“England cannot live without its imports. We can feed ourselves.

The permanent sowing of mines on the English coasts will bring

England to her knees. However, this can occur only if we have

occupied Belgium and Holland. It is a difficult decision for me.

None has ever achieved what I have achieved. My life is of no

importance in all this. I have led the German people to a great

height, even if the world does hate us now. I risk the loss of

this achievement. I have to choose between victory or

destruction. I choose victory. Greatest historical choice, to be

compared with the decision of Frederick the Great before the

first Silesian war. Prussia owes its rise to the heroism of one

man. Even there, the closest advisers were disposed to

capitulation. Everything depended on Frederick the Great. Even

the decisions of Bismarck in 1866 and 1870 were no less great.

My decision is unchangeable. I shall attack France and England

at the most favorable and quickest moment. Breach of the

neutrality of Belgium and Holland is meaningless. No one will

question that when we have won. The arguments we will choose for

the breach of neutrality shall not be as idiotic as they were in

1914. If we do not break the neutrality, then England and France

will. Without attack the war is not to be ended victoriously. I

consider it possible to end the war only by means of an attack.

The question as to whether the attack will be successful, no one

can answer. Everything depends upon favorable providence.”

Thereafter the winter of 1939 and 1940 passed quietly, the winter of

so-called “phony war.”

The General Staff and High Command group all knew what the plan

was—they had all been told. To attack ruthlessly at the first

opportunity; to smash the French and English forces; to pay no heed to

treaties with, or neutrality of, the Low Countries. “Breaking of the

neutrality of Holland and Belgium is meaningless. No one will question

that when we have won.” That is what Hitler told the Oberbefehlshaber.

The generals and admirals agreed and went forward with their plans.

Now it is not true that all the steps in this march of conquest were

conceived by Hitler and that the military leaders embarked on them with

reluctance and misgivings. To show this we need only hark back for a

moment to what Major Elwyn Jones told the Tribunal about the plans for

the invasion of Denmark and Norway.

The Tribunal will recall that Hitler’s utterances in October and

November, which I have just read, although they are full of threatening

comments about France and England and the Low Countries, contain no

suggestion of an attack on Scandinavia. Indeed, Hitler’s memorandum of 9

October, from which I read Document L-52, affirmatively indicates that

Hitler saw no reason to disturb the situation to the north, because he

said that unless unforeseen factors appeared the neutrality of the

northern states could be assumed. Trade could be continued with those

countries even in a long war. But a week previously, on the 3rd of

October 1939, the Defendant Raeder had caused a questionnaire to be

circulated within the Naval Staff seeking comments on the advantages

which might be gained from a naval standpoint by securing bases in

Norway and Denmark. That document is C-122, Exhibit Number GB-82. And

another document introduced by Major Elwyn Jones, Document C-66, which

is Exhibit Number GB-81, shows that Raeder was prompted to circulate

this questionnaire by a letter from another admiral named Carls, who

pointed out the importance of an occupation of the Norwegian coast by

Germany. Admiral Carls, Rolf Carls, later attained the rank of Admiral

of the Fleet and commanded Naval Group North and in that capacity is a

member of the group as defined in the Indictment, as well as Raeder.

The Tribunal will also recall that the Defendant Dönitz, who at that

time was flag officer of submarines, replied to the questionnaire from

Raeder on 9 October 1939. The document in question is Document C-5,

Exhibit Number GB-83. And Dönitz replied that from his standpoint

Trondheim and Narvik met the requirements for a submarine base, that

Trondheim was better, and that he proposed the establishment of a U-boat

base there. The next day Raeder visited Hitler, and this visit and

certain subsequent events are described in a document which has not

previously been introduced.

Now, Your Honors, owing to a confusion in numbering, the German document

is C-71, but the translation appears in your books in Document L-323,

and that will be Exhibit Number USA-541. The translation will be found

in L-323, the middle of the page, entitled, “Entry in the War Diary of

the Commander-in-Chief of the Navy, naval war staff, on ‘Weserübung’,”

that being the code name for the operation against Norway and Denmark.

Diary entry for 10 October 1939:

“First reference of the Commander-in-Chief of the Navy, when

visiting the Führer, to the significance of Norway for sea and

air warfare. The Führer intends to give the matter

consideration.

“12 December 1939. Führer received Q and H”—those being

presumably Quisling and Hagelin.

“Subsequent instructions to the Supreme Command of the Armed

Forces to make mental preparations. The Commander-in-Chief of

the Navy is having an essay prepared which will be ready in

January.”

I may interpolate. The translation of the next sentence is somewhat in

error and should read:

“With reference to this essay Kapitän zur See Krancke is working

on ‘Weserübung’ at OKW.”

“During the time which followed H”—Hagelin—“maintained contact

with the Chief of Staff of the Commander-in-Chief of the Navy.

His aim was to develop the Party Q”—Quisling—“with a view to

making it capable of action and to give the Supreme Command of

the Navy information on the political developments in Norway and

military questions. In general he pressed the speeding up of

preparations, but considered that it was first necessary to

expand the organization.”

I think that is all I need read of that.

Another document, which is Document C-64, Exhibit Number GB-86, already

in the record, shows that on 12 December the Naval War Staff discussed

the Norwegian project with Hitler—I am not going to read from that

document, Your Honors—at a meeting which the Defendants Keitel and Jodl

also attended. In the meantime Raeder was in touch with the Defendant

Rosenberg on the possibilities of using Quisling; and Major Elwyn Jones

very properly pointed out to the Tribunal the close link between the

service chiefs and the Nazi politicians. As a result of all this, on

Hitler’s instructions, Keitel issued an OKW directive on 27 January 1940

stating that Hitler had commissioned him to undertake charge of

preparations for the Norway operation, to which he then gave the code

name Weserübung.

On 1 March 1940 Hitler issued the directive setting forth the general

plan for the invasion of Norway and Denmark. That is Document C-174,

Exhibit Number GB-89, which Major Elwyn Jones put in the record. The

directive was initialed by Admiral Kurt Fricke, who at that time was

head of the operations division of the naval war staff and who at the

end of 1941 became Chief of the naval war staff and in that capacity is

a member of the group as defined in the Indictment. So, as these

documents make clear, the plan to invade Norway and Denmark was not

conceived in Nazi Party circles or forced on the military leaders; on

the contrary, it was conceived in the naval part of the General Staff

and High Command group, and Hitler was persuaded to take the idea up.

Treaties and neutrality meant just as little to the General Staff and

High Command group as to the Nazis.

As to the Low Countries, neither Hitler nor the military leaders were

disturbed about treaty considerations. The Tribunal will remember that

at a conference between Hitler and the principal military leaders in May

1939, as shown in Document L-79, Exhibit Number USA-27, already in the

record, when the intention to attack Poland was announced, Hitler, in

discussing the possibility of war with England, said that the Dutch and

Belgian air bases must be occupied by armed force. “Declarations of

neutrality will be ignored.” And later, in his speech to the

Oberbefehlshaber in November 1939, Hitler said that they must first

invade the Low Countries and “no one will question that when we have

won.”

Accordingly, one can well imagine that the winter of 1939 and 1940 and

the early spring of 1940 was a period of very intensive planning in

German military circles. The major attack in the West through the Low

Countries had to be planned and the attack on Norway and Denmark had to

be planned. The Defendant Jodl’s diary for the period 1 February to 26

May 1940, Document 1809-PS, Exhibit Number GB-88, contains many entries

reflecting the course of this planning. Some of the entries have been

read into the record and others are now of interest.

The Tribunal will see from these entries which have already been read

that during February and early March there was considerable doubt in

German military circles as to whether the attack on Norway and Denmark

should precede or follow the attack on the Low Countries and that at

some points there even was doubt as to whether all these attacks were

necessary from a military standpoint. But the Tribunal will not find a

single entry which reflects any hesitancy from a moral angle, on the

part of Jodl or any of the people he mentions, to overrun these

countries.

I will make several references now to Document 1809-PS and several of

the entries in it. I do not plan to quote verbatim from any one of them.

The Court will note that on 1 February 1940 General Jeschonnek, the

Chief of the Air Staff and a member of the group as defined in the

Indictment, visited Jodl and made a suggestion that it might be wise to

attack only Holland, on the ground that Holland alone would offer a

tremendous improvement for Germany’s aerial warfare.

On 6 February Jodl conferred with Jeschonnek, Warlimont, and Colonel Von

Waldau, and what Jodl calls a “new idea” was proposed at this meeting:

That the Germans should carry out only “Action H” (Holland) and the

Weser Exercise (Norway and Denmark) and should guarantee Belgium’s

neutrality for the duration of the war.

I suppose the German Air Force may have felt that the occupation of

Holland alone would give them sufficient scope for air bases for attacks

on England and that if Belgium’s neutrality were preserved the German

bases in Holland would be immune from attack by the French and British

armies in France. If, to meet this situation, the French and British

should attack through Holland and Belgium, the violation of neutrality

would be on the other foot. But whether or not this new idea made sense

from a military angle, it appears to be a most extraordinary notion from

a diplomatic angle. It was a proposal to violate without any excuse the

neutrality of three neighboring small countries and simultaneously to

guarantee the neutrality of a fourth. What value the Belgians might have

attributed to a guarantee of neutrality offered under such

circumstances, it is difficult to imagine; and in fact, the “new idea”

projected at this meeting seems a most extraordinary combination of

cynicism and naïveté.

In the meantime, as Jodl’s diary shows, on 5 February 1940 the “special

staff” for the Norway invasion met for the first time and got its

instructions from Keitel. On 21 February Hitler put General Von

Falkenhorst in command of the Norway undertaking; and Jodl’s diary

records that “Falkenhorst accepts gladly.”

On 26 February Hitler was still in doubt whether to go first to Norway

or the Low Countries, but on 3 March he decided to do Norway first and

the Low Countries a short time thereafter. This decision proved final.

Norway and Denmark were invaded on 9 April and the success of the

adventure was certain by the 1st of May. The invasion of the Low

Countries took place 10 days later.

So France and the Low Countries fell, Italy joined the war on the side

of Germany, and the African campaign began. In October 1940 Italy

attacked Greece. The Italo-Greek stalemate and the uncertain attitude of

Yugoslavia became embarrassing to Germany, particularly because the

attack of the Soviet Union was being planned and Germany felt she could

not risk an uncertain situation at her rear in the Balkans.

Accordingly, it was decided to end the Greek situation by coming to

Italy’s aid, and the Yugoslavian _coup d’état_ of 26 March 1941 brought

about the final German decision to crush Yugoslavia also. The documents

have already been introduced by Colonel Phillimore, and there is little

that I need to add for my present purpose. The decisions were made; the

Armed Forces drew up the necessary plans and executed the attacks. The

onslaught was particularly unmerciful and ruthless against Yugoslavia

for the special purpose of frightening Turkey and Greece. The final

deployment instructions were issued by Brauchitsch and appear in

Document R-95, Exhibit Number GB-127, which has not been read before.

Two extracts from this are of interest. These extracts are very short:

“The political situation in the Balkans having changed by reason

of the Yugoslav military revolt, Yugoslavia has to be considered

an enemy even should it make declarations of loyalty at first.

“The Führer and Supreme Commander has decided therefore to

destroy Yugoslavia as quickly as possible.”

And turning to Paragraph Number 5, the “Timetable for the Operations”:

“On 5 April as soon as sufficient forces of the Air Forces are

available and weather permitting, the Air Forces should attack

continuously by day and night the Yugoslav ground organization

and Belgrade.”

The German attack on the Soviet Union I have little more to say about.

The documents showing the aggressive nature of the attack have been put

in by Mr. Alderman. I suppose it is quite possible that some members of

the General Staff and High Command group opposed Barbarossa as

unnecessary and unwise from a military standpoint. The Defendant Raeder

so indicated in a memorandum he wrote on 10 January 1944, Document C-66,

Exhibit Number GB-81. C-66 is the translation and the only document I

propose to read on this subject, from which a few extracts are of

interest. The quotation starts at the very outset of the Document C-66:

“At this time the Führer had made known his ‘unalterable

decision’ to conduct the Eastern campaign in spite of all

remonstrances. After that further warnings, if no new situation

had arisen, were found to be, according to previous experiences,

completely useless. As Chief of naval war staff I was never

convinced of the ‘compelling necessity’ for Barbarossa.”

And passing to the third paragraph:

“The Führer very early had the idea of one day settling accounts

with Russia; doubtless his general ideological attitude played

an essential part in this. In 1937-38 he once stated that he

intended to eliminate the Russians as a Baltic power; they would

then have to be diverted in the direction of the Persian Gulf.

The advance of the Russians against Finland and the Baltic

States in 1939-1940 probably further strengthened him in this

idea.”

And passing to the very end of the document, Paragraph 7, Page 4:

“As no other course is possible, I have submitted to compulsion.

If thereby a difference of opinion arises between 1 SKL and

myself”—that, if I may interpolate, is a division of the naval

war staff having to do with operations—“it is perhaps because

the arguments the Führer used on such occasions (dinner speech

in the middle of July to the officers in command) to justify a

step he had planned usually had a greater effect on people not

belonging to the inner circle than on those who often heard this

type of reasoning.

“Many remarks and plans indicate that the Führer calculated on

the final ending of the Eastern campaign in the autumn of 1941,

whereas the Supreme Command of the Army (General Staff) was very

skeptical.”

That, to be sure, indicates division of opinion as to the military

chances of a rapid success, but the part last quoted indicates that

other members of the group favored Barbarossa and Raeder’s memorandum

actually says and substantiates what Blomberg’s affidavit says: That

some of the generals lost confidence in the power of Hitler’s judgment,

but that the generals failed as a group to take any definite stand

against him, although a few tried and suffered thereby. Certainly the

High Command took no stand against Hitler on Barbarossa and the events

of 1941 and 1942 do not suggest that the High Command embarked on the

Soviet war tentatively or with reservations, but rather with ruthless

determination backed by careful planning. The plans themselves have all

been read and cited to the Court previously.

That concludes the evidence on the criminal activities of the group

under Counts One and Two. The documents written by the military leaders

are not the writings of men who were reluctant to plan and execute these

manifold wars.

I want to make clear again the nature of the accusations against this

group under Counts One and Two. They are not accused on the ground that

they are soldiers. They are not accused merely for doing the usual

things a soldier is expected to do, such as making military plans and

commanding troops. It is, I suppose, among the normal duties of a

diplomat to engage in negotiations and conferences, to write notes and

_aide-memoire_, to entertain at dinner parties, and cultivate good will

toward the government he represents. The Defendant Ribbentrop is not

indicted for doing these things. It is the usual function of a

politician to draft regulations and decrees, to make speeches. The

Defendants Hess and Frick are not indicted for doing those things.

It is an innocent and respectable business to be a locksmith; but it is

none the less a crime, if the locksmith turns his talents to picking the

locks of neighbors and looting their homes. And that is the nature of

the charge under Counts One and Two against the defendants and the

General Staff and High Command group. The charge is that, in performing

the functions of diplomats, politicians, soldiers, sailors, or whatever

they happened to be, they conspired, and did plan, prepare, initiate,

and wage illegal wars and thereby committed crimes under Article 6 (a)

of the Charter.

It is no defense for those who committed such crimes to plead that they

practice a particular profession. It is perfectly legal for military men

to prepare military plans to meet national contingencies, and such plans

may legally be drawn whether they are offensive or defensive in a

military sense. It is perfectly legal for military leaders to carry out

such plans and engage in war, if in doing so they do not plan and launch

and wage wars which are illegal because they are aggressive and in

contravention of the Charter.

I am very far from saying that there may not be individual cases,

involving some individual members of this group, where drawing the line

between legal and illegal behavior might involve some difficulties. That

is not an uncommon situation in the legal field. But I do not believe

that there is any doubt or difficulty here, before this Tribunal, as to

the criminality of the General Staff and High Command group as a group

under Counts One and Two, or as to the guilt of the five defendants who

are members of the group.

In the case of the Defendants Göring, Keitel, and Jodl, the evidence is

voluminous and their participation in aggressive plans and wars is more

or less constant. The same is true of Defendant Raeder, and his

individual responsibility for the aggressive and savage attack on Norway

and Denmark is especially clear. The evidence so far offered against

Dönitz is less voluminous for the reason that he was younger and not one

of the top group until later in the war.

But numerous other members of the General Staff and High Command group,

including its other leaders, are shown to have participated knowingly

and wilfully in these illegal plans and wars: Brauchitsch, the

Commander-in-Chief of the Army, and his Chief of Staff, Halder;

Warlimont, the deputy of Jodl. In the nature of things these men knew

all that was going on and participated fully, as the documents show.

Reichenau and Sperrle helped to bully Schuschnigg; Reichenau, and Von

Schober, together with Göring, were immediately sent for by Hitler when

Schuschnigg ordered the plebiscite. At a later date we have seen

Blaskowitz as an Oberbefehlshaber in the field, knowingly preparing for

the attack on Poland; Field Marshal List educating the Bulgarians for

their role during the attacks on Yugoslavia and Greece; Von Falkenhorst

“gladly” accepting the assignment to command the invasion of Norway and

Denmark. On the air side, Jeschonnek has been recorded proposing that

Germany attack Norway, Denmark, and Holland and simultaneously assuring

Belgium that there is nothing to fear. On the naval side, Admiral Carls,

member of the group, foresees at an early date that German policy is

leading to a general European war, and at a later date the attack on

Norway and Denmark is his brainchild; Krancke, later one of the group,

is one of the chief planners of this attack; Schniewind is in the inner

circle for the attack on Poland; Fricke certifies the final orders for

Weserübung and a few months later proposes that Germany annex Belgium

and northern France and reduce the Netherlands and Scandinavia to

vassalage.

Most of the 19 officers I have mentioned were at that time members of

the group, as defined, and the few who were not, subsequently became

members. At the final conference for Barbarossa 17 additional members

were present and at the two meetings with Hitler, at which the

aggressive plans and the contempt for treaties were fully disclosed, the

entire group was present.

The military defendants will perhaps argue that they are pure

technicians. This amounts to saying that military men are a race apart

from and different from the ordinary run of human beings—men above and

beyond the moral and legal requirements that apply to others, incapable

of exercising moral judgment on their own behalf.

What we are discussing here is the crime of planning and waging

aggressive war. It stands to reason that that crime is committed most

consciously and culpably by a nation’s leaders—the leaders in all the

major fields of activity which are necessary to and closely involved in

the waging of war. It is committed by propagandists and publicists. It

is committed by political leaders, by diplomats, by the chief ministers,

by the principal industrial and financial leaders. It is no less

committed by the military leaders.

In the nature of things, planning and executing aggressive war is

accomplished by agreement and consultation among all these types of

leaders. And if the leaders in any notably important field of activity

stand aside or resist or fail to co-operate, then the program will at

the very least be seriously obstructed. That is why the principal

leaders in all these fields of activity share responsibility for the

crime, and the military leaders no less than the others. Leadership in

the military field, as well as in other fields, calls for moral wisdom

as well as technical astuteness.

I do not think that the responsible military leaders of any nation will

be heard to say that their role is that of a mere janitor, or custodian,

or pilot of the war machine which is under their command and that they

bear no responsibility whatsoever for the use to which that machine is

put.

The prevalence of such a view would be particularly unfortunate today,

when the military leaders control forces infinitely more powerful and

destructive than ever before. Should the military leaders be declared

exempt from the declaration in the Charter that planning and waging

aggressive war is a crime, it would be a crippling, if not a fatal blow

to the efficacy of that declaration.

Such is certainly not the view of the United States. The Prosecution

here representing the United States believes that the profession of arms

is a distinguished profession. We believe that the practice of that

profession by its leaders calls for the highest degree of integrity and

moral wisdom no less than for technical skill. We believe that, in

consulting and planning with the leaders in other fields of national

activities, the military leaders must act in accordance with

international law and the dictates of the public conscience. Otherwise

the military resources of the nation will be used, not in accordance

with the laws of modern society, but in accordance with the law of the

jungle. The military leaders share responsibility with other leaders. I

use the word “share” advisedly. Obviously the military leaders are not

the final and exclusive arbiters, and the German military leaders do not

bear exclusive responsibility for the criminal holocaust which was

committed. But the German military leaders conspired with others to

undermine and destroy the conscience of the German nation. The German

military leaders wanted to aggrandize Germany and, if necessary, to

resort to war for that purpose.

As the Chief Prosecutor for the United States said in his opening

statement, the German military leaders are here before you because they,

along with others, mastered Germany and drove it to war.

Your Lordship, that concludes the evidence under Counts One and Two, and

if this would be a convenient stopping point . . .

THE PRESIDENT: You have another branch of the argument?

COL. TAYLOR: Counts Three and Four, Your Honor, which will take

considerable time.

THE PRESIDENT: Very well, we will adjourn now.

[_The Tribunal adjourned until 7 January 1946 at 1000 hours._]

TWENTY-EIGHTH DAY

Monday, 7 January 1946

_Morning Session_

COL. TAYLOR: May it please the Court, Sir, when the Court rose on Friday

I had completed that part of the presentation on Counts One and Two. I

now turn to that part of the Indictment which charges that the General

Staff and High Command group had a major responsibility for the War

Crimes and Crimes against Humanity involved in the execution of the

Common Plan or Conspiracy set forth in Counts Three and Four of the

Indictment. For purpose of brevity I shall refer to these crimes simply

as War Crimes.

The presentation of the documents under this part of the case should

take all or the better part of the morning session. At the conclusion of

that, I propose to call a single witness, one witness, Erich von dem

Bach-Zelewski, whose testimony on direct examination should not exceed

25 or 30 minutes. After that, I shall take possibly 10 minutes to

conclude, and that will be the entire presentation.

On this part of the case I propose to show that members of the General

Staff and High Command group, including the defendants who are members

of the group, ordered and directed the commission of War Crimes, and

thereby participated in the commission of War Crimes in their official

capacity as members of the group. I also propose to show, in certain

instances, the actual commission of War Crimes by members of the German

Armed Forces as a result of these orders or as a result of other orders

and arrangements made by members of the General Staff and High Command

group which controlled the German Armed Forces. However, I do not

propose to make a full showing of War Crimes committed by the German

Armed Forces. The full presentation of the evidence under Counts Three

and Four will be made, pursuant to agreement among the Chief

Prosecutors, by the French and Soviet Delegations, and a substantial

amount of the evidence to be presented by them will be relevant to the

charges against the General Staff and High Command group.

We will at this time show the Tribunal that the General Staff and High

Command became wedded to a policy of terror. In some cases, the evidence

of this policy is in documentary form, and we will present the

activating papers which were signed by, initialed by, and circulated

among the members of the group. In other instances, where the actual

crimes were committed by others than members of the German Armed Forces,

where, for example, prisoners of war were handed over to and mistreated

by the SS or SD, we will show that in those cases members of this group

were well aware that they were assisting in the commission of War

Crimes. We will show that many crimes committed by the SS and SD were

committed with the knowledge and necessary support of the General Staff

and High Command group.

The first matter which I will take up relates to the killing, in

violation of international law and the rules of war, of Allied

commandos, paratroopers, and members of military missions, and the first

document to which I wish to refer is 498-PS, which will be Exhibit

USA-501.

This story starts with the order embodied in that document, which is an

order issued by Hitler on 18 October 1942, and which Mr. Storey has

already mentioned in the presentation of charges against the

Sicherheitsdienst. The order begins with a recital that Allied commandos

were using methods of warfare alleged to be outside the scope of the

Geneva Convention, and thereafter proceeds to specify the methods of

warfare which German troops should use against Allied commandos, and the

disposition which should be made of captured commandos.

This order is one of the two basic documents in the story. I will read

it in full:

“1. For some time our enemies have been using in their warfare

methods which are outside the international Geneva Conventions.

Especially brutal and treacherous is the behavior of the

so-called commandos, who, as is established, are partially

recruited even from freed criminals in enemy countries. From

captured orders it is divulged that they are directed not only

to shackle prisoners, but also to kill defenseless prisoners on

the spot at the moment in which they believe that the latter, as

prisoners, represent a burden in the further pursuit of their

purpose or could otherwise be a hindrance. Finally, orders have

been found in which the killing of prisoners has been demanded

in principle.

“2. For this reason it was already announced, in an addendum to

the Armed Forces communiqué of 7 October 1942, that in the

future, Germany, in the face of the sabotage troops of the

British and their accomplices, will resort to the same

procedure, that is, that they will be ruthlessly mowed down by

the German troops in combat, wherever they may appear.

“3. I therefore order:

“From now on all enemies on so-called commando missions in

Europe or Africa, challenged by German troops, even if they are

to all appearances soldiers in uniform or demolition troops,

whether armed or unarmed, in battle or in flight, are to be

slaughtered to the last man. It does not make any difference

whether they are landed from ships and airplanes for their

actions, or whether they are dropped by parachute. Even if these

individuals, when found, should apparently be prepared to give

themselves up, no pardon is to be granted them on principle. In

each individual case full information is to be sent to the OKW

for publication in the communiqué of the Armed Forces.

“4. If individual members of such commandos, such as agents,

saboteurs, _et cetera_, fall into the hands of the Armed Forces

by some other means, through the police in occupied territories,

for instance, they are to be handed over immediately to the SD.

Any imprisonment under military guard, in PW stockades, for

instance, _et cetera_, is strictly prohibited, even if this is

only intended for a short time.

“5. This order does not apply to the treatment of any soldiers

who, in the course of normal hostilities, large-scale offensive

actions, landing operations, and airborne operations, are

captured in open battle or give themselves up. Nor does this

order apply to enemy soldiers falling into our hands after

battles at sea, or to enemy soldiers trying to save their lives

by parachute after air battles.

“6. I will hold responsible under military law, for failing to

carry out this order, all commanders and officers who either

have neglected their duty of instructing the troops about this

order, or acted against this order when it was to be executed.”

It is signed Adolf Hitler, and the Tribunal will note that this order

was issued by OKW in 12 copies, and the distribution shown on the second

page included the three Supreme Commands, Army, Sea, and Air, and the

principal field commands.

Now, the same day Hitler issued a supplementary order, that is, Document

503-PS, which will be Exhibit USA-542. This was issued for the purpose

of explaining the reasons why the basic order was issued. In this

explanation, Hitler gave a rather different set of reasons for the

issuance of the order and pointed out that Allied commando operations

had been extraordinarily successful in the destruction of rear

communications, intimidating laborers, and destroying important war

plants in occupied areas. This is the other basic document; and while I

need not read it in full, I would like to read substantial excerpts,

starting with the first paragraph at the top of the page:

“Added to the decree concerning the destruction of terror and

sabotage troops”—then in parentheses was a cross reference to

the order which I have just read—“a supplementary order of the

Führer is enclosed.

“This order is intended for commanders only and must not, under

any circumstances, fall into enemy hands.

“The further distribution is to be limited accordingly by the

receiving bureaus.

“The bureaus named in the distribution list are held responsible

for the return and destruction of all distributed copies of this

order and copies made thereof.”

It is signed, “The Chief of the High Command of the Armed Forces, by

order of Jodl.”

Thereafter follows a distribution list and then the supplementary order

itself, signed by Hitler. I will start reading the first two paragraphs

of the supplementary order which appear at the bottom of Page 1 of the

translation:

“I have been compelled to issue strict orders for the

destruction of enemy sabotage troops and to declare

non-compliance with these orders severely punishable. I deem it

necessary to announce to the competent commanding officers and

commanders the reasons for this decree.

“As in no previous war, a method of destruction of

communications behind the front, intimidation of the populace

working for Germany, as well as the destruction of war-important

industrial plants in territories occupied by us has been

developed in this war.”

I propose to skip to the bottom of Page 2, the last two paragraphs on

Page 2 of the translation:

“The consequences of these activities are of extraordinary

weight. I do not know whether each commander and officer is

cognizant of the fact that the destruction of one single

electric power plant, for instance, can deprive the Luftwaffe of

many thousand tons of aluminum, thereby eliminating the

construction of countless aircraft that will be missed in the

fight at the front and so contribute to serious damage of the

homeland as well as to bloody losses of the fighting soldiers.

“Yet this form of war is completely without danger for the

adversary. Since he lands his sabotage troops in uniform but at

the same time supplies them with civilian clothes, they can,

according to need, appear as soldiers or civilians. While they

themselves have orders ruthlessly to remove any German soldiers

or even natives who get in their way, they run no danger of

suffering really serious losses in their operations, since at

the worst, if they are caught, they can immediately surrender

and thus believe that they will theoretically fall under the

provisions of the Geneva Convention. There is no doubt, however,

that this is a misuse in the worst form of the Geneva

agreements, especially since part of these elements are even

criminals liberated from prisons, who can rehabilitate

themselves through these activities.

“England and America will therefore always be able to find

volunteers for this kind of warfare, as long as they can

truthfully assure them that there is no danger of loss of life

for them. At worst, all they have to do is successfully to

commit their attacks on people, traffic installations, or other

installations and, upon being encountered by the enemy, to

capitulate.

“If the German conduct of war is not to suffer grievous damage

through these incidents, it must be made clear to the adversary

that all sabotage troops will be exterminated, without

exception, to the last man.

“This means that their chance of escaping with their lives is

nil. Under no circumstances can it be permitted, therefore, that

a dynamite, sabotage, or terrorist unit simply allows itself to

be captured, expecting to be treated according to the rules of

the Geneva Convention. It must, under all circumstances, be

ruthlessly exterminated.

“The report on this subject appearing in the Armed Forces

communiqué will briefly and laconically state that a sabotage,

terror, or destruction unit has been encountered and

exterminated to the last man.

“I therefore expect the commanding officers of armies

subordinate to them, as well as individual commanders, not only

to realize the necessity of taking such measures, but to carry

out this order with all energy. Officers and noncommissioned

officers who fail through some weakness are to be reported

without fail or, if the circumstances require it, e.g. if danger

is imminent, to be at once made strictly accountable. The

homeland, as well as the fighting soldier at the front, has the

right to expect that behind their backs the essentials of

nourishment as well as the supply with war-important weapons and

ammunition remains secure.

“These are the reasons for the issuance of my decree.

“If it should become necessary, for reasons of interrogation,

initially to spare one man or two, then they are to be shot

immediately after interrogation.”

Your Lordship, the next is Document C-179, which will be Exhibit

USA-543. As this document shows, 10 days later on 28 October 1942 and

while the Defendant Raeder was Commander-in-Chief of the German Navy,

the naval war staff in Berlin transmitted its copy of the basic order of

18 October to the lower naval commands. The copy distributed by the Navy

and the covering memorandum from the naval war staff show clearly the

secrecy which surrounded the dissemination of this order; and I read the

first sheet of this document only, the cover sheet:

“Enclosed please find an order of the Führer regarding

annihilation of terror and sabotage units. This order must not

be distributed in writing by flotilla leaders, section

commanders, or officers of this rank. After verbal notification

to subordinate sections, the above officers must hand this order

over to the next higher section, which is responsible for its

withdrawal and destruction.”

Passing over to Page 3 of this document, at the very end we find a

similar admonition in the notice for distribution, at the very end of

the document; I read:

“These instructions are not to be distributed over and above the

battalions and the corresponding staffs of the other services.

After notification, those copies distributed over and above the

regimental and corresponding staffs of the other services must

be withdrawn and destroyed.”

The next document, Your Lordship, is C-178, which becomes Exhibit

USA-544. This document is dated 11 February 1943, which was 12 days

after the Defendant Dönitz had become Commander-in-Chief of the German

Navy. On that day, this memorandum was circulated within the naval war

staff in order to clear up certain misunderstandings as to the scope of

the basic order of 18 October 1942. This document, of which I will read

the first four paragraphs, indicates why the earlier order had been

treated as such a secret matter and also directs that all naval

commanders and officers who failed to carry out the order, or to

instruct their units concerning the order, would run the risk of serious

court-martial penalties. I’ll read the first four paragraphs only:

“From the notice given by the 3rd Section of the Naval

Operations Staff on 1 February 1943 it has been discovered that

the competent departments of the General Staff of the Army, as

well as those of the Air Force Operations Staff, have a wrong

conception regarding the treatment of saboteurs. A telephone

inquiry at the 3rd Section of the Operations Staff proved that

this naval authority was not correctly informed either.

“In view of this situation, reference is made to Paragraph 6 of

the Führer Order of 18 October 1942”—and then a

cross-reference—“according to which all commanders and officers

who have neglected their duty in instructing their units about

the order referring to treatment of saboteurs are threatened

with punishment by court-martial.

“The first Führer order concerning this matter of 18 October

1942 was given the protection of top secret merely because it

stated therein (1) that according to the Führer’s views, the

spreading of military sabotage organizations in the East and

West may have tremendous consequences for our whole conduct of

the war, and (2) that the shooting of uniformed prisoners acting

on military orders must be carried out even after they have

surrendered voluntarily and asked for pardon.

“On the other hand, the annihilation of sabotage units in battle

is not at all to be kept secret; but on the contrary, to be

currently published in the OKW reports. The purpose of these

measures to act as a deterrent will not be achieved if those

taking part in enemy commando operations would not learn that

certain death and not safe imprisonment awaits them. As the

saboteurs are to be annihilated immediately, unless their

statements are first needed for military reasons, it is

necessary that not only all members of the Armed Forces must

receive instructions that these types of saboteurs, even if they

are in uniform, are to be annihilated but also all departments

of the home staff, dealing with this kind of questions, must be

informed of the course of action which has been ordered.”

I will call the Tribunal’s attention to the two reasons given in that

quotation for keeping secret from the public knowledge of the fact that

uniformed prisoners would be shot, even after they had surrendered and

asked for pardon. This shows a clear awareness that that was in direct

contravention of the Hague and Geneva Conventions.

THE PRESIDENT: Colonel Taylor, did you read the paragraph beginning,

“Practical difficulties . . .”?

COL. TAYLOR: No, Your Honor. I’ll read that.

THE PRESIDENT: I think you should.

COL. TAYLOR: “Practical difficulties may develop because of the

definition of the term ‘sabotage units.’ The annihilation and

destruction, according to Paragraph 5 of the Führer Order of 18

October 1942, do not apply to troops participating in

large-scale landing operations and large-scale airborne

operations. The criterion is to be found in that, in the latter

case, an open battle takes place, whereas, for instance, 10 or

more people who land by sea or air, or drop by parachute not to

fight an open battle but to destroy either a factory, a bridge,

or a railway installation, would fall into the category of those

who must be annihilated.”

The next document, Your Honor, is 508-PS, which will be Exhibit USA-545.

Now, the Hitler order of 18 October 1942 was actually carried out in a

number of instances, of which we have the documentary proof for several.

Document 508-PS shows that during the night of 19-20 November 1942, a

British freight glider crashed near Egersund, in Norway. The glider

carried a British commando unit of 17 men, of whom three were apparently

killed in the crash. All were in British uniform. Fourteen survivors

were executed in accordance with the Hitler Order the evening of 20

November. In proof of this I will read certain extracts from 508-PS,

beginning on Page 1 of the translation, the paragraph numbered “1)”:

“1. Following supplementary report is made about landing of a

British freight glider at Egersund in the night of . . .”

It reads November 11 in the translation, but I believe in the original

it was November 20; that is a typographical error.

“a) No firing on the part of the German defense.

“b) The towing plane (Wellington) crashed after touching the

ground; 7-man crew dead. The attached freight glider also

crashed; of the 17-man crew 14 alive. Indisputably a sabotage

force. Führer Order has been carried out.”

I pass to Page 3 of the translation, on which page appear two teletype

messages. I wish to read the first two paragraphs at the top of the

page:

“On 20 November 1942 at 5:50 an enemy plane was found 15

kilometers northeast of Egersund. It is a British aircraft

(towed glider) made of wood without engine. Of the 17-member

crew three are dead, six are severely, the others are slightly,

wounded.

“All wore English khaki uniforms without sleeve insignia.

Furthermore, following items were found: 8 knapsacks, tents,

skis, and radiosender, exact number still unknown. The glider

carried rifles, light machine guns and machine pistols, number

unknown. At present the prisoners are with the battalion in

Egersund.”

Passing to the second teletype message, the first paragraph:

“Beside the 17-member crew extensive sabotage material and work

equipment were found. Therefore the sabotage purpose was

absolutely proved. The 280th Infantry Division ordered the

execution of the action according to the Führer Order. The

execution was carried out toward the evening of 20 November.

Some of the prisoners wore blue ski-suits under their khaki

uniforms which had no insignia on the sleeves. During a short

interrogation the survivors have revealed nothing but their

names, ranks and serial numbers.”

I pass to the last paragraph of that teletype, at the foot of Page 3 of

the translation:

“In connection with the shooting of the 17 members of the crew,

the Armed Forces Commander of Norway has issued an order to the

district commanders, according to which the interrogations by

G-2”—that was I. C. in the German—“and by BDS”—police—“are

important before the execution of the Führer Order; in case of

Paragraph Number 4 of the Führer Order, the prisoners are to be

handed over to the BDS.”

Your Lordship, the next document is 512-PS, Exhibit USA-546. This

document recites three specific instances where the Hitler Order was

carried out in Norway and especially emphasizes the desirability of

taking individual commandos prisoner for interrogation. I read from

Document 512-PS, dated 13 December 1942:

“According to the last sentence of the Führer Order of 18th

October, individual saboteurs can be spared for the time being

in order to keep them for interrogation. The importance of this

measure was proved in the cases of the Glomfjord, 2-man torpedo

Drontheim, and glider plane Stavanger, where interrogations

resulted in valuable knowledge of enemy intentions. Since in the

case of Egersund the saboteur was liquidated immediately and no

clues were obtained; therefore, Armed Forces Commander refers to

the above-mentioned last sentence of the Führer Order calling

for liquidation only after a short interrogation.”

One final document from the Norwegian Theater of War is relative.

THE PRESIDENT: Colonel Taylor, what does “RK” in the last paragraph

mean? The first words of the last paragraph?

COL. TAYLOR: Red Cross (Rotes Kreuz).

THE PRESIDENT: So they had a protest from the Red Cross?

COL. TAYLOR: Yes, Sir.

THE PRESIDENT: And “BDS”?

COL. TAYLOR: That is “Befehlshaber der Sicherheitspolizei (Sipo).”

Document 526-PS which is Exhibit USA-502, dated 10 May 1943, Colonel

Storey has already brought to the Tribunal’s attention in connection

with the presentation against the Sicherheitsdienst. I will first read

the opening sentences:

“On 30 March 1943, in Toftefjord (degree of latitude 70), an

enemy cutter was sighted. Cutter was blown up by enemy.

“Crew: 2 dead and 10 taken prisoners.

“Cutter sent from Scalloway (Shetland Isles) by the Norwegian

Navy.”

Passing to the word “Purpose”:

“Purpose: Building of an organization for the sabotaging of

strong-points, battery positions, staff and troop billets and

bridges.

“Assigner of mission in London: Norwegian Major Munthe.

“Führer Order executed by Sicherheitsdienst (Security Service).

“Wehrmacht communiqué of 6 April announces the following about

it: ‘In northern Norway an enemy sabotage unit was engaged and

destroyed on approaching the coast.’”

Now, shifting to the Italian Theater of War, I call the Court’s

attention to 509-PS, which will be Exhibit USA-547. This document is

dated 7 November 1943; and is a telegram from the Supreme Commander in

Italy to OKW; and it shows that on 2 November 1943 three British

commandos, taken prisoner near Pescara in Italy, were given “special

treatment” (sonderbehandelt), which as the Court knows from previous

evidence in the case, meant death. What happened to the nine remaining

prisoners of war in the hospital, we do not know.

I have one more document from the Italian Theater, 2610-PS, Exhibit

USA-548. This specifically shows the carrying out of Hitler’s orders. It

consists of an affidavit, dated 7 November 1945, by Frederick W. Roche,

a major in the Army of the United States. Major Roche was the Judge

Advocate of an American Military Commission which tried General Anton

Dostler, formerly Commander of the 75th German Army Corps, for the

unlawful execution of 15 members of the United States Armed Forces. I

will read from this affidavit:

“Frederick W. Roche, being duly sworn, deposes and says:

“I am a major in the Army of the United States. I was the Judge

Advocate of the Military Commission which tried Anton Dostler

for ordering the execution of the group of 15 United States Army

personnel who comprised the ‘Ginny Mission.’ This Military

Commission, consisting of five officers, was appointed by

command of General McNarney, by Special Order, Number 269, dated

26 September 1945, Headquarters, Mediterranean Theater of

Operations, United States Army, APO 512.

“The Military Commission met at Rome, Italy, on 8 October 1945,

and proceeded with the trial of the case of the United States

_versus_ Anton Dostler. The trial of this case consumed 4 days,

and the findings and sentence were announced on the morning of

12 October 1945. The charge and specification in this case are

as follows:

“Charge: Violation of the law of war.

“Specification: In that Anton Dostler, then general, commanding

military forces of the German Reich, a belligerent enemy nation,

to wit the 75th Army Corps, did, on or about 24 March 1944, in

the vicinity of La Spezia, Italy, contrary to the law of war,

order to be shot summarily, a group of United States Army

personnel consisting of two officers and 13 enlisted men who had

then recently been captured by forces under General Dostler,

which order was carried into execution on or about 26 March

1944, resulting in the death of the said 15 members of the Army

of the United States. . . .”—and a list of names follows.

“I was present throughout the entire proceeding. I heard all the

testimony and I am familiar with the records in this case. The

facts developed in this proceeding are as follows:

“On the night of 22 March 1944 two officers and 13 enlisted men

of the 2677th Special Reconnaissance Battalion of the Army of

the United States disembarked from some United States Navy boats

and landed on the Italian coast near Stazione di Framura. All 15

men were members of the Army of the United States and were in

the military service of the United States. When they landed on

the Italian coast, they were all properly dressed in the field

uniform of the United States Army and they carried no civilian

clothes. Their mission was to demolish a railroad tunnel on the

main line between La Spezia and Genoa. That rail line was being

used by the German forces to supply their fighting forces on the

Cassino and Anzio beachhead fronts. The entire group was

captured on the morning of 24 March 1944 by a patrol consisting

of Fascist soldiers and a group of members of the German Army.

All 15 men were placed under interrogation in La Spezia and they

were held in custody until the morning of 26 March 1944, when

they were all executed by a firing squad. These men were never

tried nor were they brought before any court or given any

hearing; they were shot by order of Anton Dostler, then general

commanding the 75th German Army Corps.

“Anton Dostler took the stand in this case and testified, by way

of defense, that he ordered the 15 American soldiers to be shot

pursuant to the Hitler Order of 18 October 1942 on commando

operations, which provided that commandos were to be shot and

not taken prisoners of war, even after they had been

interrogated. He also testified that he would have been subject

to court-martial proceedings if he did not obey the Hitler

Order.

“The following is a true copy of the findings and sentence in

the case of the United States against Anton Dostler, as these

findings and sentence appear in the original record of the trial

and as they were announced in open court at Rome, Italy, on 12

October 1945:

“Findings: General Dostler, as President of this Commission it

is my duty to inform you that the Commission, in closed session

and upon secret written ballot, at least two-thirds of all the

members of the Commission concurring in each finding of guilty,

finds you of the specification and of the charge: Guilty.

“Sentence: And again in closed session and upon secret written

ballot, at least two-thirds of all the members of the Commission

concurring, sentences you: To be shot to death by musketry.”

Now the order of 18 October 1942 remained in force, so far as we know,

until the end of the war. I wish to offer 506-PS, which will be Exhibit

USA-549. This document is dated 22 June 1944. It is initialed by

Warlimont, and in it the OKW made it where the commando operation was

undertaken by only one person. I will read the single paragraph of the

order:

“The Operations Staff agrees with the view taken in the letter

of the army group judge to the Supreme Commander Southwest of 20

May 1944. The Führer Order is to be applied even if the enemy

employs only one person for a task. Therefore, it does not make

any difference if several persons or a single person take part

in a commando operation. The reason for the special treatment of

participants in a commando operation is that such operations do

not correspond to the German concept of usage and customs of

warfare.”

The Allied landing in Normandy early in June 1944, in the course of

which large-scale airborne operations took place, raised among the

Germans the question as to how far the Hitler Order would be applied in

Normandy, and in France behind the German lines. I direct the Court’s

attention to Document 531-PS, which will be Exhibit USA-550. The

memorandum is dated 23 June 1944 and is signed by Warlimont. Warlimont’s

memorandum starts by quoting a teletype received from the Supreme

Command in the West, inquiring what should be done about applying the

Hitler Order to airborne troops and commandos.

I would like to read a small part of the teletype, beginning at the

beginning:

“Supreme Command West; teletype message Number 1750/44; top

secret; 23 June 1944.

“The treatment of enemy commando groups has so far been carried

out according to the order referred to.”

If I may interpolate here, the order referred to is shown in the

cross-reference to the Führer Order of 18 October 1942.

“With the large-scale landing achieved, a new situation has

arisen. The order referred to directs, in Paragraph 5, that

enemy soldiers who are taken prisoner in open combat or

surrender within the limits of normal combat operations (such as

large-scale landing operations and undertakings) are not to be

treated according to Paragraphs 3 and 4. It must be established

in a form easily understood by the troops how far the concept

‘within the limits of normal combat operations, _et cetera_’ is

to be extended.”

Then I pass down to Subparagraph D and read the first sentence of that

subparagraph.

THE PRESIDENT: I think you ought to read the latter part of “C.”

COL. TAYLOR: Your Honor, I think it is all summarized in the one

sentence.

THE PRESIDENT: The last sentence is the one that I mean.

COL. TAYLOR: “Considerable reprisals against our own prisoners

must be expected if its contents become known.”

Then, continuing with “D”:

“The application of Number 5 for all enemy soldiers in uniform

penetrating from the outside into the occupied western

territories is held by the Supreme Command West to be the most

correct and clearest solution.”

Accordingly, as it is there shown, the Supreme Command in the West

directed that Paragraph 5, which is the paragraph under which the orders

for execution are not to be applied, should be utilized in the West.

At the foot of the page is the position taken by the Armed Forces

Operational Staff, the recommendation they were making:

“1. The Commando Order remains basically in effect, even after

the enemy landing in the West.

“2. Number 5 of the order is to be clarified to the effect that

the order is not valid for those enemy soldiers in uniform who

are captured in open combat in the immediate combat area of the

beachhead by our troops committed there, or who surrender. Our

troops committed in the immediate combat area means the

divisions fighting on the front line as well as reserves up to

and including corps headquarters.

“3. Furthermore, in doubtful cases, enemy personnel who have

fallen into our hands alive are to be turned over to the SD,

upon whom it is incumbent to determine whether the Commando

Order is to be applied or not.

“4. Supreme Command West is to see to it that all units

committed in its zone are orally acquainted in a suitable manner

with the order concerning the treatment of members of commando

undertakings of 18 October 1942, along with the above

explanation.”

The final document on this episode, or inquiry, is 551-PS, which becomes

Exhibit USA-551, and this is the actual order of 25 June 1944,

constituting OKW’s reply to the inquiry from the Supreme Command West,

signed by Keitel, initialed by Warlimont and Jodl. I will read beginning

with:

“Subject: Treatment of commando participants.

“1. Even after the landing of Anglo-Americans in France, the

order of the Führer on the annihilation of terror and sabotage

units of 18 October 1942 remains fully in force.

“Enemy soldiers in uniform in the immediate combat area of the

bridgehead, that is, in the area of the divisions fighting in

the most forward lines, as well as of the reserves up to the

corps commands, according to Number 5 of the basic order of 18

October 1942, remain exempted.

“2. All members of terror and sabotage units, found outside the

immediate combat area, who include fundamentally all

parachutists, are to be killed in combat. In special cases, they

are to be turned over to the SD.

“3. All troops committed outside the combat area of Normandy are

to be informed about the duty to destroy enemy terror and

sabotage units briefly and succinctly, according to the

directives issued for it.

“4. Supreme Commander West will report immediately daily how

many saboteurs have been liquidated in this manner. This applies

especially also to undertakings by the military commanders. The

number is to be published daily in the Armed Forces communiqué

to exercise a frightening effect, as had already been done

toward previous commando undertakings in the same manner.”

Your Lordship, there is just one further development in connection with

this order, this basic order, and that was that in July 1944. The

question was then raised within the German High Command as to whether

the order should be applied to members of foreign military missions with

special regard to the British, American, and Soviet military missions

which were co-operating with Allied Forces in Southeastern Europe,

notably in Yugoslavia. A long document signed by Warlimont, which is

1279-PS, and becomes Exhibit USA-552, embodies the discussions which

were had at OKW. I think I need not read from this document, and merely

wish to point out that the Armed Forces operational staff recommended

that the order should be applied to these military missions and drew up

a draft to this effect. I would, however, like to read 537-PS, which is

Exhibit USA-553. This is the order which actually resulted from these

discussions. It is dated 30 July 1944. I will read that in full:

“Subject: 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

specified 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 Führer’s order

concerning the annihilation of terror and sabotage troops of 18

October 1942.

“This order shall not be transmitted to units subordinate to the

corps commands and the equivalent staffs of the other branches

of the Armed Forces, and is to be destroyed after being made

known.

“The Chief of the High Command of the Wehrmacht, Keitel.”

Pursuant to this order, approximately 15 members of an Allied military

mission to Slovakia were executed in January 1945, as is shown by

Document L-51, which is already in the record as Exhibit USA-521, and

which has been read in full by Lieutenant Harris. I will not read it

again.

This concludes the presentation of documents with respect to the order

of the 18th of October 1942 and its subsequent enforcement and

application. I can pass from here to another subject.

THE PRESIDENT: We will adjourn for 10 minutes now.

[_A recess was taken._]

COL. TAYLOR: Your Lordship, the order I have just been discussing

operated chiefly in the Western Theater of War. This was natural, since

Germany occupied almost the entire western coast of Europe from 1940

until the last year of the war, and during that period land fighting in

Western Europe was largely limited to commando operations.

I want to pass now to the Eastern Front, where there was large-scale

land fighting in Poland and the Soviet Union, from 1941 on. Here the

German forces were fighting among a hostile population and had to face

extensive partisan activities behind their lines. I propose to show here

that the activities of the German Armed Forces against partisans and

against other elements of the population became a vehicle for carrying

out Nazi political and racial policies and a vehicle for the massacre of

Jews and numerous segments of the Slav population which were regarded by

the Nazis as undesirable. I will show that it was the policy of the

German Armed Forces to behave with the utmost severity to the civilian

population of the occupied territories; and that its military

operations, particularly against partisans, were so conducted as to

advance the Nazi policies to which I have referred.

I will show that the Armed Forces supported, assisted, and acted in

co-operation with the SS groups to which reference has been made in the

presentation by Major Farr and Colonel Storey.

I do not plan to make a full or even partial showing of war crimes on

the Eastern Front. That will be done by the Soviet Delegation. Nor do I

plan to retrace the ground covered by Colonel Storey and Major Farr

during their presentation of the evidence against the SS, SD, and

Gestapo, except to the extent necessary to clarify the relations between

these organizations and the German Armed Forces and to demonstrate their

close collaboration in the occupied territories of Eastern Europe.

The first document to which I will make reference is Document C-50,

which will be Exhibit USA-554; and it will show that these policies of

severity were determined upon and made official even before the invasion

of the Soviet Union took place. This document consists of an order by

Hitler dated 13 May 1941 and two covering transmittal sheets of

subsequent date. I ask the Tribunal to note on Page 4 of the translation

that the order is signed by Keitel, the Chief of the Supreme Command of

the Armed Forces, and also to note the distribution, which appears at

the foot of the second sheet, showing the distribution to the principal

staff sections. The order itself begins on the third page, and that is

where I propose to read. The document is entitled, “Order concerning the

exercise of martial jurisdiction and procedure in the area ‘Barbarossa’

and special military measures”:

“The application of martial law aims, in the first place, at

maintaining discipline.

“The fact that the operational areas in the East are so

far-flung, the battle strategy which this necessitates, and the

peculiar qualities of the enemy, confront the courts-martial

with problems which, being short-staffed, they cannot solve

while hostilities are in progress and until some degree of

pacification has been achieved in the conquered areas, unless

jurisdiction is confined, in the first instance, to its main

task.

“This is possible only if the troops themselves take ruthless

action against any threat from the enemy population.

“For these reasons I herewith issue the following order

effective for the area ‘Barbarossa’ (area of operations, Army

rear area, and area of political administration):

“I. Treatment of offenses committed by enemy civilians.

“1. Until further notice the military courts and the

courts-martial will not be competent for crimes committed by

enemy civilians.

“2. Guerillas should be disposed of ruthlessly by the military,

whether they are fighting or in flight.

“3. Likewise all other attacks by enemy civilians on the Armed

Forces, its members, and employees, are to be suppressed at once

by the military, using the most extreme methods, until the

assailants are destroyed.

“4. Where such measures have been neglected or were not at first

possible, persons suspected of criminal action will be brought

at once before an officer. This officer will decide whether they

are to be shot.

“On the orders of an officer with the powers of at least a

battalion commander, collective drastic measures will be taken

without delay against localities from which cunning or malicious

attacks are made on the Armed Forces, if circumstances do not

permit of a quick identification of individual offenders.

“5. It is expressly forbidden to keep suspects in custody in

order to hand them over to the courts after the reinstatement of

civil courts.

“6. The commanders of the army groups may, by agreement with the

competent naval and air force commanders, reintroduce military

jurisdiction for civilians in areas which are sufficiently

pacified.

“For the area of the political administration this order will be

given by the Chief of the Supreme Command of the Armed Forces.

“II. Treatment of offenses committed against inhabitants by

members of the Armed Forces and its employees.

“1. With regard to offenses committed against enemy civilians by

members of the Wehrmacht and its employees prosecution is not

obligatory, even where the deed is at the same time a military

crime or offense.

“2. When judging such offenses, it must be borne in mind,

whatever the circumstances, that the collapse of Germany in

1918, the subsequent sufferings of the German people, and the

fight against National Socialism which cost the blood of

innumerable supporters of the movement, were caused primarily by

Bolshevistic influence and that no German has forgotten this

fact.

“3. Therefore, the judicial authority will decide in such cases

whether a disciplinary penalty is indicated, or whether legal

proceedings are necessary. In the case of offenses against

inhabitants it will order a court-martial only if maintenance of

discipline or security of the forces call for such a measure.

This applies, for instance, to serious offenses originating in

lack of self-control in sexual matters or in a criminal

disposition and to those which indicate that the troops are

threatening to get out of hand. Offenses which have resulted in

senseless destruction of billets or stores or other captured

material, to the disadvantage of our forces, should as a rule be

judged no less severely.

“The order to institute proceedings requires in every single

case the signature of the judicial authority.

“4. Extreme caution is indicated in assessing the credibility of

statements made by enemy civilians.

“III. Responsibility of military commanders of the troops.

Within their sphere of competence military commanders are

personally responsible for seeing that:

“1. Every commissioned officer of the units under their command

is instructed promptly and in the most emphatic manner on

principles set out under I, above.

“2. Their legal advisers are notified promptly of these

instructions and of verbal information in which the political

intentions of the High Command were explained to the

commanders-in-chief.

“3. Only those court sentences are confirmed which are in

accordance with the political intentions of the High Command.

“IV. Security. Once the camouflage is lifted, this decree will

be treated as ‘most secret.’”

Your Lordship, the next document will be C-148, Exhibit USA-555. Less

than 3 months after the invasion of the Soviet Union, the instructions

which I have just read were amplified and made even more drastic.

Document C-148 is an order dated 16 September 1941, signed by Keitel,

widely distributed, as is shown on the second sheet where the

distribution is listed. This order is of general application in all

theaters of war, but from its contents it is clearly of primary

importance for the Eastern Front. I read, beginning at the start of the

order:

“Subject: Communist insurrection in occupied territories.

“1. Since the beginning of the campaign against Soviet Russia,

Communist insurrection movements have broken out everywhere in

the area occupied by Germany. The type of action taken is

growing from propaganda measures and attacks on individual

members of the Armed Forces into open rebellion and widespread

guerilla warfare.

“It can be seen that this is a mass movement centrally directed

by Moscow, which is also responsible for the apparently trivial

isolated incidents in areas which up to now have been otherwise

quiet.

“In view of the many political and economic crises in the

occupied areas, it must, moreover, be anticipated that

nationalist and other circles will make full use of this

opportunity of making difficulties for the German occupying

forces by associating themselves with the Communist

insurrection.

“This creates an increasing danger to the German war effort,

which shows itself chiefly in general insecurity for the

occupying troops, and has already led to the withdrawal of

forces to the main centers of disturbance.

“2. The measures taken up to now to deal with this general

Communist insurrection movement have proved inadequate. The

Führer has now given orders that we take action everywhere with

the most drastic means, in order to crush the movement in the

shortest possible time. Only this course, which has always been

followed successfully throughout the history of the extension of

influence of great peoples, can restore order.

“3. Action taken in this matter should be in accordance with the

following general directions:

“a. It should be inferred in every case of resistance to the

German occupying forces, no matter what the individual

circumstances, that it is of Communist origin.

“b. In order to nip these machinations in the bud the most

drastic measures should be taken immediately and on the first

indication, so that the authority of the occupying forces may be

maintained and further spreading prevented. In this connection

it should be remembered that a human life in the countries

concerned frequently counts for nothing, and a deterrent effect

can be attained only by unusual severity. The death penalty for

50-100 Communists should generally be regarded in these cases as

suitable atonement for one German soldier’s death. The way in

which sentence is carried out should still further increase the

deterrent effect.

“The reverse course of action, that of imposing relatively

lenient penalties and of being content, for purposes of

deterrence, with the threat of more severe measures does not

accord with these principles and shall not be followed.”

Unless the Court desires the next paragraph read, I will pass to Page 2,

at the very end of the document, Paragraph Number 4:

“The commanding officers in the occupied territories shall see

to it that these principles are made known without delay to all

military establishments concerned in dealing with Communist

measures of insurrection”—Signed—“Keitel.”

Your Lordship, the next document will have the Exhibit Number USA-556,

and it has been given the number D-411. It also has the designation

UK-81. It is the last document in Document Book 2. This is a set of

documents which includes a directive, dated 10 October 1941, by Field

Marshal Von Reichenau, who was the Commander-in-Chief (Oberbefehlshaber)

of the German 6th Army then operating on the Eastern Front. Reichenau,

who died in 1942, was therefore a member of the group as defined in the

Indictment; and here is what he had to say. I begin reading at Page 5 of

the translation:

“Subject: Conduct of troops in Eastern Territories.

“Regarding the conduct of troops towards the Bolshevistic

system, vague ideas are still prevalent in many cases. The most

essential aim of war against the Jewish-Bolshevistic system is a

complete destruction of their means of power and the elimination

of Asiatic influence from the European culture. In this

connection the troops are facing tasks which exceed the

one-sided routine of soldiering. The soldier in the Eastern

Territories is not merely a fighter according to the rules of

the art of war, but also a bearer of ruthless national ideology

and the avenger of bestialities which have been inflicted upon

German and racially related nations.

“Therefore, the soldier must have full understanding for the

necessity of a severe but just revenge on subhuman Jewry. The

Army has to aim at another purpose, that is the annihilation of

revolts in the hinterland, which as experience proves, have

always been caused by Jews.

“The combatting of the enemy behind the front line is still not

being taken seriously enough. Treacherous, cruel partisans and

unnatural women are still being made prisoners of war; and

guerilla fighters dressed partly in uniforms or plain clothes

and vagabonds are still being treated as proper soldiers and

sent to prisoner-of-war camps. In fact, captured Russian

officers talk even mockingly about Soviet agents moving openly

about the roads and very often eating at German field kitchens.

Such an attitude of the troops can only be explained by complete

thoughtlessness, so it is now high time for the commanders to

clarify the meaning of the present struggle.

“The feeding of the natives and of prisoners of war who are not

working for the Armed Forces from army kitchens is an equally

misunderstood humanitarian act, as is the giving of cigarettes

and bread. Things which the people at home can spare under great

sacrifices and things which are being brought by the command to

the front under great difficulties should not be given to the

enemy by the soldier, not even if they originate from booty. It

is an important part of our supply.

“When retreating the Soviets have often set buildings on fire.

The troops should be interested in extinguishing fires only as

far as it is necessary to secure sufficient numbers of billets.

Otherwise, the disappearance of symbols of the former

Bolshevistic rule, even in the form of buildings, is part of the

struggle of destruction. Neither historic nor artistic

considerations are of any importance in the Eastern Territories.

“The command issues the necessary directives for the securing of

raw materials and plants essential for war economy. The complete

disarming of the civil population in the rear of the fighting

troops is imperative, considering the long and vulnerable lines

of communication. Where possible, captured weapons and

ammunition should be stored and guarded. Should this be

impossible because of the situation, the weapons and ammunition

will be rendered useless. If isolated partisans are found using

firearms in the rear of the Army, drastic measures are to be

taken. These measures will be extended to that part of the male

population who were in a position to hinder or report the

attacks. The indifference of numerous allegedly anti-Soviet

elements, which originates from a ‘wait-and-see’ attitude, must

give way to a clear decision for active collaboration. If not,

no one can complain about being judged and treated as a member

of the Soviet system.

“The fear of the German counter measures must be stronger than

the threats of the wandering Bolshevistic remnants. Being far

from all political considerations of the future, the soldier has

to fulfill two tasks:

“1. Complete annihilation of the false Bolshevistic doctrine of

the Soviet State and its armed forces.

“2. The pitiless extermination of alien treachery and cruelty

and thus the protection of the lives of German military

personnel in Russia.

“This is the only way to fulfill our historic task to liberate

the German people once and forever from the Asiatic-Jewish

danger. Signed: Von Reichenau, Oberbefehlshaber.”

The Tribunal will note the sheet immediately preceding Reichenau’s

order. That is Sheet Number 4 of the translation, which is a memorandum

dated 28 October 1941. It shows that Reichenau’s order met with Hitler’s

approval and was thereafter circulated by order of the

Commander-in-Chief of the German Army.

The Tribunal will also note from the first sheet, the very top sheet in

the several ensuing, that Reichenau’s order was thereafter circulated

down to divisional level, and was received by the 12th German Infantry

Division on 27 November 1941.

These being the directives and policies prescribed by the German

military leaders, it is no wonder that the Wehrmacht joined in the

monstrous behavior and activities of the SS and SD on the Eastern Front.

Colonel Storey described to the Tribunal the formation of units known as

Einsatzgruppen by the Sipo and SD, which were sent out to operate in and

behind the operational areas on the Eastern Front, in order to combat

partisans and to cleanse and pacify the civilian population. Major Farr

and Colonel Storey both presented to the Tribunal a large amount of

evidence showing the manner in which these units operated.

I want to refer back briefly to a few of these documents in order to

trace the participation of the Armed Forces in those circumstances.

Colonel Storey read at length from 3012-PS, which is Exhibit USA-190,

dated 19 March 1943. It is a directive from the commanding officer of

one of these groups. This directive praised and justified such

activities as the shooting of Hungarian Jews, shooting of children, and

the total burning of villages and directed that in order not to obstruct

the procuring of slave labor for the German armament industry, “as a

rule no more children will be shot.”

Major Farr read from R-102, which is Exhibit USA-470, a report covering

the work of the Einsatzgruppen in the German occupied territories of the

Soviet Union during the month of October 1941. This report states

cynically on Page 7:

“Spontaneous demonstrations against Jewry followed by pogroms on

the part of the population against the remaining Jews have not

been recorded on account of the lack of adequate instructions.”

It shows as clearly as the human eye can see that pacification and

anti-partisan activities became mere code words for the extermination of

Jews just as much as Weserübung was the code word for the invasion of

Norway and Denmark.

We have seen from the documents quoted a few moments ago that the German

Army received some similar policies and directives. It only remains to

show that in the field the Army and the SS worked hand in glove.

The Tribunal will recall the document quoted by Major Walsh, 1061-PS,

already in evidence as Exhibit USA-275. It describes the destruction of

the Warsaw ghetto; and at this time I merely want to call attention to

one paragraph appearing at Page 6 of the translation, the third

paragraph from the bottom of the page, where the author of the document

stresses the close co-operation between the SS and the Army. I read that

one paragraph and quote:

“The longer the resistance lasted, the tougher the men of the

Waffen-SS, Police, and Wehrmacht became; they fulfilled their

duty indefatigably in faithful comradeship and stood together as

models and examples of soldiers. Their combat duty often lasted

from early morning until late at night. At night search patrols

with rags wound round their feet remained at the heels of the

Jews and gave them no respite. Not infrequently they caught and

killed Jews who used the night hours for supplementing their

stores from abandoned dug-outs and for contacting neighboring

groups or exchanging news with them.”

To the same general effect is R-135, Exhibit USA-289, which is a report

dated 5 June 1943 by the German General Commissioner for Minsk. Major

Farr read from this report, describing an anti-partisan operation in

which 4,500 enemies were killed: 5,000 suspected partisans and 59

Germans. The co-operation by the German Army is shown in the following

excerpt, and I will begin reading at the bottom of Page 3 of the

translation:

“The figures mentioned above indicate that again a heavy

destruction of the population must be expected. If only 492

rifles are taken from 4,500 enemy dead, this discrepancy shows

that among these enemy dead were numerous peasants from the

country. The battalion Dirlewanger especially has a reputation

for destroying many human lives. Among the 5,000 people

suspected of belonging to bands, there were numerous women and

children.

“By order of the chief of anti-partisan units, SS

Obergruppenführer Von dem Bach, units of the Wehrmannschaften

have also participated in the operation. SA Standartenführer

Kunze was in command of the Wehrmannschaften, among whom there

were also 90 members from my office and from the District

Commissariat of Minsk. Our men returned from the operation

yesterday without losses.”

I need not read the rest of that. The next paragraph shows again the

participation of the Armed Forces personnel.

The SS Obergruppenführer Von dem Bach, referred to in this quotation,

will be a witness later in the day, and in this connection I want to

call the Court’s attention to 1919-PS, Exhibit USA-170, which is

Himmler’s speech on October 4, 1943 to a gathering of SS generals at

Posen. In this speech Himmler mentioned the appointment of Von dem Bach

to be chief of all anti-partisan units, and I would like to read one

paragraph from Page 3 of the document merely for purpose of

identification of the witness:

“Chief of the anti-partisan combat units:

“In the meantime I have also set up the department of the Chief

of the anti-partisan combat units. Our comrade SS

Obergruppenführer Von dem Bach is Chief of the anti-partisan

combat units. I considered it necessary for the Reichsführer SS

to be in authoritative command in all these battles, for I am

convinced that we are best in a position to take action in this

struggle, which is decidedly a political one. Except where the

units which had been supplied and which we had formed for this

purpose were taken from us to fill in gaps at the front, we have

been very successful.”

There is one further document which has already been introduced from

which I wish to read new material. That is L-180, which is already in

evidence as Exhibit USA-276. It is the report of Einsatzgruppe A,

covering the period up to 15 October 1941. I think the excerpts which I

will read will make clear beyond doubt the participation of the German

military leaders and Armed Forces in the activities of these

Einsatzgruppen. I read first from Page 2 of the translation, the top of

the page:

“Einsatz Group A, after preparing their vehicles for action,

proceeded to their area of concentration as ordered on 23 June

1941, the second day of the campaign in the East. Army Group

North, consisting of the 16th and 18th Armies and Panzer Group

4, had started the advance the day before. Our task was to

establish hurriedly personal contact with the commanders of the

armies and with the commander of the army rear area. It must be

stressed from the beginning that co-operation with the Armed

Forces was generally good; in some cases, for instance with

Panzer Group 4 under Colonel General Höppner, it was very close

and almost cordial. Misunderstandings which cropped up with some

authorities in the first days were cleared up mainly through

personal discussions.”

This ends that particular extract. I read next a series of extracts, of

which the first is at the bottom of Page 2:

“Similarly, native anti-Semitic forces were induced to start

pogroms against Jews during the first hours after the entry,

though this inducement proved to be very difficult. Following

out orders the Security Police was determined to solve the

Jewish question with all possible means and most decisively. But

it was desirable that the Security Police should not put in an

immediate appearance, at least in the beginning, since the

extraordinarily harsh measures were apt to stir even German

circles. It had to be shown to the world that the native

population itself took the first action by way of natural

reaction against the suppression by Jews during several decades

and against the terror exercised by the Communists during the

preceding period.”

Next I pass to Page 4 of the translation, about half way down the page,

the middle of the first complete paragraph:

“After the failure of purely military activities, such as the

placing of sentries and combing through the newly occupied

territories with whole divisions, even the Armed Forces had to

look out for new methods. The Einsatz group undertook the search

for new methods as an essential task. Soon, therefore, the Armed

Forces adopted the experiences of the Security Police and their

methods of combatting the partisans. For details I refer to the

numerous reports concerning the struggle against the partisans.”

I pass next to Page 6 under “Instigation of self-cleansing actions”:

“Considering that the population of the Baltic countries had

suffered very heavily under the government of bolshevism and

Jewry while they were incorporated in the U.S.S.R., it was to be

expected that after the liberation from that foreign government,

they (that is, the population themselves) would render harmless

most of the enemies left behind after the retreat of the Red

Army. It had to be the duty of the Security Police to set in

motion these self-cleansing movements and to direct them into

the correct channels in order to accomplish the purpose of the

cleansing operations as quickly as possible. It was no less

important, in view of the future, to establish the unshakeable

and provable fact that the liberated population themselves took

the most severe measures against the bolshevist and Jewish enemy

quite on their own, so that the direction by German authorities

could not be found out.

“In Lithuania this was achieved for the first time by partisan

activities in Kovno. To our surprise it was not easy, at first,

to set in motion an extensive pogrom against the Jews. Klimatis,

the leader of the partisan unit mentioned above, who was used

for this purpose primarily, succeeded in starting a pogrom on

the basis of advice given to him by a small advanced detachment

acting in Kovno and in such a way that no German order or German

instigation was noticed from the outside. During the first

pogrom in the night from 25 to 26 June, the Lithuanian partisans

did away with more than 1,500 Jews, setting fire to several

synagogues or destroying them by other means and burning down a

Jewish dwelling district consisting of about 60 houses. During

the following nights 2,300 Jews were eliminated in a similar

way. In other parts of Lithuania similar actions followed the

example of Kovno, though smaller and extending to the Communists

who had been left behind.

“These self-cleansing actions went smoothly because the Army

authorities, who had been informed, showed understanding for

this procedure. From the beginning it was obvious that only the

first days after the occupation would offer the opportunity for

carrying out pogroms. After the disarmament of the partisans the

self-cleansing actions ceased necessarily.”

I pass to Page 10 of the translation, toward the bottom under “Other

jobs of the Security Police”:

“Occasionally the conditions prevailing in the lunatic asylums

necessitated operations of the Security Police.”

Passing to the next paragraph:

“In some cases authorities of the Armed Forces asked us to clean

out, in a similar way, other institutions which were wanted as

billets. However, as interests of the Security Police did not

require any intervention, it was left to the authorities of the

Armed Forces to take the necessary action with their own

forces.”

I pass on to Page 17 of the translation, the paragraph at the top of the

page: “But it was decided . . .”

THE PRESIDENT: Colonel Taylor, did you read Paragraph 5 (1) on Page 10?

COL. TAYLOR: 5 (1) on Page 10? I read the first passage, Your Honor. If

you would like it in full . . .

THE PRESIDENT: I think perhaps you might go to the end of it.

COL. TAYLOR: “Occasionally the conditions prevailing in the

lunatic asylums necessitated operations of the Security Police.

Many institutions had been robbed by the retreating Russians of

their whole food supply. Often the guard and nursing personnel

had fled. The inmates of several institutions broke out and

became a danger to the general security; therefore, in Aglona

(Lithuania) 544 lunatics, in Mariampol (Lithuania) 109 lunatics,

and in Mogutowo, near Luga, 95 lunatics were liquidated.”

Passing back to Page 17, the first paragraph on that page:

“When it was decided to extend the German operations to

Leningrad and also to extend the activities of Einsatz Group A

to this town, I gave orders on 18 July 1941, to parts of

Einsatzkommandos 2 and 3 and to the staff of the group to

advance to Novosselje, in order to prepare these activities and

to be able to advance as early as possible into the area around

Leningrad and into the city itself. The advance of the forces of

Einsatz Group A, which were intended to be used for Leningrad,

was effected in agreement with and on the express wish of Panzer

Group 4.”

The final quotation from this document is Page 18, last paragraph:

“Einsatzkommandos of Einsatz Group A of the Security Police

participated from the beginning in the fight against the

nuisance created by partisans. Close collaboration with the

Armed Forces and the exchange of experiences which were

collected in the fight against partisans, brought about a

thorough knowledge of the origin, organization, strength,

equipment and system used by the Red partisans as time went on.”

Now, in the light of these documents, I would like to turn to some of

the remaining affidavits which are before the Tribunal in Document Book

I. These affidavits have been furnished by responsible officials in both

the Wehrmacht and the SS and fill in much of the background for the

documents.

Affidavit Number 12 is an affidavit by Schellenberg, which in view of

the fact that its contents have been covered in Schellenberg’s and

Ohlendorf’s testimony, I do not propose to read. It covers much of the

same ground, and I see no reason to take the time of the Tribunal by

reading it. I should like to have it considered, subject to the usual

rule that Schellenberg can be questioned on any of these matters by the

Defense. The affidavit itself is available in French and Russian as well

as in English and in German for the Defense, so I will pass over that

one.

I turn to Affidavit Number 13, which will be Exhibit USA-558, Document

Number 3711-PS. Schellenberg’s affidavit will be Exhibit USA-557,

Document Number 3710-PS; Number 13 is 558. This is an affidavit by

Wilhelm Scheidt, a retired captain of the German Army, who worked in the

War History Section of the OKW from 1941 to 1945. It sheds considerable

light on the relations between the Wehrmacht and the SS at the top with

respect to anti-partisan warfare. I will read the affidavit:

“I, Wilhelm Scheidt, belonged to the War History Section of the

OKW from the year 1941 to 1945.

“Concerning the question of partisan warfare I state that I

remember the following from my knowledge of the documents of the

Operations Staff of the OKW as well as from my conversations in

the Führer’s headquarters with Major General Walter Scherff, the

Führer’s appointee for the compilation of the history of the

war.

“Counter-partisan warfare was originally a responsibility of

Reichsführer SS Heinrich Himmler, who sent police forces to

handle this matter.

“In the years 1942 and 1943, however, counter-partisan warfare

developed to such an extent that the Operations Staff of the OKW

had to give it special attention. In the Army Operations Section

of the Operations Staff of the OKW, a specific officer was

assigned the development of counter-partisan warfare as his

special task. It proved necessary to conduct extensive

operations against the partisans with Wehrmacht troops in

Russian, as well as Yugoslavian territory. Partisan operations

for a long while threatened to cut off the lines of

communication and transport routes that were necessary to

support the German Wehrmacht. For instance, a monthly report

concerning the attacks on the railroad lines in occupied Russia

revealed that in the Russian area alone from 800 to 1,000

attacks occurred each month during that period causing among

other things the loss of from 200 to 300 locomotives.

“It was a well-known fact that partisan warfare was conducted

with cruelty on both sides. It was well known that reprisals

were inflicted on hostages and communities whose inhabitants

were suspected of being partisans or of supporting them. It is

beyond question that these facts must have been known to the

leading officers in the Operations Staff of the OKW and in the

Army’s General Staff. It was further well known that Hitler

believed that the only successful method of conducting

counter-partisan warfare was to employ cruel punishments as

deterrents.

“I remember that, at the time of the Polish revolt in Warsaw, SS

Gruppenführer Fegelein reported to Colonel General Guderian and

Jodl about the atrocities of the Russian SS Brigade Kaminski,

which fought on the German side.”

Now, the foregoing documents and the testimony of Ohlendorf and

Schellenberg relate to the arrangements which were made between the OKW,

OKH, and Himmler’s headquarters with respect to anti-partisan warfare.

They show conclusively that these arrangements were made jointly and

that the High Command of the Armed Forces was not only fully aware of,

but was an active participant in, these plans.

Turning now to the field, I would like to read three statements by

General Hans Röttiger, which will be Affidavits Numbers 15 and 16:

Exhibit USA-559, Document Number 3713-PS; and USA-560, Document Number

3714-PS. General Röttiger attained the rank of general of panzer troops,

the equivalent of a lieutenant general in the American Army, and was

Chief of Staff of the German 4th Army, and later of Army Group Center on

the Eastern Front, during the period of which he speaks.

The first statement is as follows:

“As Chief of Staff of the 4th Army from May 1942 to June 1943,

to which was later added the area of the 9th Army, I often had

occasion to concern myself officially with anti-partisan

warfare. For the execution of these operations the troops

received orders from the highest authority, as for example even

the OKH, to use the harshest methods. These operations were

carried out by troops of the army group and of the army, as, for

example, security battalions.

“At the beginning, in accordance with orders which were issued

through official channels, only a few prisoners were taken. In

accordance with orders Jews, political commissars, and agents

were delivered up to the SD.

“The number of enemy dead mentioned in official reports was very

high in comparison with our own losses. From the documents which

have been shown to me I have now come to realize that the order

from the highest authorities for the harshest conduct of the

anti-partisan war can only have been intended to make possible a

ruthless liquidation of Jews and other undesirable elements by

using for this purpose the military struggle of the Army against

the partisans.”

The second statement:

“Supplementary to my first declaration of 8 December 1945, I

declare:

“As I stated orally on 28 November 1945, my then commander of

the 4th Army instructed his troops many times not to wage war

against the partisans more severely than was required at the

time by the position. This struggle should only be pushed to the

annihilation of the enemy after all attempts to bring about a

surrender failed. Apart from humanitarian reasons we necessarily

had an interest in taking prisoners, since very many of them

could very well be used as members of native volunteer units

against the partisans.

“Alongside the necessary active combatting of partisans, there

was propaganda directed at the partisans and also at the

population with the object, by peaceful means, of causing them

to give up partisan activities. For instance, in this way the

women, too, were continually urged to get their men back from

the forests or to keep them by other means from joining the

partisans. And this propaganda had good results. In the spring

of 1943 the area of the 4th Army was as good as cleared of

partisans. Only on its boundaries, and then only from time to

time, were partisans in evidence when they crossed into the area

of the 4th Army from neighboring areas. The army was obliged on

this account, on the orders of Army Group Center, to give up

security forces to the neighboring army to the south.”

The third statement by Röttiger, Number 16:

“During my period of service, from May 1942 to June 1943, as

Chief of Staff of the 4th Army of the Army Group Center, SD

units were attached in the beginning, apparently for the purpose

of counter-intelligence activity in front-line areas. It was

clear later on that these SD units were causing great

disturbances among the local civilian population, with the

result that my commanding officer therefore asked the commander

of the Army Group, Field Marshal Von Kluge, to order the SD

units to clear out of the front-line areas, which took place

immediately. The reason for this, first and foremost, was that

the excesses of the SD units, by way of execution of Jews and

other persons, assumed such proportions as to threaten the

security of the army in its combat areas because of the

infuriated civilian populace. Although in general the special

tasks of the SD units were well known and appeared to be carried

out with the knowledge of the highest military authorities, we

opposed these methods as far as possible because of the danger

which existed for our troops, as I have mentioned above.”

I would like now to offer one final document, the last document,

1786-PS, which will be Exhibit USA-561. This is an extract from the war

diary of the Deputy Chief of the Armed Forces Operational Staff, dated

14 March 1943. I propose to read the last two paragraphs, which deal

with the problem of shipping of suspected partisans to concentration

camps in Germany.

The Tribunal will see, from the extracts which I will read, that the

Army was chiefly concerned with preserving a sufficient severity of

treatment for suspected partisans without at the same time obstructing

the procurement of labor from the occupied territories.

I will read the last two paragraphs:

“The Quartermaster General, together with the Economic Staff

East, has proposed that the deportees should be sent either to

prison camps or to reformatory labor camps in their own area and

that deportation to Germany should take place only when the

deportees are on probation and in less serious cases.

“In view of the Armed Forces Operations Staff, this proposal

does not take sufficient account of the severity required and

leads to a comparison with the treatment meted out to the

‘peaceful population’ which has been called upon to work. He

recommends, therefore, transportation to concentration camps in

Germany which have already been introduced by the Reichsführer

SS for his sphere and which he is prepared to introduce for the

Armed Forces in the case of an extension to the province of the

latter. The High Command of the Armed Forces therefore orders

that partisan helpers and suspects who are not to be executed

should be handed over to the competent Higher SS and Police

Leader, and orders that the difference between ‘punitive labor’

and ‘being set to labor in Germany’ be made clear to the

population.”

Finally, I would like to offer a group of four affidavits which show

that the anti-partisan activities on the Eastern Front were under the

command of and supported by the Wehrmacht, and that the nature of these

activities was fully known to the Wehrmacht.

The first of these is Affidavit Number 17, Exhibit USA-562, Document

Number 3715-PS by Ernst Rode, who was an SS Brigadeführer and major

general of the Police, and was a member of Himmler’s personal command

staff from 1943 to 1945:

“I, Ernst Rode, was formerly Chief of the Command Staff of the

Reichsführer SS, having taken over this position in the spring

of 1943 as successor to former SS Obergruppenführer Kurt

Knoblauch. My last rank was Major General of Police and of the

Waffen-SS. My function was to furnish the forces necessary for

anti-partisan warfare to the Higher SS and Police Leaders and to

guarantee the support of Army Forces. This took place through

personal discussions with the leading officers of the Operations

Staff of the OKW and OKH, namely with General Warlimont, General

Von Buttlar, Colonel General Guderian, Colonel General Zeitzler,

General Heusinger, later General Wenk, Colonel Graf Kielmannsegg

and later, Colonel Von Bonin. Since anti-partisan warfare also

was under the sole command of the respective army group

commander in operational areas—for instance, in Army Group

Center under Field Marshal Kluge and later Busch—and since

police troops for the most part could not be spared from the

Reich Commissariats, the direction of this warfare lay

practically always entirely in the hands of the Army. In the

same way orders were issued not by Himmler but by the OKH. SS

and Police troops transferred to operational areas from the

Reichskommissariate to support the army groups were likewise

under the latter’s command. Such transfers were frequent and

therefore resulted in harm to anti-partisan warfare in the

Reichskommissariate. According to a specific agreement between

Himmler and the OKW and OKH, the direction of individual

operations lay in the hands of the troop leader who commanded

the largest troop contingent. It was therefore possible that an

Army general could have SS and Police under him; and, on the

other hand, that army troops could be placed under a general of

the SS and Police. Anti-partisan warfare in operational areas

could never be ordered by Himmler. I could merely request the

OKH to order it, until 1944, mostly through the intervention of

Generalquartiermeister Wagner or through State Secretary

Ganzenmüller. The OKH then issued corresponding orders to the

army groups concerned for compliance.

“The severity and cruelty with which the intrinsically

diabolical partisan warfare was conducted by the Russians had

already resulted in Draconian laws being issued by Hitler for

its conduct. These orders, which were passed on to the troops

through the OKW and OKH, were equally applicable to army troops

as well as to those of the SS and Police. There was absolutely

no difference in the manner in which these two components

carried on this warfare. Army soldiers were exactly as

embittered against the enemy as were those of the SS and Police.

“As a result of this embitterment orders were ruthlessly carried

out by both components, a thing which was also quite in keeping

with Hitler’s desires or intentions. As proof of this, the order

of the OKW and OKH can be adduced which directed that all

captured partisans, for instance, such as Jews, agents, and

political commissars, should without delay be handed over by the

troops to the SD for special treatment. This order also

contained the provision that in anti-partisan warfare no

prisoners except the above-named be taken. That anti-partisan

warfare was carried on by army troops mercilessly and to every

extreme, I know as the result of discussions with army troop

leaders, for instance with General Herzog, Commander of the 38th

Army Corps, and with his Chief of Staff, Colonel Pamberg, in the

General Staff, both of whom support my opinion. Today it is

clear to me that anti-partisan warfare gradually became an

excuse for the systematic annihilation of Jewry and Slavism.”

Your Lordship, I am told that I misread and said “Hitler” instead of

“Himmler”.

I next wish to offer another and shorter statement by Rode, which shows

that the SD Einsatzgruppen were under Wehrmacht command. This is Number

18, Exhibit USA-563; Document Number 3716-PS:

“As far as I know, the SD Einsatz groups with the individual

army groups were completely subordinate to them, that is to say

tactically as well as in every other way. The commanders were

therefore thoroughly cognizant of the missions and operational

methods of these units. They approved of these missions and

operational methods because, apparently, they never opposed

them. The fact that prisoners, such as Jews, agents, and

commissars, who were handed over to the SD, underwent the same

cruel death as victims of so-called purifications, is a proof

that the executions had their approval. This also corresponded

with what the highest political and military authorities wanted.

Frequent mentions of these methods were naturally made in my

presence at the OKW and OKH; and they were condemned by most SS

and Police officers, just as they were condemned by most army

officers. On such occasions I always pointed out that it would

have been quite within the scope of the authority of the

commanders of army groups to oppose such methods. I am of the

firm conviction that an energetic and unified protest by all

field marshals would have resulted in a change of these missions

and methods. If they should ever assert that they would then

have been succeeded by even more ruthless commanders, this, in

my opinion, would be a foolish and even cowardly dodge.”

I would like next to read the final affidavit, Number 24, in Document

Trial of the Major War Criminals Before the International Military Tribunal, Nuremburg, 14 November 1945-1 October 1946, Volume 04 · 第 14 / 17 章