Top Secret.
Reed from: GWOKA. day: 13/10. time 14.15 by [signature] -f KR Woka 02901. 13/10 1253. .
To Ops Staff of the Wehrmacht/QU/Administration-Ops. Staff of the Wehrmacht/QU/K. 2 Addresses.
Top Secret.
Ref: Treatment of Prisoners of War.
Regarding the notice dated 7-10-42. issued by the O K W—The following attitude in abbreviated form is taken regarding the discussions and measures which have been commenced.
1. Chaining: Chaining is admissible within the framework of military necessity, as then it is neither dishonourable nor inhuman.
2. Treatment of Sabotage units: Sabotage units in uniform are soldiers and have the right to be treated as prisoners of war. Sabotage units in civilian clothes or German uniform have no claim to treatment as prisoners of war (francs tireurs).
3. Reprisals against prisoners of war: Reprisals against prisoners of war are absolutely inadmissible according to the prisoner of war agreement ratified in 1934. The British counter measures are therefore also contrary to international law. This conception is shared by the Foreign Office.
369
1266-PS
4. Officers of mediation by the International Eed Cross or by the Swiss Government should, in the opinion of this department, be accepted.
5. The memorandum announced regarding the treatment of British prisoners of war:
It is requested, when drawing up the memorandum, to base it on the concepts laid down in pars. (1)-(3), as these lie in our own interests.
6. In order to avoid difficulties it is requested that, before publishing such important and fundamental announcements, the Foreign Dept Counter Intelligence be consulted in good time.
7. We refer to teleprint No. 00381/42 Top Secret, Foreign Dept. I B5 of the 10.10.1942 and the telephone conversations with Major Kipp about pars. (1), (3) and (4), as well as the proposal with regard to par. (4), passed on by telephone. (Wehrmacht Legal Department and Foreign Office—P.W. Dept have 0 K W Foreign Department Counter Intelligence AG. Foreign Dept No. 1531/42 Top Secret Foreign Dept. I (B5)
Signed: CANARIS.
WR [Legal Department of the Armed Forces]
133/42 Top Secret (III/10a) 993/42 Secret
15.10.42 Wer Wolf.
Secret
To: Operational Staff of the Armed Forces/Qu. Admin/(in confirmation of telephone conversation)
[Pencil note:]
On 15.10.19 [sic] "Written note of telephonic communication to Chief of Operational Staff of thé . Armed Forces through
G IV
[signature illegible] 18.10 Fuehrer has issued the decree, [initialed by same as above]
For information to:
Foreign Dept/Counter Intelligence.
Subject: Treatment of prisoners of war.
Ref: Supreme Command of the Armed Forces/Foreign Dept/ Counter Intelligence.
Ag. Foreign Dept. No. 1531/42 Top Secret Foreign Dept. I (B 5) of 13.10 1942.
370
1266—PS
As regards (1) "As an extraordinary measure in case of emergency" is to be inserted.
As regards (2) Agreed in principle. But the following train of thoughts can perhaps be put forward for
' special cases:
The methods of waging war which are now available and which are to be prevented, only came up long after the Hague regulations governing land warfare were created, in particular as a result of aerial warfare. The large scale employment of parachutists for purposes of sabotage must here be pointed out in particular. Now, whoever commits acts of sabotage as a soldier, with the intention of surrendering without a fight afterwards, does not behave like an honest fighter. He misuses the right of article 230 of the Hague land warfare regulations during the drawing up of which such methods of warfare were not had in mind. This misuse lies in the speculation of surrendering without a fight after successfully carrying out sabotage.
The conception regarding the inadmissibility of sabotage detachments can be supported without qualification if we make it apply to ourselves also.
As regards (3) The Wehrmacht Legal Dept, does not agree without limitations.
Reprisals against POWs must be admissible in the case of very serious violations by the enemy in the treatment of POWs. If, for instance, the enemy was to have 10,000 German POWs shot, then the untenableness of the thesis of the ban without exception on reprisals could hardly be doubted.
[Marginal note in Jodi's handwriting: "Quite right."]
One cannot surrender to the enemy for better or for worse by renouncing reprisals on principle. The statute regarding the mutual obligation to keep a treaty is so obvious that it cannot be simply eliminated by article 2, paragraph 3 of the POW agreement. If necessary, it would be best to state this without offering any reasons for it.
[signed] LEHMANN.
Memoranda on applying Hitler's order to treat commandos and saboteurs as "bandits" rather than soldiers; those not killed immediately are to be interrogated and then turned over to the SD (not treated as POWs)
Authors
Walter Warlimont (general; deputy chief, operations staff of the armed forces)
Walter Warlimont
German general (1894-1976)
- Born: 1894-10-03 (Osnabrück)
- Died: 1976-10-09 (Kreuth)
- Country of citizenship: Germany
- Occupation: military officer (military rank: general)
- Member of: High Command of the Armed Forces (since: 1941-01-01)
- Participant in: Hostages Trial (date: 1947-07-04; role: affiant); Judges' Trial
- Significant person: Hermann Foertsch (role: colleague, friend); Walter Kuntze
- Military rank: General of the Artillery
Werner Huelle (Dr., legal officer, High Command of the Armed Forces)
Werner Huelle
German judge
- Born: 1903-04-30 (Szczecin)
- Died: 1992-01-16 (Oldenburg)
- Country of citizenship: Germany
- Occupation: judge
- Participant in: Judges' Trial (date: 1947-07-15; role: affiant)
- Significant person: Wilhelm von Ammon
- Employer: Federal Court of Justice of Germany (period: 1950-10-02 through 1955-01-26)
- VIAF ID: https://viaf.org/viaf/309678613
Oberkommando of the Wehrmacht (OKW) (high command and/or general staff)
Date: 08 October 1942
Literal Title: Memorandum.
Defendants: Alfred Jodl, Wilhelm Keitel
Total Pages: 5
Language of Text: English
Source of Text: Nazi conspiracy and aggression (Office of United States Chief of Counsel for Prosecution of Axis Criminality. Washington, D.C. : U.S. Government Printing Office, 1946.)
Evidence Code: PS-1266
HLSL Item No.: 452129
Trial Issues
Partisan fighters (and commandos), operations against, and treatment of (I… Prisoners of war, abuse, forced labor, or killing of (IMT, NMT 2, 5, 12)
Document Summary
PS-1266: Correspondence and Draft on Hitler Order for Shooting of Commandos
PS-1266: Memorandum by the WehrmachtfÜhrungsstab, 8 October 1942, concerning the extermination of enemy sabotage units; telephone communication by ministerial Councillor Dr. HÜlle on the matter; top-secret teletype from Warlimont to Ausland Abwehr (counterespionage service), 9 October 1942, on the same matter and draft of an order; note by the WehrmachtfÜhrungsstab, 14 October 1942, concerning the attitude of the chief of the legal department of the Wehrmacht on the same subject
PS-1266: A.) Top secret teletype from General Warlimont, Deputy Chief of OKW Operational Staff (handwritten signature) to OKW Foreign Intelligence Department, dated 9 October 1942.