimination of terror and sabotage troops of 18 October 1942.
"This order shall not be transmitted to other units of the Armed forces via the High Commands and equivalent staffs and is to be destroyed after being made of record.
"The Chief of the High Command of the Wehrmacht Signed KEITEL" Again the distribution is the same as it was in the various draft copies that were being marked over in the earlier exhibit.
487, the first copy again going to the Commander-in-chief Southeast, the defendant Weichs, and the sixth copy again going to Himmler's units.
In this connection I should like to direct the Court's attention to a document which has formerly been placed in evidence as Exhibit No. 225. This is the communication of 18 October, 1942, which is referred to here, the Hitler order with reference to the treatment of commandoes and that is at page 28 in the English Document Book 9, and it appears at page 41 in the German Document Book 9. And if your Honors will read the present order, the one of 30 July, 1944, and then refer to Exhibit 225, it is submitted that it is clear what the context of this order is.
I should also like to direct your Honors attention to the date here of 30 July, 1944, and recall to the Court the fact that it was early in June, 1944, at which time the first Allied landings were effected in the west, that is, the operation that commenced with the Normandy invasion.
On page 66 of the German, and 76 of the English, MOKW 1377, offered as Prosecution's Exhibit 489,- this is a directive of the Commander of the Fortress Crete, dated 14 August, 1944:
The subject is reprisal measures.
1.) The numerous raids on German motor vehicles, small detachments, etc. together with considerable own losses in the last period of time necessitate vigorous action by our divisions in order to force our will upon the Greek population and in order to prove that we can assert our power on the whole island. To this end discretion can no longer be observed towards innocent men, women and children. Quick action is the first condition for a successful vigorous accomplishment.
2.) In case of new raids on German soldiers, the villages concerned which are located in the vicinity are to be fired on by concentrated surprise fire bursts of the artillery. It may be useful to encircle the villages with our own troops sometime after the firing in order to capture the bandits who may come to the rescue from the mountains.
3.) As a further measure the complete evacuation and levelling to the ground of villages with an especially hostile population may be considered. Intentions to this effect are to be reported promptly to the Commandant of the Fortress Crete in order that the economical affairs may be put in order.
Extension of the prohibited areas, the respecting of which is to be guaranteed by severe measures based on random surveys, and which has as its aim the limitation of freedom of movement for the Greeks. Proposals are to be submitted to the Commandant of the Fortress Crete.
4.) Extension of the curfew, jointly with the District Commandant, is at the discretion of the Division."
5.) "In Short, by quick and thorough action it must be made clear to the Greek population that the terror of the bandits will be answered by still stronger terror in reprisal.
A drive to enlighten the people is being started in the Greek press. By ruthless actions we must succeed in reducing essentially the activity of the bandits. (initial illegible) (signature) Muller."
The next appears on page 69 of the German and page 78 of the English, and is a series of extracts from daily reports of the OKH. The only part of the first one that we are concerned with is paragraph No. 3. This is dated as of 26 February 1944, and is a situation report. It is directed to the various Army groups, "A", "South", "Center", "North", etc., and here with reference to the Balkans:
"In the area of LXVIII Corps 200 hostages shot dead in reprisal for attack on one of our trucks." The LXVIII Corps at that time was commanded by the defendant, Felmy.
The next entry-
PRESIDENT WENNERSTRUM: It is Exhibit 490 is it not? MR. DENNEY: Yes, your Honor. 490.
PRESIDENT WENNERSTRUM:NOKW 1557?
MR. DENNEY: 1557, yes, your Honor.
Then turning to page 70 in the German, and 79 in the English, there is an entry again from the OKH to the same addresses, and this is Situation information as of 13 March, and again concerning the Balkans, and then under that, there is a note, "Army Group E" and under that;
"LXVIII Corps; In reprisal for band attack Southeast of Tripoli, a state of emergency was ordered for the civilian population, and 200 Communist hostages were shot dead."
Turning to page 71 in the German, and 81 in the English, both still in the same document, and Exhibit 490, the reports arc still from OKH and they are directed to the same people, and this is a report again from the Balkans of the situation as of 23 March:
"Situation Island of Solta: 264th Division succeeded in landing two companies on tho Island. The combing through of the Island has started.
Situation Island of Hvar: Since landing on 22 March, bitter fighting. The enemy has landed apparently 800 men on tho South Coast and after Artillery fire from the sea on the Northwest Coast near Starigrad. Our own forces on the Western part of the Island fought their way through in stiff battles to the Eastern part. The occupation Battalion was reinforced by a company (landing Eastern tip of the Island.)
The enemy stopped the advance of the 2nd and 5th Communist Division in Southwest Serbia in face of our counter-measures."
On page 72 of tho German text, page 82 of the English, the situation report for 2 May, still in 1144, still from OKH, and still addressed to the same people, again the Balkans, Army Group E, LXVIII Corps, under:
"Army Group E: Enemy losses during the past week: 526 dead, 163 prisoners."
The LXVIII Corps which is still, at that time, under the command of defendant Felmy.
"In reprisal for the killing in action of the Commanding Officer of 1st Fortress Infantry Division, 325 Communists shot dead."
Then I should like to direct your Honors' attention to the first line of that:
"In reprisal for the killing in action", to the words, "killing in action".
Turning then to page 73 of the German, and 84 of the English, still the same source for the document, and addressed to the same people, -- this is for 5 May, 1944, -- there is a note here that 2nd Panzer Army is listed under the Balkans, and then for Serbia;"Situation Southwest Serbia:
After successfully continued attacks against the remaining elements of the 2nd and 5th Communist Divisions, the mass of the enemy withdraws South having failed in his attempts to break through in the East and Northeast.
According to confidential reports increasing dissatisfaction in the Communist Division Group Koraca because of heavy fighting and losses.
In the remainder of Serbia increased Communist mobilizing activity in central Serbia".
Then on page 74 of the German, and 85 of the English, still on Document NOKW 1557, which is Exhibit 490, this is a report of the situation as of 11 July, again from OKH, and again addressed to the same Army Group headquarters, again a note of the 2nd Panzer Army, again in Serbia;
"In Banat 40 Communists shot dead in reprisal for an attack on a resettlement train".
Then turning to page 75 of the German, and 87 of the English, NOKW 089, is offered as Prosecution's Exhibit 491, this is a typed order of 13 August, 1944. The subject is:
"Kreuzotter" Leaving 4th SS police Panzer Grenadier Regiment in areas now reached is approved until the 20th of August.
Nevertheless, a withdrawal on short notice for other use must be guaranteed. it appears practical to raze the locality of Karpenision to the ground when the German troops finally move out so that it will be out of the question as a bandit strong point.
Then at the bottom is typed. "Oberbefehlshaber Suedost" (Commander in Chief Southeast) and the order number is filled in, and the date, and over to the left there is a certification by a colonel of the General Staff Corps which is illegible.
Then on pages 76 and 77 of the German, and starting at page 88 of the English, is NOKW-933, which is offered as Prosecution's Exhibit 493--
DR. LATERNSER: Your Honors, I do not know, and I am by no means certain of what the prosecutor just read as being the end of Exhibit 491.
MR. DENNEY: What I said about it was, to the left there was a certification that this was a copy and that "Oberbefehlshaber Suedost" was printed; that the order number was filled in, and the date was filled in, and that there is a signed certification to the left in handwriting illegible, by a colonel of the General Staff Corps.
DR. LATERNSER: Thank you.
MR. DENNEY: This Exhibit 493 contains extracts from the War Diary of Army Group E for the months of July and August 1944. The first one, up at the top, printed on the cover page of this War Diary:
"1st Copy - Chief of Army Archives "2nd Copy - High Command Army Group E (without enclosure) "3rd Copy - Wehrkreis Commander, XVII (without enclosure)" What it amounts to is "17th Service Command, without enclosures".This diary was begun on 1 July 1944 and concluded on 31 December 1944.
Then at the bottom is listed the people who kept the diaries, one, "Councillor Fink" and another, "Councillor Sokoll".
The first entry with which we are concerned is on page 78 of the German, 89 of the English, under date of 36 July 1944:
"'Weihe', without contact with the enemy. During 'Eule' in the area of Avlon (30 north of Athens) 17 bandits shot to death, three machine guns and other weapons captured."
Then for 31 July the entry as it is in English says, "22nd Mountain Army". However, I will submit it to the interpreters and ask them to translate it. That is a mistranslation. Dr. Laternser concedes that it should he "XXII Corps". The Roman numerals "XXII AK", which appear on page 89 of the English and on the fifth page of the document.
The corps numerals are always Roman numerals, at least in the German army and the American army.
"Line repair detachment attacked by hand west of Agrinion. Eight dead of our own, 14 wounded. Reprisal measure: 71 communists shot to death."
Then for 20 August 1944:
"Combat Group Eberlein scatters hand group northeast of Ardea. Larger enemy losses, a hand village burned down. Three hundred head of cattle and 50 vehicles with grain captured."
Then again on August 23, 1944, on page 79 of the German, page 90 of the English, it says:
"LXXXXI Army Corps" -- which is the correct translation -- "In reprisal for hand activity southeast of Larissa, three villages destroyed, near Platamon 24 hostages shot to death."
And then for the 27th of August 1944, for the operational group Arsakli:
"Transport of Band Suspects.
"Corp Headquarters LXVIII, LXXXXI Army Corps receives the following order (?) BVtO at 1330 hours:
"On 28 August, 1700 hours, a transport with 1,000 hand suspects leaves for the Reich territory. One must count on attacks on this transport by the hands. For the units employed for railroad security an increased degree of alertness is to be ordered."
Army Group E, of course, at this time was under the command of the defendant Weichs, XXII Corps under the command of defendant Lanz, and LXVIII Corps under the command of defendant Felmy.
Just for the record, I just called Dr. Sauter's attention to the translation which appears in the document as 22nd Army, and he concedes that it is a reference to the XXII Corps, as it involves his client Lanz. I beg Dr. Sauter's pardon for having referred the question initially to Dr. Laternser.
However, I Believe that it is a matter that is well enough known among any of defense counsel to take it up With them.
Then on page 80 of the German and page 91 of the English, Document NOKW-578, which is offered as Prosecution's Exhibit 493; these are extracts of the daily reports from July to September 1944 of OKH with reference to the execution of communists and bandits in Serbia and Greece, forced labor in Crete and other matters.
The first part with which we are concerned, the rest here, of course has to do with France; we are not in any way concerned with that. The first entry is one which appears on page 83 of the German and page 95 of the English. The heading here is: "Balkans, Army Group E," and under that is "XXII Mountain Corps", which, of course, at that time was commanded by the defendant Lanz:
"The demand submitted by a negotiator to the 10th Zervas Division to evacuate the coastal sector, to release prisoners, and to settle on a line of demarcation was refused by Zervas. The impression remains that Zervas is acting according to an agreement with the English."
Then there is a note with reference to the Second Panzer Army, and then under that, "Serbia":
"For reprisal against an attack on a train filled with people who were being resettled, 40 Communists were shot to death in the Banat."
Then we can pass page 96. The date of that earlier report is 11 July 1944, and it is submitted that it includes some dates prior to that. We may also pass 97, 98, 99, 100, 101, 102, and 103. Over on page 104, again the Balkans, Army Group E, and under that -- the date of this particular report of OKH is 30 July 1944.
Under Army Group E "XXII Mountain Corps", then commanded by the defendant Lanz:
"In reprisal for an attack on line repair detachment in area of Agrinion, eight dead of our own, 71 communists were shot to death."
And then down in Albania--
THE PRESIDENT: I think we shall take our morning recess at this time.
(A recess was taken.)
THE MARSHAL: The Tribunal is again in session.
DR. SAUTER: Dr. Sauter for the Defendant Lanz. Your Honor, I should like to call the attention of the Tribunal to the following fact. Again today it occurs that the same communication occurs again and again. For example, in this Document 578, which is at present under discussion, 71 Communists are mentioned twice - on page 91 and page 97 - who in the area of the 22nd Mountain Corps of Defendant Lanz were shot. These 71 Communists we heard about today for the fourth time. The first time these 71 Communists were mentioned in Prosecution Volume 20, German version page 12. Today, in Prosecution Volume 21, these 71 Communists are mentioned on the German Page 78, on German Page 97. That is four times, exactly the same shooting. This is of course not meant as a reproach to the Prosecution. That is what the documents say. But I wish to direct your attention to this example, so that you don't get the impression that these are four different cases. That is not the only time; this has happened repeatedly.
THE PRESIDENT: The Tribunal will give consideration to Dr. Sauter's comments and will keep in mind this statement made, and I think the Tribunal is conscious of the fact that there have been repetitious statements in these diaries of the same occurrence from time to time.
DR. SAUTER: Yes, Thank you.
MR. DENNEY: The Prosecution, of course, is aware of that. It is just that we get the same actions reported in different documents from different units and then going out in i formation reports, and we certainly will not take any figure and multiply it by anything.
Returning then to Document NOKW-578, which is Exhibit 493, on Page 91 of the German and 104 of the English, for Albania, is a note for the XVI Mountain Corps, at that time commanded by the Defendant Leyser.
This, again, is under date of 29 July: "The 1st Mountain Division, which is being transferred from the area Florina-Prilep to North Albania, is subordinated to the 2nd Panzer Army effective 31 July.
And on page 92, that concerns of the German, 105 of the English.
The next is on Page 93 of the German and 106 of the English, the entry for the Balkans, and this is the period from 26 to 31 July, noted 2nd Panzer Army, and under that Albania: "The attempt of 3 to Communist Brigades to invade Serbia via the Ibar River was repelled by a concentric attack on the part of the mass of the 1st Mountain Division West of the Ibar River. The enemy suffered heavy losses."
And then on Page 94 of the German, 107 of the English: "Balkans, Army Group E: Crete: During mopping-up operations, 50 persons suspected of belonging to bands were shot to death as a reprisal measure."
And then the next report is for 25 August 1944, the last entry on Page 96 of the German, 108 of the English, still coming from OKH: "Balkans, Army Group E: A total of 223 Bandits shot to death during a mopping-up operation on Crete."
And then Document NOKW-1641, which is Page 110 in the English, and 97 in the German, is offered as Exhibit 494. These are daily reports of Army Group E to the Commander-in-Chief Southeast, having to do with--or rather these are reports from the Commander-in-Chief Southeast to OKH for the period 1 to 25 August 1944, and during that time the Defendant Weichs was Commander-in-Chief Southeast.
These are all on telegraph blanks and bear the various stamps which appear on the English translations, The first one for 31 July, on page 97 of the German and 111 of the English, has reference to the XXII Corps commanded at that time by the defendant Lanz, and this is the one about which Dr. Sauter was just speaking.
"In reprisal for an attack on a telephone repair squad in the Agrinion area (8 dead, 14 wounded) 71 communists were shot."
It is signed by -- that is, it is typed for the Commander-in-Chief Southeast by his chief of staff.
The next one is for 14 August, again to CEE from the Commander-inChief Southeast by his chief of staff.
"Crete: During mopping-up in the area of Iraklion and Paleochora numerous arrests made, two band villages destroyed, 20 shot in reprisal."
The next one is for 15 August to and from the same headquarters as those previously read, page 99 of the German and 115 of the English:
"Increased band activity on the island." (Referring to Crete) "'Alarm Stage I' has been given.
"Mopping-up operation at the southern slopes of the Ida Mountains encountered well-established band positions in the area of Kamara. During reprisal measure in the Messara plain 50 band suspects shot."
The next one is dated 22 August, received at OKH on the 23rd, entry on page 100 of the German and 117 of the English, for the 91st Corps.
"During mopping-up in the Ardea area by components of Combat Group Eberlein, one band village and one band hospital destroyed."
And then a note about the 264th Division: "Band activity in the Channel, I and II unchanged. Eleven civilians shot in the restricted zone west of Marina by own reconnaissance troops."
Then for 23 August, again from the Commander-in-Chief Southeast, for Crete: "During mopping-up northwest and southwest of the Ida Mountains no enemy resistance.
"One hundred ninety-one bandits and band suspects shot, one band village destroyed. Fifteen hundred civilians are being resettled.
"LXVIII Corps:" (commanded at that time by the defendant Felmy) "North of Erseke during local mopping-up one band village was destroyed, 12 prisoners taken.
"LXXXI Corps: In reprisal for band activity in the area southeast of Larissa three villages were destroyed, near Platamon 24 hostages were shot."
And the last one for 24 August, page 103 in the German and 121 in the English: "Crete: During reprisal measures southwest of the Ida Mountains four band villages destroyed, about 200 persons selected for labor service."
And then NOKW-961, which is at page 105 of the German and 132 the English, is a teletype or typewritten, an extract from the Daily Report of Army Group E to the Commander-in-Chief Southeast of 5 September 1944:
"Area of the LXVIII Infantry Corps:" (That is the defendant Felmy.)
"On Euboa, supply convoy of North Caucasian Battalion 843 annihilated by bands south of Kymi. Forty own dead, all weapons and equipment completely lost. For attack upon Luftwaffe convoy (see yesterday's Daily Report) 186 suspects shot."
NOKW-664, which is at page 106 in the German and 123 in the English, is an extract from the War Diary of the Commandant of the Fortress Crete for 12 September 1944. This is typed and has a signature of a first lieutenant on it. It is dated 12 September 1944 and is an addition to the War Diary for the period 13 August-10 September:
"Our own operations took place in the second half of the month as counter-measures against the surprise attacks on truck transports, ration transports, shelters and guard posts in the first half of the month of August, above all in the region of the Ida Mountain Range and in the bandit territory of the western sector. The bandits retreated everywhere and withdrew into their hiding places. Our own operations covered, above all, the areas and villages which were proven to have supported the bandits in every way and in part had also taken part in the kidnapping of Lt. General Kreipe.