The first one is dated 10 January and is addressed to the Wehrmacht Commander Southeast. And, this is the same, in substance, as the report on page 26 which comes from the, Your Honors will recall, is part of the exhibit 168 which is from the Einsatz or Security Police SD in Berlin, reports of their action in Serbia. This covers the period from 26 December 1941 to 5 January 1942:
"Enemy Losses: 504 dead, of these 252 by reprisal measures; 50 captured. 160 arrests in Belgrade.
"In addition, out of 926 active Serbian officers listed 486 were arrested. The rest could not be found.
"79 were released for health reasons etc. and 407 reported to the Reich.
"Own Losses: 1 German officer wounded. 1 Russian Factory guard shot openly in a Belgrade district. Here, the six murderers were hanged, resp. shot.
"Strength of Camps: On 5 January 1942 a total of 7,582 prisoners were held in detention camps."
And it is signed by Bader as Lieutenant-General of Artillery.
Then the report for the 20th from the same source addressed to the same persons: "In the boarder areas of Croatia our previous conception of the enemy situation was confirmed by the current operation being conducted there. An offer by the Bosnian Cetnik leader, Major Dangic, to the 342nd Infantry Division to conclude a kind of a non-agression pact was refused. Units of Dangic-Cetniks, 500 men strong, voluntarily reported to the German forces. Small groups offered resistance, the majority, apparently by order, avoided fighting contact with the German unit. Undisciplined Toiror Ustasca members are also forcing an increasing number of Croats to join the Cetniks by means of terror. 4. Own and enemy losses: (for the period 6 to 15 January) Own losses 9 dead, 48 wounded. Enemy losses: 191 dead, of these 185 by reprisal measures, 247 arrested in Belgrade." And the distribution list is included here: the Wehrmacht Commander Southeast, the 65th Corps Command, and so on.
30 January 1942, the last of these three reports. The third ten-day period, again to the Wehrmacht Commander Southeast, on page 34 of the German and 39 of the English. "Losses and Booty from the 16th to the 25th of January. Own losses: Germans, 25 dead, 125 wounded, 1 missing 64 sick, 337 from exposure to the cold," and the totals which I need not read, which appear on the next line. "Enemy losses: dead 761, wounded 33, prisoners 1,471, of these (25)...." and on the original, there is the notation "S" equals reprisal measures. "Liberated prisoners: Croats, 168, Italians 104. In Belgrade from 16 to 25 January 1942, 107 arrests. Distribution on the draft:" and it is signed by General Bader.
Turning then to page 35 of the German text and 40 of the English, NOKW-1093, which is offered as prosecution's Exhibit 171 in evidence. This is a radio message from the 718th Division to the 697th Infan try Regiment, dated 1 February 19 -- dated 31 January '42 and received the following day, 1 February.
"All men in this region are to be considered insurgents, and insofar as they do not carry arms they are to be handed over to the Croatian Wehrmacht."
And page 42 of the English and 36 of the German text, NOKW -887, becomes prosecution's exhibit 172 in evidence. This is a report of Enemy losses in Croatia for the period 1 September '41 to 15 January 1942, and based on Daily or 10-Day Reports. "Killed in Combat 7,904, reprisal measures 12,196, Booty: rifles 3,903, guns 9, machine guns 88, tanks 3, horse drawn vehicles 85, motor vehicles 28, motorcycles 6. Large amounts of ammunition, other equipment, crude metals, fuel." And it is signed by Pfafferott, and below the signature, bears the stamp of the 12th Army, received on the -excuse me a moment. And it appears to be 7 February, 1942. It may be 17, I don't know. We will pass it up to Your Honors. And it is submitted that the defendant Foertsch has placed his initials on the top of this report, his name. That is the signature which Your Honors have seen before. Whether it is 7 or 17, I don't know. I think it is immaterial. It says 7 in the English, and I believe there is just as much basis for arguing one way or the other. The "1" does not appear to be sufficiently close to the "7", and it looks as though it may be the edge of the rubber stamp. In any event, it was stamped by the high command of the 12th Army as received no later than the 17th.
JUDGE BURKE: You made a slight error in the pronunciation of the name of the signatory.
MR. DENNEY: No, sir, I did not maintain that it was signed by Foertsch. I said that the signature----
JUDGE BURKE: I am referring to the name "Pfaffmatt", and you pronounced it "Pfafferott".
MR. DENNEY: I am sorry, sir, it had been changed on mine from "Pfaffmatt" to "Pfafferott", and the German original shows that the order of the battle officer in question is named "Pfafferott", not "Pfaffmatt".
JUDGE BURKE: That should be changed?
MR. DENNEY: Yes, Your Honor. I thought that had been done in your books. (Spelling) P-f-a-f-f-e-r-o-t-t.
Then on page 37 of the German text and 44 of the English, NOKW - 1095 is offered as Exhibit 173 in evidence. This is a report -- excepts from a report of the Commanding General Plenipotentiary in Serbia to the Wehrmacht Commander Southeast. Daily Report of 4 February 1942: "Combat activity of the 718th Infantry Division Group Ease arrived at its target of the day. On 2 February, 62 suspect persons were arrested, on 3 February, 69 prisoners were taken, two Cetniks shot to death, booty consisting of light arms and ammunition. Cetniks flee individually into the mountains. 3 February, 12 arrests in Belgrade. In the month of January 449 reprisal prisoners shot to death. As reprisal for German losses 3,484 shootings ordered, carrying out to commence immediately. Temperatures around zero, showing at times, traffic situation unchanged."
And then on page 38 of the English and 45 of the German -38 of the German and 45 of the English-- is NOKE -945, which is offered as Prosecution's Exhibit 174 in evidence. This is a teletype from the Armed Forces Commander Southeast, the defendant Kuntze, to the Commanding General - Plenipotentiary in Serbia, dated 6 February 1942. "All subordinate units including the Bulgarinas are to be instructed that all reprisal measures and / or counter measures taken immediately or intended are to be included in reports regarding sabotage attacks, and so forth. The treatment of prisoners in the course of operations requires application of a more severe criterion.
Prisoners taken in combat can not be innocent. People who loiter in the combat terrain and are not in their residence..." first the words "must" were there, then it was edited and the words "will be mostly" were inserted..." considered as having participated in combat and consequently...." first the words "will be" were there, and they were edited and "must accordingly" was written in..." be shot to death. The mile conception of the troops is to be combatted most rigorously in view of the same conception during the past summer and the ensuing consequences." Then below that are some initials which are illegible, and then typed below that is: General of Engineers, Wehrmacht Commander Southeast, AOK, Army High Command, 12th, and then the numbers "431 slash 42."
And the second page of the document appears to be a later copy and if your Honors will compare them you will see that it has been edited according to the crossing out and handwriting editions which were called to the Court's attention in the first instance. I do not think there is any need to reread the document but it bears at the bottom of it: "Signed in draft" in type, and then is typed the word "Kuntze", Lieutenant General (Engineers), the German "General der Pioniere," and "Wehrmach tsbefehlshaber Suedsot AOK 12" and the order number "431/42" and over to the left is typed, "Certified true copy," and then a signature which says below it "Hauptmann" or "Captain."
Then on page 39 of the German text and 48 of the English Document NOKW-1102, which is offered as prosecutions's exhibit 175 in evidence. This is an order from the 704th--714, seven one four, Infantry Division, 15 February 1942. The subject is: "Reprisal Measures for Sabotage and Attacks." It refers to a prior order of the Division issued on the 28th of December 1941 and a prior order of the Commanding General Plenipotentiary in Serbia issued on 8 February 1942.
"The strict execution of reprisal measures" -- and it says in brackets under that "not transmitted" --"The strict execution of reprisal measures has been shown to be the correct measure. The more successful we are in hitting those who are actually guilty, the more impressive the effect of the punishment.
"The basic directives regarding reprisal measures are treated in enclosure 3 of the directive referred to.
"Particular attention is called to the following points:
"In cases of sabbotage and attacks all participants and accomplices are to be shot to death at the locality of the incident by the troops committed there under the responsible command of the commander and or company commander - i.e. in so far as the interrogation of individuals is not deemed important.
Hanging at the locality of the incident has a particularly intimidating effect.
Persons who are encountered in the combat terrain during the fighting are to be arrested and to be investigated (to be Interrogated). Depending on the result of the interrogation they are to be released or sent to the competent district headquarters as prisoners for the reprisal measures (copy of interrogation to be sent along).
"Prisoners can be taken only in exceptional cases since every insurgent and or a person supporting the insurgents is to be shot to death.
"Women participating actively in combat - with or without weapons are to be treated like male insurgents. Women who are suspected of having supported the fight are to be detained for court martial sentence.
In cases of sabotage or attack the reprisal measures taken are to be reported immediately in the daily reports. I expect careful observation of this directive."
"Signed in draft" -- the signature is illegible. That is withdrawn. It says: "Signed in draft," printed "(Signed) Stahl." There is no "illegible signature" there. That is a mistake -- and then to the left: "Certified true copy, (Signature illegible) Major," and "Distribution" lists the two regiments, artillery battalion, and so forth.
And then, turning to page 41 in the German and page 51 in the English, NOKW-1098 is offered as Exhibit 176 in evidence. This is an except from daily reports from the Plenipotentiary Commanding General in Serbia Bader to the Armed Forces Commander Southeast, the defendant Kuntze, the Daily Report of 14 February 1942:
"12 February. 147 inmates of reception camp Nish have broken loose. 42 shot, 105 escaped. 1 guard dead.
"13 February. Attack with explosives on line Moravic - Visnicevo."
"(Signed) The Commanding General Plenipotentiary in Serbia."
Then the report of 15 January 2, 1942: Assault squad of armored railroad train 23 searched Markovac and Crkvine, seized ammunition and burned down houses. Serbian volunteers in combat with about 200 insur gents East of Lom.
10 Enemy dead, 1 volunteer wounded."
And then the report for the 18th of February -- these signatures here are all typed:
"718 Infantry Division: Reinforced Infantry Regiment 750, early today started advance from Dudica against Prijedor. First contact with the enemy already 2 ½ kilometers South of Dubica. Bulgarian mopping up operation in the area South of the Prokuplge-Doljevac is being continued. Additional losses: Bulgarians: 11 dead 14 wounded, 3 missing. Enemy: 68 dead, 36 arrested. Arrestees shot to death after interrogation. During the withdrawal the insurgents took along all wounded and a large number of dead. On 16 February Serbian Auxiliary Police action against insurgents South of Bukuljabex. 17 enemy dead, 60 badly and slightly wounded and six prisoners shot to death. Pursuit of the band in a Western direction taken up by III Battalion 721 Infantry Regiment. Attack under way on the band encircled in Planinica 741 Infantry Regiment made search of village and district of Valjevo, 1st Company of the 721 Infantry Regiment Pinosava, 11 Company/721 Infantry Regiment Gorovic 41 suspects arrested and turned over for martial law investigation.
Near Kumane and Milinci 2 acts of sabotage. 1 culprit shot to death immediately, 93 arrests by police organs for the execution of reprisal measures. 17 February Belgrade, 43 arrests."
And again, as in all three of these reports, the signature is typewritten.
On page 43 of the German and page 54 of the English is NOKW-1255which is offered as prosecution's exhibit 177 in evidence. This is again a series of reports from the Plenipotentiary Commanding General in Serbia to the Wehrmacht Commander Southeast. Under date of 10 February 1942 he reports:
"Croatia: Worth considering seems to be the parachute jump during the night 4/5 February near Kosutica by an English Major and an English as well as two former Jugoslav Sergeants from a British plane which supposedly flew from Alexandria.
It was possible to capture the parachutists. Material dropped could be secured.
5) "Losses during the period 26 January 5 February 1942: Germans: 8 dead, w7 wounded; Croats: 4 dead, 7 wounded; Enemy: 128 dead, 318 arrested, in Belgrade 152 arrests, 3484 retaliations ordered."
And then the distribution list.
And then again for the 20th from the same source to the same addressee: "Losses during the period 6 -15 February 1942"; the German losses 5 dead, 2 wounded; Croatians: 60 dead, 92 wounded, 229 missing; Bulgarians: 4 dead, 7 wounded, 783 dead; 281 arrested, 181 arrests in Bedgrade, 3484 executions by shooting are being carried out."
Then turning to page 45 in the German and 57 in the English Text is Document NOKW-1147 which is offered as prosecution exhibit 178 in evidence. This is a appendix to the operational report of the 718 Infantry Division with reference to the treatment of elements of the population. It is dated 20 November 1942 and was received 20 February 1942.
I believe there's an error in the text, if your Honor pleases -yes, the figure on the date should be 20 February. They have used the Roman numeral "II" for the month and if your Honors would care to look at the figure "1" appearing in "1942" it is obviously an Arabic figure and the figures "II" appearing for the month are Roman numerals. It should be 20 February 1942, the date as in the upper right hand corner, if your Honors please -- the day, then the month, and then the year.
THE PRESIDENT: The interpretation should be February 2, 1941?
MR. DENNEY: If Your Honor please, I believe it is 2 zero, roman numeral II, 1942, is it not? I had read it into the record "November" which I believe appears in Your Honor's book, and which I believe is an error.
THE PRESIDENT: It is February in our book.
MR. DENNEY: Over to the left appears the stamp of the 718th Infantry Division received 20 February, 1942:
Insurgents destroyed the railway line Banja-Luka-Prijedor at several places. Thereby the task of the Landesschuetzen Battalion 923 has come to nothing. So as to get the Landesschuetzen 923 out of Prijedor the 718th Infantry Division shall make an attack from Dubica on Prijedor.
I shall take over leadership of this operation as soon as I arrive in Dubica.
Instructions for battle: Cleaning up of the area is to be carried out only in so far as it is necessary for the given task.
Detection of the enemy is made difficult also in this operation by the known circumstances. All male Serbian inhabitants from 16 to 60 years of age are to be treated as if they were found in combat with us arms in hand. The Serbian villages on both sides of the road of advance are to be burned down - if we do not need them any longer as accommodations.
The report is signed, the signature is illegible, but Your Honors can see that there is some signature on it, and it is submitted by the prosecution, that it is that of the Commanding General of the 718th Infantry Division, one, "F-o-r-t-n-e-r".
On page 46 of the German, and page 59 of the English text, Document NOKW 1197, offered as Prosecution's Exhibit 179. These are some additional daily reports from the Commanding General Plenipotentiary in Serbia to the Wehrmacht Commander Southeast, all bearing dates in February, 1942.
The first one, 21 February, 1942:
"Within the framework of the reprisal measures ordered 570 Communists were shot to death in the area Maljene Suvober by the Serbian Auxiliary Gendarmerie.
On 19 and 20 February in Belgrade 20 arrests were made."
On page 46 of the German, page 60 of the English:
"Final report of the operation south of Prokuplje: Bulgarians 16 dead, 14 wounded; Enemy, 302 killed in combat, 403 prisoners shot to death. Enemy losses are probably considerably higher."
"In Gr. Strzava 36 Insurgents shot to death. On 21 and 22 February in Belgrade 16 persons arrested."
Under date of 25 February 1942:
"In Grn. Tresnjevica, 110 Communists were shot to death within the framework of reprisal measures."
Under date of 27 February, 1942:
718th Infantry Division: 3rd Battalion 741st Regiment, 9 Insurgents taken prisoner among them the bandit leaders Boruta and Simic, for purpose of interrogation not yet shot to death. The Insurgent Group Gvozdenovic was destroyed by the 3rd Battalion of the 741st Regiment. 107 enemy dead, among these the bandit leaders Soda, Popovic and Mile. 18 prisoners, for purpose of interrogation not yet shot to death. Booty: 5 light machine guns, rifles and ammunition, copious amounts of written matter. From 1 to 26 February enemy losses caused by the 714th Infantry Division were in all 679 dead!
And these again are just typewritten copies. There is nothing to show that there is a signature on them.
Then on Page 48 of the German, and 62 of the English, NOKW 1125, which is offered as Prosecution Exhibit 180, this is an activity report, extracted from the War Diary of the 704th Infantry Division for dates in January and February, 1942. Under 11 January 1942:
Engineer company 704 sends 5th report on the company's labor forces in the coal section north of Pozarevac: The production figures fell somewhat, because an airshaft caved in on 24.
12. A general overhauling of the airshaft is extremely necessary. To load the coal produced on peasant carts to the Pozarevac railway station is uneconomical and quite difficult. (Foot-and-mouth disease in several localities.) The workers made available for forced labor by the concentration camp Sabac, were not fit to work, because of lack of clothes and because of vermin and illness; they were returned to Savac on 25.12.
4 February 1942:
Dept. Ic submits report on the captives delivered to the SD-Belgrade. Until 3.2.42 161 partisans, 17 Jews and 2 Jewesses were handed over.
16 February 1942:
Division publishes decree of the Plenipotentiary Commanding General, according to which all insurgents participating in a battle are to be shot. According to this prisoners can only be made in exceptional cases, when an interrogation becomes necessary. After the interrogation the prisoners are to be shot immediately. These are to be differentiated from "reprisal prisoners" and "hostages."
At this entire time of these entities this Division Headquarters was located at Pozarevac.
Turning to page 58 of the German, page 65 of the English, Document No. NOKW 897, it is offered as Prosecution Exhibit 181 in evidence. This is a communication and order from the Commanding General Plenipotentiary in Serbia, Belgrade, 18 March, 1942:
Revising the order valid heretofore, captured insurgents must not be shot to death unconditionally, but may be sent to Concentration Camp Sabac, later Semlin. From there, they will be sent as laborers to territories of interest to the German Reich.
In as far as insurgents are ready to surrender unconditionally they may be informed that they will not suffer the death penalty as before.
It is in the interest of general pacification that the insurgents be informed of this possibility.
This decision also takes care of the inquiry of the 714th Infantry Division Ia. No. 259/42 secret of 11 March.
The original is typed, "Signed, Bader".
On the original it is typed again, "General der Infanterie" and of course he was not. He was a Lt. General of the Artillery, but below it, very faintly, if Your Honors will look at it, "Artillery" is written in German, and to the left is typed "Certified true copy" and signed by a Lt.
JUDGE CARTER: Mr. Denney, this order addressed to the Commanding General and Commander in Serbia, isn't that, "Bader"?
MR. DENNEY: It is not addressed. That is just a heading of it, Sir, like a heading on a paper. It is an order of the Commanding General and Commander in Serbia, signed by Bader. It is just the heading that appears at the top, even as an address would appear on a civilian communication, and throughout all of these orders, we have had a great many where the title is at the top.
For instance, this one just before, from the 718th Infantry Division to its units, if Your Honors will recall, on page 57 of the English, at the very top there, appears 718th Infantry Division, and it is signed by someone for the Division.
I think if Your Honors will look at the photostat of the original which is now being handed to Judge Burke, it will be clear.
JUDGE CARTER: It is rather misleading to have that appear right at the point where the address is generally placed in a letter.
MR. DENNEY: Yes, sir. I am sorry it is so close. That is just a mechanical matter in the typing, and we have tried to indicate to the Court at any time when it was addressed to someone.
I particularly would like to call the Court's attention to the fact that "Infantry" does appear there typed, although he is a General of Artillery, and that it is certified as a true copy and, "Artillery" is written very faintly in either pen or pencil in German below the word "Infantry", and the certification is by Lt. Colonel of the General Staff, Corps.
The distribution list which shows to whom the communication is directed:
"All divisions;
All Home Defense Battalions;
All Administrative Sub-Area Headquarters;
All District Headquarters;
Administrative Staff, Ia, Ic."
Then turning to page 51 of the German, page 67 of the English, NOKW 1080, which becomes Exhibit 182 in evidence, this is dated 18 March 1942.
This, if Your Honors please, is the same order as appeared before, and on the bottom there is the addition which shows that it is distributed by the 718th Division, and this is put in so that Your Honors can see the way these orders go through. On this copy the certification by the Lt. Colonel of the General Staff is typed, and on the copy which the 718th Division sends down, there is a further certification by an officer of the Division, and at the very bottom of the page the distribution list is contained. "This decree is only valid when the division is not actually fighting with insurgents".
I would like to submit this to Your Honors, and here it is signed for the Division Commander by Dr. Ulrich,Major.
Please hand it to the Court so that they may see it.
MR. DENNEY: And then on page 69 is Document No. NOKW-1077, which is offered as Prosecution's Exhibit No. 183 in evidence. This is an excerpt from the daily report of 19 March 1942, from the Commanding General and Commander in Serbia, to the Wehrmacht Commander Southeast, a copy to the German General in Zagreb. "500 Jews transported from Kos. Mitrovica to Semlin." And then turning to page 59 of the German text and page 70 in the English text. I have a note here that the German Document Book is in inverted order. So, if Dr. Laternser or one of his associates would look at the next document, which is No. NOKW-835, which we offer as Prosecution's Exhibit No. 184, perhaps they might like some time to place their document into proper order. (Approximately two minutes taken by Defense.) This document is directive from the Wehrmacht Commander Southeast, the Defendant Kuntze, dated 19 March 1942, and the subject is "Combatting of Insurgents in Serbia and Croatia," with one enclosure. The order number is Ia No. 500/42, and there are 100 copies of which this is the 100th copy.
1.) "Consideration must be taken that in spring the larger scale insurrections in Serbia and in that part of Croatia which is occupied by German troops will begin.
"The overall situation requires that in this area quiet and order be preserved under all circumstances. For this purpose all means are to be employed which lead to success. One cannot count on the bringing up of reinforcements.
2.) Pertaining to this I order:
a) "In Serbia each reinforced Infantry Regiment is to be assigned a definite territory.
"The Regimental Commander is fully responsible for quiet and order in this area.
"All troops situated in this area are to be subordinated to him tactically. The SD, the Waffen-SS and the Serbian Police Forces (including auxiliary forces) subordinate to the latter, are to be instructed to cooperate as closely as possible with the above. For combat activity he disposes over all forces within his area.
"After pacification of Drina triangle east of Regotica and of the Ozren-Plateau has been carried out, the same procedure is to be applied in Croatia.
b.) "In addition to a continuous patrol service, continual surprise operations are to be carried out in quiet areas for the supervision of the area and as mopping up operations.
c.) "Instruction is to be given again to all members of the German Wehrmacht in Serbia and Croatia regarding the significance of their duties for the overall situation in Serbia and Croatia and regarding their behavior in case of attacks. Here it must be accentuated that initiative and action is required of each German soldier, that he may not, no matter what the situation, negotiate with the insurgents and that he is never permitted to surrender.
"I expect troop leaders of all ranks to show special energy and ruthless action as well as to commit fully their own person for the duty with which they are charged, which is to preserve quiet, order and security by all means. All soldiers who do not follow orders and who do not act decisively are to be called to account.
"By means of brutal police and secret police measures, the formation of insurgent bands is to be recognized in its inception and to be burnt out. Captured insurgents are to be hanged or to be shot to death as a matter of principle; if they are being used for reconnaissance purposes, it merely means a slight delay in their death.
e.) "The disarmement of the population is to be continued. Only the state guard and factory guards retain their arms to the extent authorized. The reorganization of the gendarmerie and the absorption of the auxiliary gendarmerie, as well as that of the units loyal to the government, by the above is to be speeded up.
f,) "The state guard, its Serbian auxiliary forces and factory guards require supervision. Passive behavior, for instance permitting one's own is to be punished immediately by effective penalties! On the other hand it is recommended to offer rewards for courageous behavior and corresponding decisive action.
g.) "Full exploitation of the Serbian Government which is justifiably interested in an active cooperation.
3.) "I again refer to Directive for the Combatting of Partisans (Commander in Chief of the Army/ Army General Staff/ Training Section) (1a) - No. 1900/41 of 25.10.1941, distributed with the Wehrmacht Commander Southeast Ia - No. 2759/41 Secret of 22.11.1941). This must become common knowledge among the troops."
The most important directives are again summarized in the enclosure.
4.) "Commanding General and Commander in Serbia reports:
a.) "To 10.4. that this order and enclosure is known to all Battalions and other Commanders. The Bulgarian Occupation Corps also is to receive sufficient copies. Simultaneously a map with the outline of the areas of the Division and Regiments is to be submitted.
b.) "Specific experiences and suggestions as they occur."
MR. DENNEY: And then there is a handwritten initial, and it is signed "Kuntze, General of the Engineers." And then follows a distribution list that the first 90 copies go the Commanding General and Plenipotentiary General in Serbia, that the 91st copy goes to the German General in Zagreb, and that copies 92 to 100 go to the Staff of the Wehrmacht Commander Southeast, the Defendant Kuntze, the author of the letter. And it is submitted that the initial of the Defendant Foertsch also appears to the right of the typing, "General der Pioniere." Now, the enclosures start on page -- the following page in the German which I believe is page 53; I am not sure -- it is page 73 in the English. Do you know, German Counsel, where the enclosures start in the German? My book is improperly numbered here. It is "Directives for the Treatment of Insurgents in Serbia and Croatia General." And this has on the top "Enclosures to the Wehrmacht Southeast and Commander in Chief 12th Army Ia - No. 500/42 Top Secret of 19.
3.1940."
"Directives for the Treatment of Insurgents in Serbia and Croatia General.
1.)...........
"The more unequivocal and the harder reprisal measures are applied from the beginning the less it will become necessary to apply them at a later date. No false sentimentalities! It is preferable that 50 suspects are liquidated than one German soldier lose his life."
MR. DENNEY: And then omitting a portion and coming down to details.
"Details" As for our own combat activity one must differentiate between the regular patrol service, the small-scale operation and the large-scale operations.
a) It is the purpose of the patrol service to supervise the entire territory continuously. It is to be carried out continuously over continually changing areas by patrols capable of combat who are as mobile as possible (mounted, with bicycles, etc.). Houses and farms are to be searched according to plan! Weapons are often hidden in hay or straw beds. Journeys with armored trains for checking purposes on all railway tracks.
b) It is the purpose of the small scale operation to annihilate small bands in reported rest areas, camps and billets, to check suspect villages and to carry out reprisal measures. These small scale operations are to be executed continuously. They are dependent in considerable measure on surprise.
The following procedure seems practicable when a band nest has been reported.
Alerting of the unit in the evening or during the night.
March or short railroad ride (detraining if possible between stations! near the target preferably without vehicles) Marching toward the target from different directions preferably across country without making investigations on the way, short preparation (no noise!then attack.
Bad weather conditions favor the surprise.
The large scale operation will be ordered by the Commanding General and Commander in Serbia or by Wehrmacht Commander Southeast and has as its purpose the annihiliation of stronger bands.
Then omitting some, and then we go down to the last paragraph before the paragraph numbered six which starts:
If the presence of mines is suspected the clearing up is to be done as far as possible by insurgents or by the Serbian population.
The same applies to road blocks, destructions, etc.
And then paragraph numbered six which applies to reprisal measures:
"R e p r i s a l m e a s u r e s are to be carried out immediately subsequent to the deed.
The following applies basically:
Rebels captured carrying arms are to be shot to death or hanged, as well as everyone of their followers or whoever is supporting them, or has supported them.
Villages in which arms or ammunition are found or from which the Rebels have been aided or abetted in any way are to be burned down. Villages in the neighborhood of which attacks, destruction, blasting or other acts of sabotage have taken place and if they are strongly suspected of having served as a support for the Insurgents, are to be destroyed. Deportation of the population into concentration camps may also be practicable.
Villages with Communist Administration (handwritten: are to be destroyed and men are to be) taken along as hostages.
If it is not possible to produce the people who have participated in any way in the insurrection or to seize them, reprisal measures of a general kind may be deemed advisable, for instance the shooting to death of all male inhabitants from the nearest villages, according to a definite ratio (for instance 1 German dead -100 Serbs, 1 German wounded - 50 Serbs)
DR. MENZEL: Menzel for the defendant Kuntze. The document which has just been read is an order which is rather important for the defendant Kuntze, since it is being changed to him and since it is very important. I have only just now received the document. It contains also a draft of the order which besides voluminous directives may well not be the original but just a draft. I therefore ask to make a short recess so that I may have a chance to look at the document closely.