M. DUBOST: I thank the Tribunal for sparing me the reading of it.

On 7 October 1942 a communiqué of the OKW, disseminated by the press and

radio, announced the decision taken by the High Command to execute

saboteurs. On Page 26 the Tribunal will find in the document book

extracts from the _Völkischer Beobachter_ of 8 October 1942 (Document

Number RF-364):

“In future all terrorist and sabotage units of the British and

their accomplices, who do not behave as soldiers but as bandits,

will be treated as such by the German troops and shot on the

spot without mercy, wherever it may be.”

Under the Exhibit Number RF-365 (Document 1263-PS), we submit the

minutes of a meeting of the General Staff of the Wehrmacht, dated 14

October 1942. Paragraph 3:

“During the era of total warfare sabotage has become one of the

most important elements in the conduct of war. It is sufficient

to state our attitude to this question. The enemy will find

evidence of it in the reports of our own propaganda

units. . . .”

Page 29, the end of Paragraph 3:

“Sabotage is an essential element . . . we ourselves have

strongly developed this means of combat.”

Then the sixth paragraph.

“We have already announced by radio our intention of

liquidating, in future, all groups of terrorists and saboteurs

acting like bandits. Therefore the WFSt has only to issue

regulations to the troops how to deal with terrorist and

sabotage groups.”

Page 30. The Tribunal will see what orders were given concerning the

treatment of what the German General Staff called groups of terrorists

and British saboteurs. It is certain that the German General Staff never

called their own commandos groups of terrorists and saboteurs.

Paragraph A refers to groups of the British Army without uniform or in

German uniform. I quote:

“In combat or in flight they are to be killed without mercy.”

Paragraph B:

“Members of terrorist and sabotage groups of the British Army

wearing uniform, who in the opinion of our troops are guilty of

acting dishonorably or in any manner contrary to the law of

nations, are to be kept in separate custody after capture. . . .

“Instructions concerning the treatment to be inflicted upon them

will be given by the WFSt in agreement with the Army legal

service and the Counter-Intelligence Department, Foreign Section

(Amt Ausland Abwehr).”

Finally, Page 31, Paragraph 2:

“Violation of the laws of war by terrorist or sabotage troops is

in the future always to be assumed when individual assailants as

saboteurs or agents, regardless of whether they were soldiers or

whatever their uniform might be, place themselves outside the

laws of war by committing surprise attacks or brutalities which

in the judgment of our troops “are inconsistent with the

fundamental rules of war.”

Paragraph 3:

“In such cases the assailants will be killed without mercy to

the last man, in combat or in flight.”

Paragraph 4:

“Confinement in prisoner-of-war camps, even temporarily, is

forbidden.”

Thus in carrying out these orders, if British soldiers, even in uniform,

were captured during a commando operation, the German troops were to

judge whether they had acted according to the laws of war or not; and

without any appeal, subordinates could annihilate them to the last man,

even when they were not engaged in active fighting. These orders were

applied to British commandos.

We shall now quote Document Number 498-PS, which was submitted by our

American colleagues under Exhibit Number USA-501 and which confirms the

information which we have just given to the Tribunal by the reading of

the preceding documents. It seems useless to read this document.

THE PRESIDENT: M. Dubost, there are two points to which I wish to draw

your attention. In the first place, it is said that you are not offering

these documents in evidence, you are simply reading them, and they must

be offered in evidence so that the document itself may be put in

evidence. You have not offered in evidence any of these documents; you

have just been reading from them or have given them numbers.

M. DUBOST: Mr. President, I have submitted them all—absolutely

all—except those which were already submitted by our colleagues; and

all were filed with a number, and can be handed to you immediately. I

shall ask the French secretary to hand them to you with the exhibit

numbers which I read out.

THE PRESIDENT: They have all been put in evidence already?

M. DUBOST: Mr. President, some have been put in evidence and I quoted

them with their exhibit numbers; but those which have not been

submitted, I shall give French numbers when submitting.

THE PRESIDENT: You are saying, “have been put in evidence by some other

member of the Prosecution”; is that right?

M. DUBOST: That is correct, Mr. President. When I quote them I give the

number under which they were filed by my American colleagues.

THE PRESIDENT: That was filed by the American Prosecution, was it not:

498?

M. DUBOST: 498-PS on Page 32 has already been filed by my American

colleagues under the Number USA-501, as I said before, sir. I shall not

read it. I shall merely comment on it briefly.

THE PRESIDENT: Very well. With reference to the document which preceded

it on Pages 27, 29, 30, and 31 . . .

M. DUBOST: I shall ask the French secretary to give them to you with the

numbers under which they were filed.

THE PRESIDENT: Have they been filed by the American prosecutor too?

M. DUBOST: Not all, Mr. President. Some were filed by the American

Prosecution, others were filed by me.

THE PRESIDENT: What the Tribunal wants you to do is, when you put in a

document, if it has not already been put in, give it a number and

announce the exhibit number so that the record may be complete. Is that

clear?

M. DUBOST: It is clear, Mr. President, but I believe that I have done so

from the beginning, since the French secretary has just given you the

file.

THE PRESIDENT: You may have put numbers on the documents, but you have

not announced them in some cases.

There is another matter which I wish to state and it is this: When I

spoke before, what I asked you to do was to confine yourself to any new

points, and you are now giving us evidence about commandos and about

British commandos, all of which has been already gone into in previous

stages of the Trial, and that appears to us to be unnecessary.

M. DUBOST: The Tribunal will pardon me, but I have not read any of the

documents already mentioned. The documents I read were documents not

cited before. I had just reached a document which had been mentioned

before, and I asked the Tribunal to excuse me from even commenting on

it, since I thought the document was already well known to the Tribunal.

THE PRESIDENT: Well, we have had a good deal of evidence already about

the treatment of commandos and sabotage groups, evidence, if I remember

right, which attempted to draw some distinction between troops which

were dropped from the air, for instance, close up to the battle zone and

troops that were dropped at a distance behind the battle zone. You had

quite a lot of evidence upon that subject. If there is anything which is

of special interest to the case of France we would be most willing to

hear it, but we do not desire to hear cumulative evidence upon subjects

which we have already heard.

M. DUBOST: I did not think that I had brought cumulative proof to the

Tribunal in reading documents which had not previously been read; but

since that is so, I shall continue, but not without emphasizing that, in

our view, the responsibility of Keitel is seriously involved by the

orders which were given and by the execution of these orders.

Document Number 510-PS, Page 48, has not been read. We submit it as

Exhibit Number RF-367, and we ask the Tribunal to take judicial notice

of it. It concerns the carrying out of the orders which were given

concerning the landing of British detachments at Patmos.

A memorandum from the General Staff to the commander of the different

units, Document Number 532-PS, which is the appendix to the Tribunal’s

document book, repeats and specifies the instructions which the Tribunal

knows and does not bring anything new to the case. We submit this

document as Exhibit Number RF-368, and we ask the Tribunal to take

judicial notice of it.

We shall now deal with the execution of Allied airmen who were captured.

From the statement which was made on this question, the Tribunal has

learned that a certain number of air operations were considered as

criminal acts by the German Government, which indirectly encouraged the

lynching of the airmen by the population or their immediate

extermination by the action “Sonderbehandlung” (special treatment); and

need not be discussed again. This was the subject of Document Number

USA-333, which has already been cited, and Document Number USA-334.

Within the scope of these instructions, orders were given by the letter

of 4 June 1944 to the Minister of Justice to forbid any prosecution of

German civilians in connection with the murder of Allied airmen. This is

the subject of Document Number 635-PS, which you will find in the

appendix to the document book. This document will become Exhibit Number

RF-370.

“The Reich Minister and Head of the Reich Chancellery, 4 June

1944.

“To the Reich Minister of Justice, Doctor Thierack.

“Subject: Lynch law for Anglo-American murderers.

“My dear Dr. Thierack:

“The Chief of the Party Chancellery has informed me of his

secret memorandum, a copy of which is enclosed, and has asked me

to make it known to you also. I am complying with this, and ask

you to consider to what extent you wish to inform the tribunals

and the public prosecutors.”

On 6 June, two important conferences were held between Kaltenbrunner,

Ribbentrop, Göring (all three defendants), Himmler, Von Brauchitsch,

officers of the Luftwaffe, and members of the SS. They decided to draw

up a definite list of air operations which would be considered as acts

of terrorism.

The original transcript, drawn up by Warlimont and bearing written notes

by Jodl and Keitel, is Document Number 735-PS, which I submit as Exhibit

Number RF-371. It was decided during this conference that lynching would

be the ideal punishment to stop certain types of air operations directed

against the civilian population. Kaltenbrunner, for his part, promised

the active collaboration of the SD.

THE PRESIDENT: Was it already read?

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 06 · 第 292 / 333 题