Androjia and Radovan is whose house nothing had been found, now could go home. Zivan and Duzan were taken in the direction of Valjevo, They only went as far as 400 meters.
Krstivoj Dragojlovic, also from Radjevo Selo reports that a group of German soldiers which had just arrived on the spot had brought along in manacles the son of Krstivoj, named Peter, 19 years of age and 2 nephews of Mihajela, 21 years old and Milan 18 years old. The three last named were put together with Zivan and Duzan, one spoke German, no one knows what was said. All five were led off the road to the front of the stable of Krstivoj about 200 meters away. A machine gun was in position, ail five were shot to death, the stable was burned down.
The five belonged to a wealthy esteemed family, up to now, no one in the entire village has joined the Communists. All directives and orders of the German authorities have been fulfilled minutely. My reputation as judge is endangered in the fact of the entire populace, since it is assumed that my brothers were shot to detah for Communist activities.
This gives Dr. Pantic a new means of propaganda."
The next page, page 127 of the English and page 98 of the German, is a report dated 3 October 1941, stamped "received" by the Infantry Regiment 724 on the 4th of October 1941. The document itself is a report on the Jaeger Kommando of the 2nd October 1941. The document itself will reveal how fiercely the war in Serbia was fought...The enemy fought fiercely, but note the indiscriminate way in which the Germans retaliated. The Commander is Lt. Voelker. "Strength:--" I think we do not need to read that, Your Honors. "The Mission", I think we can read into the record, "Reported were five fuming vehicles of a convoy coming from Belgrade about 25 kilometers outside of Kragujevac on the road Topola-Kragujevac. Some of the men dead beside the vehicles. Straggler are to be guarded, the dead to be collected and the bandits to be found and annhilated. Departure: 14.30 hours with 2 passenger cars, 7 trucks, 4 motor cycles.
Return: 21.45 Hours. Course of Events, Success:
About two kilometers in front of the locality of the attack, a straggler of the convoy which had been attacked jumps into the road and gives a report on the course of the attack. All troops are scattered, some people killed, some fled East of the road in the direction of Kragujevac. At the place of attack five vehicles were found some of which were still on fire.
In the ditch next to them-dead: one officer, one Oberwachtmeister (Master Sergeant) and 5 men - parts of their equipment stolen. Security troops distributed immediately. The house on the ridge was set afire. Search Commando divided in strength of 2½ groups. The terraine was searched for stragglers and dead in a circumference of 1½ to two kilometers. East of the road behind the ridge, a low Oak forest and underbrush which is very difficult to enter due to creepers. In several places there were holes resembling nests. Nothing to be seen of the bandits. West of the road a gorge with thick deciduous forest and a rivulet with steep grades. Near this gorge, a heavily wounded man was found, who was dressed only in trousers and no boots. According to his statement a group of about 15 men some of which were wounded was driven by the bandits down into the bed of the rivulet and had been shot to death later beneath a white house which is visible from the road. After searching 25 more minutes we reached a little lea. a basin-like hollow with 14 dead German soldiers. All of them were more or less undressed. All boots, all tunics, almost all overcoats and all steel helmets except one are missing. Some of them even have been robbed of their linen and their trousers. A small heap of ashes shows that they burned all papers which seemed to be without value to them including some pay books, drivers licenses. Some of the corpses had been mutilated, skulls were bashed in, feet were cut to pieces, and faces were cut to pieces. The house situated 100 meters above this place was burned, the corpses were brought to the vehicles by Serbs arrested on my orders. The The Serbs were arrested as hostages.
When the column stopped, 19 farmers vehicles suddenly were behind cur column, For security and to protect ourselves against surprise, the drivers had to be arrested. After withdrawing the guards and security troops, I had all Serbs except three minors shot to death. The column returned to Kragujevac without being fired on.
Loot: None.
Experiences; See other side!
Experiences: The position of the dead and the reports of the wounded men lead to the conclusion that the men of the convoy limited themselves to defensive measures. This caused the bandits to scatter them into smaller units and they were forced to surrender after having been driven into the bed of the rivulet. The only possibility to come out victororious (in a skirmish with) a numerically superior gang of bandits is the attack and the greatest possible fire attack. The fact that the corpses have been robbed of all their clothing proves that the enemy tries under all circumstances to acquire possession of German uniforms. The distances of the vehicles in the attack convoy were normal and correct. The rest of the missing including a first lieutenant have apparently escaped; because further traces of blood could not be found."
signed: Voelker,Lt.
THE PRESIDENT: Before you proceed further, it is now 4:25. The Tribunal has some matters which are personal to themselves which require their attention; and therefore the Tribunal will adjourn at this time. We will adjourn until 9:30 tomorrow morning.
(The Tribunal adjourned until 0930 hours, 18 July 1947)
Official Transcript of the American Military Tribunal in the matter of the United States of America against Wilhelm List, et al, defendants, sitting at Nuernberg, Germany, on 18 July 1947, Judge Wennerstrum presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal 5. Military Tribunal 5 is now in session. God save the United States of America and this honorable Tribunal. There will be order in the court.
THE PRESIDENT: Marshal, will you ascertain if all defendants are present in the courtroom?
THE MARSHAL: May it please Your Honors, all defendants are present in the courtroom.
The persons in the courtroom will be seated.
DR. SAUTER: Mr. President, Honorable Judges, before we start the session this morning, I would like to ask you to let me make a personal declaration here. I am Dr. Sauter, for the defendants Lanz and von Geitner. I am not talking for the defendants but for myself as defense counsel. Mr. President, for months now we have waged battle which really seems ridiculous, but it is very important to us and it deals with the following. For a few months now it has been arranged that we defense counsels, when we leave and enter the courthouse, our possessions are searched; we are bodily searched. Repeatedly we have protested against this because, in our opinion, this does not comply with our station and with our manners. As spokesman for the defense, I have repeatedly had negotiations with several military and civilian authorities, and President Beals of Case No. 1, with whom I worked as defense counsel for the last month, has repeatedly tried to alter this situation. He did not succeed. We have been told repeatedly that this bodily search was done for security, police reasons, and we could have well understood that. However, we have been searched, as a rule, when we left the house -- that is, at a time and in a situation where reasons of security and police reasons could not really have mattered. As spokes man for the defense, I have then repeatedly tried to ascertain the real reasons why we are being thus controlled, and other people have told us again and again that a lot of things were stolen in the house and, therefore, also the defense counsels too, as well as everybody else, had to be searched.
Once we were told a driving belt was stolen and we were all searched as though we had swiped the driving belt. And at another time in the room of an American $18.00 was stolen during the day and consequently all German defense counsels were searched at the exit by the sentry as though they maybe had the $18.00. The manner of the search is that which really offends us -- insults us and which makes the execution of our job very hard to us and makes our life in the Nuernberg trials seem rather low. This search is carried out in this way. The sentry, often in a very tactless manner, searches through our pockets - the outer pockets; if one wears a coat, one has to take the coat off or open it and the guard puts his hands into the inner pockets of our coat. He puts his hands into the trouser pockets, and it happened to me repeatedly that a guard turned up my trousers right up above the knee to ascertain whether maybe I had anything hidden under my underpants. The competent authorities here have repeatedly tried to alter this situation, especially after I had pointed out - that is repeatedly - that this bodily search is carried out in an impossible manner, in front of everybody present. I myself have experienced cases where 100 or 200 civilians were gathered in front of the exit and watched as one or the other of the defense counsel was searched in this undignified manner. Then we were given a stamp on our passes - courthouse passes. This stamp was supposed to relieve us of this bodily investigation. It was well-meant, but the guards did not pay any attention to that at all. The guards just said that won't do and continued to search in an even more insulting and offending manner. The only thing that we actually achieved was that I myself as spokesman for the defense was two or three times called so that I was in the presence of Mr. Wartena and he was present to avoid the worst circumstances. President Beals received the consent that such searches should only take place in special circumstances against defense counsels and only in closed rooms, so that one would not be let down in front of the whole public.
That was carried out just once and then only half. Like a herd of cattle we were ushered into a cellar room and there we were searched again in the presence of hundreds of other civilians. The worst form happened last night. Last night with several of my colleagues I was in the adjoining school house where we have a mess and where we take our meals. When last night, with several of my colleagues, I left the house at the entrance, that is in the street right by the court, there was a Baltic guard. He knows us and he didn't say anything. In the street were two American soldiers. That is, in the street right on the sidewalk. One stepped up to me and without saying a word held me on both my sides and reached into my trouser pockets and went on to turn up my trousers.
THE PRESIDENT: May I interrupt? As I understood this, it happened outside the courthouse, outside the Palace of Justice. This last incident happened outside the Palace of Justice?
DR. SAUTER: Will you repeat, please?
THE PRESIDENT: This last incident happened outside the Palace of Justice?
DR. SAUTER: This case last night took place outside of the courthouse in an adjoining building of the courthouse where there is an American unit quartered - billeted. That is, quarters for American soldiers. And we were assigned these rooms for taking our meals, sir, but everything else which I described up to now happened in the entrance of the courthouse, the Palace of Justice. May I add something quite shortly? I then told the American soldier, since I didn't know whether he was a post, a guard, or whether he was just walking around the street and took special pleasure in it to insult a German defense counsel, I told this man that was forbidden. I went up to the Baltic post, who had a gun, and opened my briefcase and showed it to him so that he could convince himself that there was nothing in it except documents. He convinced himself and was prepared to let me go.
At that very moment the American soldier grabbed my jacket and started to shout - I don't know what - and dragged me, as though I were under arrest, up to the third floor. There he dragged me into a room, still holding my jacket, and let me stand there. In the room there were three sergeants who were just there playing cards. After about ten minutes one of them, one of these sergeants, asked what I wanted. I told him I didn't want anything, but I had to stay for another period and then a soldier came and took me down again to the ground floor and let me stand there. I then approached the German kitchen people and asked them whatever was the matter. And one of these kitchen people told me, "Well, there's a lieutenant over there who has ordered that everything has to be searched because so much was stolen in the kitchen and on other floors."
These are the facts of the case, Honorable Judges, I would like to submit to you, and...
And I would like to say in this connection that I do not feel that I am in the position to undergo any longer such an undignified treatment by American authorities in addition if that takes place in full view of the public. When I was searched yesterday, there were about twenty to thirty civilians standing around in the street who all watched when the Post searched me, how I had to hold up my hands and stand there while he searched around in my pockets.
Honorable Judges, when about a year-and-a-half ago I was asked by American officers to take over a defense post here, I was assured then that I would be under the protection under the American courts under all circumstances.
The International Military Tribunal has also repeatedly declared in session that we German defense counsel here had all claims to the protection of the Tribunal and when the Tribunal was not sitting any more then were entitled to protection by the control court in Berlin. Honorable Judges, I have to request you that you on your part protect us against such encroachments. I don't believe that there will be anybody in the United States who would approve of such a treatment of German counsels who have to function in your courts, and help you in forming such judgment.
DR. LATERNSER: Mr. President, just very shortly I would like to add this, that to me, that is, in public, in front of the building where any amount of people could watch, something similar happened to me. I had in full view of the public to hold up my hands and I was badly searched at this time; in the closest neighborhood there were at least thirty persons. There were about twenty to twenty-five adolescents who were very pleased, apparently, over this exhibition.
THE PRESIDENT: Speaking on behalf of this Tribunal, I wish to state to counsel for the defense that the proceedings and incidents which have related to this court do not in any manner meet with the approval of this Tribunal. The men who have been asked to serve as defense counsel apparently have been accepted as men of character, men of standing in their profession, and men whose integrity cannot be questioned.
We who are privileged to serve in a judicial capacity in the United States take a professional statement from counsel as being a correct statement and one upon which a court can depend. It is only after we find that a counsel has made an incorrect statement or an untrue statement to the court that we ever question a counsel.
On behalf of this Tribunal, I wish to state again that incidents of this character do not meet with the approval of this Tribunal, and I trust that counsel will not feel that these incidents are indicative of the attitude of the American people, generally, or of the American government. Incidents of this character are apparently the result of some individuals. I feel I should make this further statement, that this Fifth Tribunal has just been organized and has just started in the trial of this case. We have not been here in Nurnberg very long. We do not wish to be too officious in our attitude towards these matters or toward matters concerning the administration of the Palace of Justice too promptly, at least, but I can assure counsel for the defense that I shall take this matter up with the presiding judges of the other Tribunals and I personally will make a very sincere effort to see that incidents of this character do not happen again.
It is to be regretted that counsel for the defense are not placed not accepted in the same manner as counsel for the prosecution or the court. The court is not subjected to those indignities and I personally and I believe I speak for the members of this Tribunal when I say that there is no reason why the defense counsel should be subjected to it. It is to be regretted. We shall endeavor to see what can be done to correct it.
You may proceed with the further matters on behalf of the prosecution.
MR. FENSTERMACHER: If the Tribunal please, I should like to recapitulate very briefly the events of yesterday. The prosecution introduced -
THE PRESIDENT: Pardon me just a minute. Earlier in these proceedings we were advised that there would be submitted to this Tribunal and to counsel for the defendants a summary of each day's proceedings as presented by the prosecution. Has that been prepared for the proceedings as presented by the prosecution. Has that been prepared for the preceding days?
MR. DENNEY: I believe, your Honor is referring to the documents which have been submitted?
THE PRESIDENT: Yes, sir.
MR. DENNEY: Yes, your Honor, I have them. I have copies here. It is being stenciled now and I will give counsel for the defense one copy and the court a copy and the stencils should be up this morning within the next hour, and then I will be able to distribute stencils to all of the counsel for defense and a stencil copy for each one of your Honors.
THE PRESIDENT: That is all right.
MR. FENSTERMACHER: Your Honors will recall that yesterday we introduced the request of Field Marshal List to OKW Headquarters in Berlin for unified command in Serbia under General Franz Boehme. We also introduced the Hitler order giving Field Marshal List full powers to suppress the insurrection movement in Serbia an d authorizing the appointment of General Boehme and then we saw the List order which actually appointed General Boehme to be List's Plenipotentiary in suppressing the insurgent movement in Serbia. "We introduced several reports from subordinate units to 12th Army Headquarters, showing the execution of reprisal measures at ratios of ten to one to a hundred to one for each German soldier killed, before the issuance of the Keitel order of 16 September 1941 which was an OKW directive authorizing the execution of reprisal measures at ratios varying from fifty to hundred to one for each German soldier killed.
Before the court adjourned yesterday, we were reading from activity reports of the 704th Infantry Division which was subordinate to General Bader who was in turn subordinate to General Boehme who again in turn was Field Marshal List's representative in Serbia, We were on page 129 of the English document book, page 99 of the German document book, and I was reading from NOKW 1043 which was prosecution's Exhibit No. 67.
This is a report of the 724th Infantry Regiment dated 8 October 1941. It is a report on the commitment of a Jagerkommando on the 4th of October 1941. The strength of employment is listed and the mission of the unit, its departure and its return. Then under paragraph 5 of the document which is on page 130 of the English and on page 100 of the German, paragraph 3: Course of Events. I believe these next six lines were mistakenly omitted from the German document book. I will read the English text which is in the English document book and the interpreter will be able to translate these first six lines into German for the German defense counsel.
We have to pause a moment, your Honors, until the Secretary General gets the original document.
THE PRESIDENT: Let me supplement the statement that I made earlier following the comments made by defense counsel. This Tribunal desires desires counsel to know that they stand before this court on the same basis as counsel for the prosecution and I trust that we will by our actions and our demeanor show to you that you are accepted on that same basis.
MR. FENSTERMACHER: Your Honors, we have another copy of the document in question which we are now submitting to the interpreters to read the six lines question.
5. Course of events:..................
On 4.10.41, 0200 hours, I left Aragujevac in the direction of Kraljevo with three groups of the battalion. At the city limits of Kragujevac I met the detachment led by Lt. Sickel which two hours previously had encountered enemy machine gun fire about two kilometers further on the road to Kraljevo and which had turned back. In the vicinity of the place on which Sickel's detachment had been attacked, I met a Jagdkommando of the II./749 which likewise consisted of three groups and like myself had been assigned to search the terrain for dispersed and wounded men and then to advance to the railway tunnel leading along the way from Kragujevac to Kraljevo and which was located about 11 kilometers from Kragujevac. Together with this Jagdkommando, I drove beyond the place of attack on which a derelict truck of Sickel detachment was standing, about 3 to 4 kilometers in the direction of Kraljevo until we hit the road block. After having removed the road block which consisted of a stone wall situated in oblique position to the road, we continued about 500 meters. There a ditch ran across the street about 3 to 4 meters broad and 1 meter deep which had not been quite finished. At this spot we left the vehicles in the protection of two groups and we walked ahead along side of the road. After an additional 500 meters we ran across a second similar ditch behind which some men were moving. After we opened fire these men took to flight. After that we searched some houses situated West of the road which had been abandoned by their residents with the exception of one man, he was taken to Kragujevac and hanged. Two houses were set on fire, two Serbs who were within these houses were shot to death and the truck which had been left there was towed away. The truck showed many bullet holes on the sides. About 0700 hours, I returned to Kragujevac with my Jagdkommando.
Own losses: None.
(signed F. Barth Feldwebel and Deputy Battalion Adjutant Report on Jagdkommande of 10.
10.41.
Commander: 1st Lt. Jost Strength:
3/Infantry Regiment, 1 Officer, 4 Non-commissioned Officers, 36 men.
Mission: Search of the woods and of the houses situated to the right of the road Kragujevac - Kraljevo.
...........................
Course of events: The houses north of the hayloft were searched for weapons and the woods combed through up to the Northern edge about 1.5 kilometers. No persons could be arrested since the residents had fled before our arrival. I issued an order to burn the abandoned houses (about 12 of them). Some of them I did not have burned down since the high voltage current Kragujevac-Kraljevo leads about these.
Loot: None Experiences:
None (signed) Jost 1st Lt.The next portion of the same exhibit which begins on page 132 of the English and on page 101 of the German is a. report from Higher Headquarters for Special Corps 65, General Bader, Tacticial Unit and it goes to the Commanding General Plenipotentiary in Serbia.
It is dated 10 October 1941 and it reads as follows:
Commanding General-Plenipotentiary in Serbia The Commanding General of Higher Headquarters for Special Missions LXV had sent me to Topola on Wednesday 8.10.
41 to have Captain Fiedler Commander of III. Company 749 Regiment account the fact he did not carry out the order: to burn down the village of Gr. Milanovac, to seize hostages and to bring them back.
Captain Fiedler gave me the following explanation:
He had entered Gr. Milanovac on 5.10.41 about 17.30 hours and 120 hostages had been seized immediately. At sundown this mission had been carried out. Among these hostages there had been a Chetnik courier who stated during his interrogation that he had the order to report on that day to the local Chetnik leader. He had been unable to do so because this leader had not arrived as yet but probably would arrive on the following day. He, Captain Fiedler, was of the opinion he would be able with the help of this Chetnik courier and of the expected Chetnik leader whom he hoped to capture to ascertain where the Landesschuetzen Company was and then be able to effect their exchange against a corresponding number of hostages. He believed this to be the primary aim of his mission. Furthermore, he thought it would be senseless to burn down this village immediately on the same evening, because this would immediately destroy any hope of an exchange of the Landesschuetzen. He believed that it would have been absolutely all right to carry out that part of his mission on the following day in case the exchange would have been rejected.
On the morning of the following day, he received the surprising order to march off the the direction of Rudnik at 6 o'clock in the morning. The radiogram did not contain any reason for this. However, during the night, his radio station had monitored an S.O.S. from the direction of Rudnik. Consequently he believed that a detachment near Rudnik was in difficulties and that the order to go there was in connection with that. He clearly realized that it now had become his most important task to provide help for the detachment Rudnik and that the order to burn down the village would have to take second place. This assumption had been reinforced by the consideration that after having brought help to Rudnik, he no doubt would return via Gr. Milanovac. As such time he would be able to carry out the order to burn down the village even if the exchange of prisoners should at that time prove impossible. The hope to achieve that aim was a dim one however, particularly if the skirmishes around.
Rudnik doubtlessly had involved the band which was in Gr. Milanovac too. He was now faced with the question of how to dispose of the hostages. He realized that the march on Rudnik would be difficult and would be impossible without fighting. He knew that road blocks would have to be removed. If he took the hostages along guarding them would have decreased his combat strength. They would only be an impediment. Because of these considerations, he had sent a radio message as to what should should be done with the hostages now. He did not receive an answer.
As a result of these considerations, he decided to release the hostages as he was convinced that he could seize them again on his march back via Gr. Milanovac. Then he could take them to his point of departure and thus carry out, the orders he had received.
It has been established that the radio mentioned was actually transmitted but it was addressed to his regiment was was stationed in Kraljevo instead of to his division. The regiment could not estimate the situation and consequently did not answer. If the radio message had been sent to the division, he would have received pertinent orders. I told Captain Fiedler that one could understand his considerations regarding the exchange of prisoners, the burning down of the village, and the carrying out of this part of the order on his march back. Captain Fiedler could not know that it was intended to send him toward the Norht, without touching Gr. Milanovac again. In my opinion, this is an excuse for his behavior and for his omission to burn down the village before marching off. He could easily think that great sped was indicated in order to assist a detachment which had gotten into trouble near Rudnik.
However I told him that I could not understand his considerations regarding the taking along of hostages. If obstruction would have to be removed during the march, hostages would have been the obvious labor forces, would have served as a means of sparing the strength of his own men. Furthermore according to general opinion, taking along a greater number of manacled hostages who were distributed through the march column represented the best protection against attacks.
Hence I could not see any valid reason for his failure to carry out the order. Personally, Captain Fiedler makes a thoroughly soldierly impression, he wears the Iron Cross 1st Class, of World War I. He is Oberstudiendirektor (College Instructor) by profession. He was thoroughly aghast at my reproaches and told me that he not activated by any sentimentality. He was generally reproached for being too hard and ruthless against the residents of Kragujevac. He had tried to carry out his order as well as possible. He remarked on the fact that it was very difficult for him to co-ordinate the short radio message ordering him to march on without any reason or explanation with his mission he had received up to now. He had been completely under the impression that highest speed was required and he had behaved accordingly in order not to delay his advance and not to impede it in any way.
(signed) Krewisch Colonel and Chief of the General Staff For Corps Command 65, General Bader.
Continuing on page 135 of the English and 103 of the German we have the distribution by General Bader as Commander of the 65th Corps Command to his subordinate unit, the 704 Infantry Division of the well known 100 to one retaliation order. It is dated 13 October 1941:
"In the future 100 prisoners or hostages are to be shot to death for every soldier killed in action or murdered, and for each wounded man 50. For this purpose as many Communists, Nationalists, Democrats and Jews are to be arrested from each garrison area as one can be guarded without imperiling combat strength. Certified True Copy. Unterroffizer."
This is a distribution to subordinate units in Serbia of the titled directive of the 16 September 1941.
DR. LATERNSER: The deduction which the prosecutor draws from this order is not correct if one looks at the original. The original shows quite clearly that this order was merely sent to the 704 Infantry Division
MR. FENSTERMACHER: I was under the impression that all I had stated was that Higher Headquarters of the 65th Corps had distributed an order to the 704 Infantry Division subordinate to it for the execution of the 100 prisoners for each German soldier killed and for the execution of 50 prisoners or hostages for each German ' soldier wounded. I think you will be able to see in one or two documents later that the text is the same as the Keiter order of 16 September 1941.
DR. LATERNSER: I have to object even against these comments. The prosecutor should not assert this. He should prove it.
THE PRESIDENT: I think the prosecutor should limit his remarks to that which is shown by the evidence and to await making any deductions from these documents until his argument.
MR. FENSTERMACHER: Yes, Your Honor.
Now, prosecution Document NOKW-1341 which becomes prosecution exhibit 68. It is on page 137 of the English and page 105 of the German. This is the notification by the Armed Forces Commander Southeast to Task Forces Rosenberg of the Wehrmacht on economic and disciplinary matters to Commander Southeast who at this time was the defendant Felmy.
The document is dated 2 October 1941 and it has the receipt stamp of the 12th Army dated 3 October 1941.
"Effective 1 October 1941, Detachment Rosenberg is assigned for rations and quarters and for discipline to Commander South Greece. Lt Ritter von Ingram, the leader of the Detachment, is to make contact immediately with the Staff of the Commander Southern Greece. (signed) Foertsch. for Wehrmacht Commander Southeast, The Chief of the General Staff."
The Prosecution's next document is NOKW-458 which becomes prosecution Exhibit 69. It is on page 139 of the German and page 106 -- rather, page 138 of the English and page 106 of the German.
This is a directive of Field Marshal Keitel at OKW Headquarters in Berlin dated 28 September 1941. It is to OKH and to the Wehrmacht Commander Southeast. There were five copies distributed of which this is the second.
"Subject: Taking of Hostages.
"Because of the attacks on members of the Wehrmacht which have taken place lately in the occupied territories it is pointed- out that it is opportune for the military commanders to have always at their disposal a number of hostages of the different political persuasions:
that is, "1) Nationalists "2) Democratic Middle-Class and "3) Communists "It is of importance that among these are leading personalities or members of their families.
Their names are to be published. In case of an attack hostage of the group corresponding to that to which the culprit belongs are to be shot. It is requested that commanders be informed in this sense.
"(Signed) The Chief of the High Command of the Wehrmacht Keitel."
The second page of the document, on page 140 of the English and 107 of the German, shows the distribution of the Keitel directive by the Wehrmacht Commander Southeast. The distribution is to the Plenipotentiary Commanding General in Serbia, the Commander of Salonika Aegea, and the Commander of Southern Greece.
"Enclosed copy for further action in accordance with the political situation prevailing in the area. Please report action taken.
"For the Wehrmacht Commander Southeast, the Chief of the General Staff Foertsch."
Our next document is N0KW-203, which becomes Prosecution Exhibit No . 70, in an order of Field Marshal List dated 4 October to the Plenipotentiary Commanding General in Serbia, General Bader.
"The male population of the territories to be mopped up of bandits, is to be handled according to the following points of view:
"Men who take pare in combat are to be judged by court martial.
"Men in the insurgent territories who were not encountered in battle, are to be examined and -
"If a former participation in combat can be proven of them to be judged by courts martial.
"If they are only suspected of having taken part in combat, of having offered the bandits support of any sort, or of having acted against the Wehrmacht in any way, to beheld in a special collecting camp.
They are to serve as hostages in the event that bandits appear, or anything against the Wehrmacht is undertaken in the territory mopped up or in their home localities, and in such cases they are to be shot.
"All other unsuspicious men are to beled under guard into their home towns. In the most simple form they are to be obliged to offer the bandits no support of any kind and not to undertake anything against the Wehrmacht. The mayors of the individual localities who arc to be replaced, circumstances permitting, must testify as to the local residence of the individual.
"Men foreign to the region are to be held in the collective camps. The localities arc to be searched for weapons first.
"This regulation is to be made known to all the men named under paragraph 2. It is to be explained to them furthermore that the most severe measures of punishment will be used without further investigation against localities. above all against the male population of such localities in which or in the proximity of which bandits appear, bandits are supported, surprise attacks take place, sabotage acts take place or anything is undertaken against the Wehrmacht.
"It is to be explained to them further that similar treatment will be meted out to the male population of localities and to localities themselves from which men join the bandits, surprise attacks and sabotage acts arc practiced, or anything is undertaken against the Wehrmacht.
"Signed in the draft: List, General Field Marshal."
The next document is on page 143 of the English and page 110 of the German, Document NOKW-262 which is offered as prosecution Exhibit 71. This is an order of the Plenipotentiary Commanding General in Serbia. General Boehme, dated 6 October 1941 and it relates to the erection of a concentration at Zasaviza. The order is distributed to the Commander Serbia, Chief of Military Administration to the 65th Corps under General Bader and to the 342 nd Infantry Division.