After the Polish campaign I became Chief of General Staff of the XXVIth Infantry Corps in the West. In the fall of 1940 I became Commanding General of the General Staff Courses in Berlin. I participated in the Balkan Campaign as Liaison Officer of the OKH with the 12th Army. I became Chief of General Staff of the 12th Army in May 1941. In 1942 I was promoted to Generalmajor (Brigadier General). I remained in the Southeast as Chief of General Staff of Army Group E and later of Army Group F. From 1943 on I had the rank of Generalleutnant (Major General). I was appointed Commanding Officer of the 21st Infantry Division in the Northern Sector of the Eastern Front in Summer of 1944. Subsequently I was promoted to General der Infantry (Lieutenant General) and was Commanding Officer of the Xth Army Corps until December 1944. After an interval I took over the command of the 1st Army on the Western Frontier of the Reich on 2.3.45 I remained in this position until the end of the War. On 4.5.45 I signed the surrender of Army Group G in Haar near Munich.- In World War II, in 1940, I was decorated with clasps to the Iron Cross 2nd and 1st Class. In 1943 I received the German Cross in Gold and in 1944 the Knights Cross to the Iron Cross.
"I have been married since 1924. I have three sons who were born in 1925, 1928 and 1934 respectively. The oldest son - an Army Lieutennant - has been missing since January 1945.
"I have never belonged to any party or any other organization. I have been a regular Army Officer without any break.
"From 1927 to 1939 several of my writings of a military nature were published, particularly in the daily press and in military periodicals. My most important book published is entitled "Kriedgskunst heute and morgen" (The Art of Warfare Today and Tomorrow). It appeared in Spring 1939 and has been translated into several languages. It was also published in the United States of America."
And then follows the jurat in which he says he has read the statement in the German language and believes it to be true and he has had the opportunity to make changes and corrections and made the statement voluntarily without any promise of reward and was neither threatened nor compelled to do so, signed by defendant Foertsch.
On the German there appears a statement by the witness Kreilishheim which is missing on the English. He was the man who took the statement.
The next exhibit which has already been offered as Exhibit 12, starting on page 43, is the service record of the defendant Foertsch. On the first page in the English, over in the lefthand column under "Home address" the letter "T" should be the first letter on the third line. I don't think it is correct in the German, not that it makes any difference.
Now, the service record as such is not of importance until we get to the period 1941, which states on the 10th of May, 1941 -- on the first page, page 43 -- he became Chief of Staff of the 12th Army and to the recitation there is "Chief of Staff Army Group E" but there is no date to the left and I don't know what that applies to. The date may have been omitted in the translation. In any event, the arrangement, the statement of May 5, Chief of General Staff, 12th Army, is what we are concerned with at this point and later the date of 15 October 1943 when he became Chief of the General Staff Army Group F.
Turning then to page 3 of the personnel report, there are various repoeta by other defendants on April 1, 1942, which was the tie in with the 12th Army when the defendant Kuntze was in command, the defendant Foertsch was Chief of Staff to him, and it was some two or three months prior to Kuntze departing, which took place in August of 1942.
Kuntze had this to say about him:
Outspoken, leadership personality, systematic, energetic, enthusiastic, intelligent. Excellent General Staff Office. Fully proven as teacher and educator. Good in word and writing. Adapted for Chief of the Generallstaff in an Army Group, Division Commander.
1.3.43 Loehr: Proven excellent as Chief of The General Staff. Mentally superior personality, of rare military and general knowledge. Knows how to represent the German point of view without friction to those allied with the Germans. Always proven as a collaborator Commander in Chief far above average. CG of an Infantry Corps.
24.8.43, Loehr: Filled office further in a distinguished manner.
11.4.44, Freiherr von Weichs: Commander in Chief Army Group F. Proven excellent as Chief of the General Staff. Good expert on the Balkans. Always proven as collaborator and advisor to the Commander in Chief. Mentally superior, especially comprehensive military and general knowledge and interests. Physically fully fit for service. Led the Staff with a firm hand. Superior. CG of an Infantry Corps.
From 25.44 made available by Personnel 3 - for use in other Quarters.
I think that those are all that we need to read of the recommendations. However, I believe it is apparent that his commander regarded him as a strong personality, one who led the staff of which he was chief, and that he served as an able adviser to his Commander-inChief.
The last page of the record of service shows principally his pro motions, which have already been read in the affidavit.
He set forth there the various ranks he held, and the times he received them, and I do not think there is any need to go into it further at this time.
The next document is 484, NOKW, which is an insert that I do not believe your Honors have in the document book, but we will hand it up at the present time, so that counsel for defense may not be worried. It is a copy of the Commissar order, substantially the same as the one which you have in the book, except that it is the order issued from OKW, the one you have in your book is the one from OKH, and this is offered purely in order that the court may see the method of distribution. It is not very often that we are able to get both OKW and an OKH release on the same order. And in view of the fact that the next exhibit has some additions to it the order is OKW 484, which we offered as Exhibit 13, and will be commented upon but briefly with reference to the distribution list. We will go more fully into the contents of the order in the next document.
This order is dated 6 June 1941, and is from Fuhrer Headquarters OKW, the 10th copy of 20 copies, and I would call your Honor's attention to the instructions here issued by Warlimont, NOKW to the effect that distribution is to be carried down to Commanders-in-Chief of Armies, or Chiefs of the Luftwaffe only and that the Commanders and Kommandeurs be informed orally, and that is placed for the Chief of the High Command of the Wehrmacht.
This distribution list which occurs just below the signature of Warlimont shows that:
High Command of the Army Operations Department 1st copy General Quarters 2nd copy General for Special Purpose at the High Command of the Army 3rd and 4th copy Commander of the Luftwaffe/Luftwaffe Operations Staff 5th copy General Quarters 6th copy Commander of the Navy/Naval Operations Staff 7th copy OKW/WFSt 8th copy and so on.
The next exhibit which is NOKW 1076, which we offer as Exhibit 14, is the same, with the addition of the first page, which is dated 8 June 1941, and as your Honors can see, this came from the Army High Command Headquarters the OKH, and encloses all of the orders as received from OKW, with of course, a different distribution list, which appears at the end of the order here.
The instructions which are contained, are the same except for two additions which Field Marshal vonBrauchitsch, who was still at that time the head of OKH added on the first page, "Action taken against a political commissar must be based on the fact that the person in question has shown by a special, recognizable act or attitude, that he opposed or will in future oppose the Wehrmacht". He states further that "political commisars attached to the troops should be segregated and dealt with by order of an officer, inconspicuously and outside the proper battle zone".
The second page of the order contains the original order, with the suggestion, or the order by Warlimont for the Chief of the Supreme Command of the Armed Forces, reciting that this is the enclosed directives for the treatment of political Commissars and the aforementioned limitation on distribution with the warning to give it to Junior Commanders by word of mouth.
On page 3 of Exhibit 14, NOKW, 1076, the directive starts;
Directives for the treatment of political commissars When fighting Bolshevism on can not count on the enemy acting in accordance with the principles of humanity or International Law.
In particular it must be expected that the treatment of our prisoners by the political commissars of all types who are the true pillars of resistance, will be cruel, inhuman and dictated by hate.
The troops must realize:
1.) That in this fight it is wrong to treat such elements with clemency and consideration inaccordance with International Law. They are a menace to our own safety and to the rapid pacification of the conqured territories.
2.) That the originators of the asiatic barbaric methods of fighting are the political commissars. They must be dealt with promptly and with the utmost severity.
Therefore, if taken while fighting or offering resistance they must, on principle, be shot immediately.
For the rest, the following instructions will apply:
I. Theatre of Operations.
1) Political commissars who oppose our troops will be dealt with in accordance with the "decree concerning jurisdiction in the "Barbarossa" area".
"Barbarossa", if your Honor Pleases is the code name which was applied for the planned invasion of Russia. In all of these operations I think it has become apparent that the German High Command used a name which they applied for the operation while it was being planned; and"Barbarossa" was the name applied to the planned invasion of Russia.
"Political commisars are recoginsable by their special insignia - red star with an inwoven golden hammer and sickle on the sleeves (for details see 'The Armed Forces of the USSR' OKH/GenStdH Army High Command/General Staff of the Army) Then there are some more figures and:
They are to be segregated at once e.c. while still on the battlefield; from the prisoners of war. This is necessary in order to deprive them of any possibility of influencing the captured soldiers. These commissars will not be recognized as soldiers; the protection granted to prisoners of war in accordance with International Law will not apply to them. After having been segregated they are to be delt with.
3.) Political commissars who are not guilty of any hostile act or are not suspected of such will remain unmolested for the time being. Only in the course of a deeper penetration into the country will it be possible to decide whether officials who remained in their positions can be left where they are, or should be handed over to the "Sonderkommandos". The latter should preferably scrutinize those cases themselves.
As a matter of principle, when deliberating the question of "guilty or not guilty", the personal impression received of the comissar's outlook and attitude should be considered of greater importance than the facts of the case which may not be decisive.
4.) In cases 1) and 2) a brief report (report form) on the incident is to be submitted:
a) to the Division (Ic) (Field Intelligence Officer) by troops subordinated to a Division.
b) to the Corps Command or other respective Commands, as follows (Ic) by troops directly subordinated to a Corps Command, an Army High Command or the Command of an Army Group, or Armoured Group.
Pencil Note: G MISC/ 1/30 (Page 3 of original) Rubber Stamp:
2047/142
5.) None of the above mentioned measures must delay the progress of operations. Combat troops should therefore refrain from systematic rounding-up and mopping-up measures.
II. In the Rear Areas Commissars arrested in the rear area on account of doubtful behaviour are to be handed over to the "Einsatzgruppe" or the "Einsatzkommandos" of the SS security Service (SD) respectively.
III. Restriction with regard to Court Martials and Summary Courts The Court Martials and Summary Courts of regimental and other commanders must not be entrusted with the carrying out of the measures as under I and II.
Pencil Note: G MISC/ 1/31
MR. DENNEY: And then follows a distribution list, and it is to be noted that the eleventh copy of this order went to the High Command of the 2nd Army, which was , at that time, commanded by the Defendant Weichs. It was pointed out yesterday that it is to be noted that this order was issued from OKW on 6 June, which was some fifteen days prior to the invasion of Russia, and that it was passed down by OKH two days later, when there still was no war, so far as the units that are concerned with the Russian campaign are concerned. We now come to Document 454-PS, which is offered as Exhibit 15. It's a Hitler order of 9 June 1941, which goes to all branches, from the Wehrmacht, and also one to List, as the Wehrmacht Commander Southeast. This order of Hitler is the one which sets up the Armed Forces Command Southeast. This order of Hitler is the one which sets up the Armed Forces Command Southeast. It's dated 9 June 1941 and is from Hitler, Order No. 31.
In order to create clear and unified conditions of command in the occupied Balkan area, I give the following commands:
1.) To be "Wehrmacht Commander in the Southeast" with headquarters in Salonika, I nominate Field Marshal LIST.
The Wehrmacht Commander, South east is the supreme representative of the Wehrmacht in the Balkans and and exercises executive authority in the territories occupies by German troops.
The Wehrmacht Commander Southeast is, as such, directly subordinated to me.
2.) To the Wehrmacht Commander Southeast are subordinated:
a) For the area old area Serbia:
The "Commander Serbia" (Lt. Gen.
anti-aircraft artillery, von Schroeder)
b) For the area Soloniki and the Island Lemnos, Mytilone, Chios and Skyros:
the "Commander Saloniki- Aegea" (to be filled by OKH)
c) For the territories Athens, Crete, Kythera, Antikythera and Melos:
The "Commander of Southern Greece" (to be filled by the C-in-C of the Air Corps)
3.) With the exception of the conduct of offensive air warfare, the Wehrmacht Commander Southeast is to bring together in a unified control all military questions of the Wehrmacht which arise from the occupation: security, supply, transport, and communication affairs of the occupied Southeast area. This is to be done for all three Wehrmacht branches. And he is to make decisions in terms of the overall responsibility which falls to the Wehrmacht in the Southeast area. In this way, the leadership will be simplified, the branches of the Wehrmacht will be relieved of the many individual questions and differences of opinion which are the inevitable result of having all Wehrmacht branches working side by side in the same area.
The following is incumbent on the Wehrmacht Commander Southeast in detail:
A. The safeguarding of the unified defense of those parts of Serbia and Greece which are occupied by the German troops, including the Greek Islands, against attacks and unrest.
Besides the Commanders named who are responsible for the defense as directed by him in their spheres, the following are also subordinated to him in these questions: The Admiral Southeast and the Commander in Luftgau Balkans. Both staffs are to be organized within the staff of the Wehrmacht Commander. The Wehrmacht Commander Southeast, determines also to what extent the staffs of the commanders of Salonika-Aegea and Southern Greece subordinated to him are to be united with offices of the other Wehrmacht branches.
b. The centralized direction of the necessarily comprehensive ocean transport movements in the near future to and from Crete and the security thereof:
c. Organized direction of the cooperation with the Italians and -
so far as necessary -- with the Bulgarian Wehrmacht in the Balkans.
d. The control of supply on land and on sea for all the Wehrmacht branches deployed in the Balkans in accordance with their demands and the measure of the transport space available;
e. Supervision over the Military Administration to be exercised by the commanders in the territories occupied by the German troops.
4.) The Wehrmacht Commander Southeast has all the powers of a territorial commander in the parts of Serbia and Greece, including the Greek Islands which are occupied by German troops.
The areas occupied exclusively by German troops are operational territory. Here the Wehrmacht Commander Southeast exercises executive power through the Commander subordinated to him.
In the territories belonging to the Italian occupied area in which German troops are quartered, he exercises Military Sovereign Rights for all Wehrmacht Branches insofar as is required by the military mission of the German Wehrmacht.
5.) The limitation of powers of the Wehrmacht Commander Southeast against the "Plenipotentiary of the Reich for Greece". (see supplement).
6.) The Island of Crete occupies a special position in the Southeast area:
It is the operational territory from which air warfare in the Eastern Mediterranean Sea in conformity with the situation in North Africa is to be continued (see No. 7) Organization and construction of this base, its security and its provisioning is at the moment the most urgent mission in the Southeast area.
Being an operational base of the Air Corps, the Island of Crete is to be subordinated as a fortress to a special commander (Commandant) of the Air Corps.
This person exercises executive power in accordance with the general directives of the Wehrmacht Commander Southeast , as a Plenipotentiary (or for) the Commander of South Greece. He is responsible for the unified defense of the Island with all the troops located there and which are subordinated to him for this purpose.
Also, the installations of the Army necessary for the War Administration are under his command.
The Eastern part of the Island to a general line, the western edge of the Bay of Meranbelo to Jerapetra inclusive, is assigned to the Italian occupation. It is subordinated to the Commandant of the Island in all tactical questions which refer to the unified defense of the Island.
7.) Air Warfare in the Eastern Mediterranean is to be conducted according to the orders of the Commander-in-Chief of the Luftwaffe.
The necessary arrangements are to be made directly by him with the Italian Luftwaffe.
Through the Admiral Southeast and in collaboration with the Italian Navy and the X Flieger-Korps the Wehrmacht Commander Southeast regulates the transport of troops and the sending of reinforcements by sea as well as the necessary security on the water or from the air.
The cooperation of the Admiral Southeast with the Rumanian and Bulgarian Navy and questions pertaining to operational naval warfare in case they should arise in the Eastern Mediterranean, are to be regulated by the Commander in Chief of the Navy, directly with the Admiral Southeast.
9.) The order 29 of 17 May 41 is rescinded insofar as it is superseded by the above orders.
Signed: Adolf Hitler Certified Wien Major-General Staff Corps
MR. DENNEY: For the distribution of this the first three copies went to Commander-in-Chief of the Army (Operations Branch), Commanderin-Chief of the Navy ( Operations Division), and Commander-in-Chief of the Luftwaffe (Luftwaffe Operations Staff -to the OKH, OKM, and OKL, the Army, Navy, and the Luftwaffe. And the fourth copy went to the Wehrmacht Commander Southeast, the Defendant List.
This Order 29, which is referred to here, is Exhibit No. 9, which has been received in evidence. Now, on the next page there are some "Limitation of Powers of 'Reich Plenipotentiary for Greece' and the 'Wehrmacht Commander in the Southeast.'" They provide that "The relations.....
1. The relations of the "Reich Plenipotentiary for Greece" and the "Wehrmacht Commander in the Southeast" to one another and to the Greek Government are to be noted from the following reasons.
a.) Fuhrer decree of 28 April 41 for the "Plenipotentiary of the Reich for Greece".
"1. I nominate a "Plenipotentiary of the Reich for Greece". His office is to be Athens.
"2. The plenipotentiary of the Reich has to represent the political, economic, and cultural interests of the Reich in Greece with the new Greek Government until assumption of formal diplomatic relationships with Greece.
"3. Further, the plenipotentiary of the Reich must maintain whatever contact with the Italian occupation he finds necessary for the execution of his duties.
b.) The right of the "Wehrmacht Commander in the Southeast" to exercise power in the territory occupied by the German troops.
II. The Wehrmacht Commander Southeast has to support the Reich Plenipotentiary in every respect and to concur with him in the measures he prepares for Greece.
III. Duties in the political , economic and cultural fields will in general devolve on the Reich Plenipotentiary for Greece. Negotiations with the Greek Government with respect to the interests of the Reich along these lines are incumbent on him.
In so far as the current business relative to the territory occupied by the German troops is concerned, agreements will take place on the spot between the plenipotentiary of the Reich and the Wehrmacht Commander Southeast.
The Reich Plenipotentiary for Greece is to keep the Wehrmacht Commander Southeast informed on foreign political questions, a knowledge of which is necessary for the execution of his military duties.
IV. In the case of military orders which may have foreign political reactions, the Wehrmacht Commander Southeast is to establish agreement with the Reich Plenipotentiary for Greece first i.e., in so far as the military situation permits.
V. Control of propaganda in Greece is the duty of the Foreign Office, which is to cooperate with the High Command of the Wehrmacht (WFSt/Wehrmacht Propaganda Office) in this matter.
Handwritten /Initial W
MR. DENNEY: At this time the authority of the Defendant List in the Southeast was clearly setup. It was also at this time that the Defendant Foertsch, who had come to this theatre as Chief of Staff to List early in May, went along with him as Chief of Staff for the entire theatre, that is, as Armed Forces Commander Southeast, in addition to his duties as Commander in Chief of the 12th Army. And, of course , Foertsch maintained his post as Chief of Staff for both units. The threat of List's power in the Southeast I believe is apparent from the Hitler order.
The next document is NOKW-1432, which is offered as Exhibit 16 in evidence. This is a Keitel order which contains regulations for the execution of Directive No. 31, and it's dated, Hitler Headquarters, 15 June 1941.
1.) By the appointment of General Field Marshal List to Werhmacht Commander Southeast his position ad duties as Commander-in-Chief of the 12th Army remains unaffected.
2.) The Wehrmact Commander Southeast is the sole Command Authority of the Wehrmacht on the Balkans concerning all those duties for which he is responsible, pursuant to direction 31. And Directive 31 is the order of 9 June which we have just read.
The High Commands of the branches of the Wehrmacht and the offices of the OKW have been instructed to organize communication with their offices in this area accordingly.
The incorporation of the staffs of Admiral Southeast and of Commander of the Luftgau Balkans may be supplied by liaison detachments of these offices with the staff of Wehrmacht Commander Southeast in as far as the situation requires a transfer of the Navy and Luftwaffe offices to other places.
3.) Administrative offices will be put at the disposal of the Wehrmacht Commander Southeast by OKH.
Administrative procedure is regulated according to the general rules and directives issued by OKH. In basic problems it will be regulated according to directives issued by OKH/WESt/1.
5.) This next stamp which appears here appears at the bottom of the first page of the photostat and is the receipt stamp of 12th Army showing that this title order was received by them on that date. Liaison with the Italian armed farces for the Greek mainland is to be established with the Commander-in-Chief of the Italian 11th Army. Liaison for the Aegean is to be established with the Governor of Rhodes. In basic questions, liaison is to be established directly with the High Command of the Italian Armed Forces (via OKW or via the German General with the High Command or the Italian armed forces.)
6.) The Wehrmacht Commander will be informed by the respective offices of the OKW concerning current military, political and economic directives and events.
The Wehrmacht units will regulate the delivery of gazettes.
7.) Reports will be made as follows:
a) Daily situation reports before 2 o'clock to OKW and OKH concerning the events of the previous day.
b) Monthly reports to OKH with copy for OKW concerning the problems of military administration.
8.) Requisitions for personnel - officers, officials and auxiliary personnel - for the execution of Wehrmacht duties are to be sent to OKW Central Section of Armed Forces High Command as far as necessary - for all three branches of the Wehrmacht.
This order was issued by Keitel from OKW and it had the same distribution as the Directive No. 31 which, as we have soon, went to OKW, OKH, OKL, OKM, and the next copy going to the defendant List, and of course coming to him through his chief of staff to defendant Foertsch.
The next document -
DR. LATERNSER: Your Honors, may I please ask the prosecutor to speak a little slower so that translation mistakes which appear in the documents can be found by me? I would ask him to speak a little slower, please.
THE PRESIDENT: I am certain that Mr. Denney will comply with your request.
MR. DENNEY: Certainly, sir. I am sorry if I have been going too fast.
The next document is NOKW-1148 which we offer as Exhibit 17 and as the document is contained in the document book the pages are reversed. However, it doesn't make any difference in the English. The second letter which appears on page 64 which-
THE PRESIDENT: On what page, please?
MR. DENNEY: On page 64, your Honor, which is from General von Schroeder, General of the Anti-Aircraft Artillery, to the Military Commander in Serbia as of this date enclose the letter which starts on page 63. It is just a matter of the letters having been reversed. There were two separate pages originally and as they mimeographed them, one ran over so I shall read the second letter, the one which appears on page 64, which is dated 22 June 1941 and headed "The Military Commander in Serbia" and signed "von Schroeder" first.
The Military Commander in Serbia Belgrade 22 June 1941 Enclosed you will find a letter from the Chief of my Administrative Staff to the Serbian Minister Commissioner Acimovic.
I have ordered reinforced employment of the Serbian Police and Gendarmerie Agents. They are to be supported in every way. They will turn directly to the agents and/or the troops subordinate to me if danger threatens, i.e., if the local commander of the Serbian police forces no longer believes himself master of the situation.
Moreover if a general employment of the troops should become necessary pertinent orders will be issued by central authority.
There follows the distribution list on the next page and the letter which he encloses is one from the administrative staff, military commander in Serbia. It is addressed to the Minister Commissioner of the Interior, Belgrade 22 June 1941.
On the basis of the latest events of the war I request that the arrest of all leading Communists be carried out immediately, as discussed with you previously, and the Police President of Belgrade be instructed to have the leading Communists of the City of Belgrade which are known to him arrested. These persons are to be interned on the Zigeunerinsel. Later on these as well as other Criminal Elements arrested in the country and Communists are to be transferred to the concentration camp which you have been directed to erect. Simultaneously, you are to see that all Rod Spain fighters are to be arrested this very night.
Furthermore I request that the Police President be given the following directives:
1. The Police are to increase street patrols. As ordered before, the police are to organize the night duty details also.
2. The Police President is to issue tho necessary directives for the special guard of public buildings and other important installations.
In order to facilitate these tasks, I shall see to it that the necessary arms coming from captured materiel be placed at the disposal of the Serbian Police.
Simultaneously, the German troops will be informed of these directives and will be requested to render assistance to the police if necessary.
In conclusion, I should like to direct your special attention to the cities of Nish, Dragujevac, Uzice, Cacak, Rtanj and the Trepca Mines as well as to the mines of Bor.
Report of completion of mission is requested.
For the Military Commander in Serbia The Chief of the Military Staff (signed) Turner Councillor of State It is here again that we see a reference to concentration camps and the arrest of people solely because of the political affiliation that they have, and the dates of this letter are substantially after the time 9 June of the Hitler order and again after the Keitel order direction which is the 15th of June, a week later, and for a week following the time when the defendant List became the armed forces commander for all of the Southeast.
The next document which is NOKW-902 is an extract from the war diary of the Military Commander of Serbia. It is offered as Exhibit 18. I don't think we need to read all of it. Tho entry for 5 July 1941 states that thirteen communists and Jews were shot to death and gives as the reason "in an air raid cellar next to the square, where a big demonstration of German Nationals was to take place, 423 packages of explosives were found.
"On the 17th of July 1941, 16 communists were shot to death in Belgrade. Others were arrested and arms were found.
And over to the 19th of July, 1941. "During the illness of the Commander, Colonel von Kaisenberg was at first to become Deputy Commander; by order of Wehrmacht Commander Southeast, General of the Artillery Bader will take over the affairs of the Commander."
Bader, it is believed, if your Honors please, is dead. Then it continues "During the leave of General Field Marshal List, General of the Air Corps, Felmy, one the defendants, shall be Deputy Wehrmacht Commander Southeast."
These reports are the first of a very extensive number which will be submitted and it is submitted that they indicate the rather casual way that they were accustomed to dealing with the questions of the shootings of Jews and communists. No reasons are given. There is a reason given for the first one but there is no connection which is set forth in the report between the finding of the explosive and the execution other than that the explosives were found and then the people were killed.
In NOKW-1036, which is Exhibit 19, I will put this in at this time and at a later time we will connect it with the retaliatory measures which took place. This original document -- that is, the photostat which we have has the initials of the defendant Foertsch on it. This is a communication to the 12th Army from the 65th Corps; which was commanded by Bader and which was under 12th Army, 65th Corps, at that time was in Yugoslavia. It was receipted for on the 19th of July, 1941, and is addressed to the Supreme Commander Southeast and also the Supreme Commander of the 12th Army. The actual photostat is the photostat of a teletype; however, the teletype is pasted on a blank such as I believe is familiar to your Honors for the use of teletype and it is on the bank where the 12th Army that the pencil or pen written initials of the defendant Foertsch appeared.
Of course it was addressed to his Chief, the defendant List, and the teletype recites; "Automobile of the Commanding Officer of the 724th Infantry Regiment, General Lontschar fired on 20 kilometers South of Valjevo. General uninjured. 1 officer shot in lung." It is from Roman 65 Corps Command Branch," which is 65th Chief Commander. Written below, not as apart of the telegram, there appears, in German "What counter measures?" and then the question below that , again on the blank, not on the teletype print, "Why no hostages in Valjevo?" Then below that, over to the right is the initial F, or rather the signature of the defendant Foertsch. On Your Honors' copy to the left it says 19 September. That is not correct. That should be 19 July.
The next document is No. NO-2942 which is offered as Exhibit 20. This is a report of events by the Chief of the Security Police and the SD in Berlin, dated 19 July 1942 and recites the report from one of their Einsatzgruppe in Yugoslavia which tells of some orders by the military Commander in Serbia. These are given in July, after the time when the defendant List became Armed Forces Commander Southeast and continued his post as Commanding General 12th Army. The first part is of no importance. It has to do with the Political Review in the Reich. Party (b) says, "Other occupied territories: Yugoslavia:
"Einsatzgruppe Belgrade reports:
"The long distance cable in the city area of Belgrade was cut during the night from 16 to 17 July 41, Military Commander Serbia has ordered the shooting to death of a number of leading communists as a reprisal measure.
16 Communist functionaries and Jews were shot to death by the Serbian Gendarmerie."
The report isn't clear whether these were shot separately or whether these were reprisal measures for the alleged cable cutting on 16 and 17 July, In any event, it is clear that here the Chief of the Security police and the SD is reporting that the Military Commander Serbia gave these orders and that the people that they specify is that they be a member of, or a leading communist.
There is nothing to show that they knew who cut the cables, whether they were communists or perhaps some other group doesn't appear. Then we have a report from Einsatzkommando Zagreb reports:
"In the night of July 14, 140 leading Croatian Communists escaped from the Croatian concentration camp Kerestines near Samobor, The inmates had captured the camp commander and threatened to kill him. The Communists escaped to the surrounding woods. One third of the persons who had escaped have been recaptured up to now. The rest is approaching the German-Controller border. Suitable security measures for the arrest of the Communists were taken immediately by the Croatian Security Police.
"A land area of Zagreb has been blocked off by the Ustasha Police. Meanwhile a member of the people who had escaped were caught and shot to death. Probably 70 Communists were shot to death as compared with 6 members of the guard of the concentration cap who were murdered. The Croatian Police intends to arrest an additional 300 communists. The majority of them will be shot to death by the summary court martial procedure as a reprisal measure."
And, it is to be noted that the distribution list on this report from the Security Police SD in Berlin sends a copy to the OKW Operation Staff Lieutenant Colonel Tippelskirch.
The next report is an additional report of the Chief of the Security Police and of the SD, Berlin 20 July 1941, and again we are con cerned with a report on Yugoslavia. This document ties in, if your Honors please, with the document No. 19 which speaks of the General being fired on. Your Honors will recall that that was a report to the High Command by the 65th Corps. Here we see the SD---