A proper translation must coincide. If the English document book is a translation into the English or the English is a translation into the German, then both must be alike.
What the prosecution submits -- that is, of course, their affair but I would ask your Honor to put yourself in our position. We assume from the German Document Book that the whole document book is the same as the one submitted to the Tribunal.
PRESIDING JUDGE BURKE: I trust that you will give the Tribunal sufficient credit for having intelligence enough to determine between what is and what is not contained and what omissions have been made in the English Document Book and supplied by you - that it is not an insurmountable obstacle to our understanding of it. I think the ruling that has been made by the Tribunal will stand unless and until some further reason is assigned why a change should be made at this time.
You may proceed.
MR. DENNEY: Then turning to page 72, 73 and 74 in the German, and page 30 in the English, the report for the 26th of November from the 173rd Division, this is on page 172. I am sure if defense counsel will mark as I go along what pages I give them, they can certainly see what is in and what isn't in the exhibit. I see some seven of them here in court, and I will be very glad to indicate exactly where they are on the pages.
PRESIDING JUDGE BURKE: I think it might be a matter of accommodation to the convenience of counsel for the defense if you would do that and since there appears to be a difference in the number of pages in the German Document Book and the American Document Book, I think as a matter of right they are entitled to that courtesy.
MR. DENNEY: Well, I was just suggesting, your Honor, to help them, This appears under paragraph II of the daily report for the 26th. It is the 173rd Division. This refers to paragraph 9-i under section II of the indictment.
"Village burned down in reprisal for attack on police in Grgurevci. Non-volksdeutsche residents also had participated."
The next entry is the area of Tuzla, which appears under the 187th Division. It is after the paragraph numbered "b". "Reconnaissance results: Zivinice occupied by 200 to 300 bandits."
Over on page 73 of the German, opposite the small letter "c" -Area Derventa -- "Bandit attack (200 to 300 men) between Lupljanica and Pocivalka repelled by units of the II Cossack brigade."
Turning to page 75 of the German and 31 in the English, this is a daily report for the 27th. It is II, out to the left, and the 173rd Reserve Division. Perhaps 76 was turned and I don't know why the page shifts. It is the daily report for the 27th of November on page 75 or 76 under II 173rd Reserve Division.
..... Despite 2 hours loss of time due to road blocks and to destroyed bridges near Susea, Battalion of the II/901 early in the morning made a surprise thrust from the north into the bandit village of Grabovo. The village was sealed off on the north and south and the mopping up operation accomplished. 35 fleeing bandits shot to death. Svilos cleared of the enemy. In accordance with the desire of Croatian authorities both villages burned down as pronounced bandit rests. Lezimir cleared of the enemy. Bandits fled. During reconnaissance against St. Divos a platoon of the 901 Regiment shot 5 bandits and captured 5 of fleeing bandits, Lezimir was burned down by the Police.
. . . . . . . .
Then on page 78 of the German and on page 32 of the English, report for the 29th, 187th Reserve Division -- this is under IIc, "Area of Virovitica - Bjelovar - Koprivnica. Between Narta...."
It is on the bottom of page 78 in the German and the top of page 79.
"Between Narta (6 km south southwest Bjelovar) and Cazma enemy forces consist of 4 communist brigades at least .... Results of plane reconnaissance at 1015 o'clock:
about 500 - 1000 bandits in Cazma."
And then following right along after that under "Virovitica: Recruit transport going from Bjelovar-Nova-Gradiska attacked during the night 26.27.11. near station Vrbovec. Attack repelled and destruction of the station of Vrvovec prevented. Own casualties: 3 dead, 5 wounded. Enemy losses: 6 dead counted. 15 people suspected of belonging to bands were shot to death in reprisal."
Page 81 of the German, page 33 of the English, report for the second of December, 1943, opposite II, 173rd Reserve Division -- this is right at the top of the page on page 81 of the German under II, the paragraph that starts out "Als Vergeltung."
..... As reprisal measure for railroad attack between Nova Pazova and Batajnica -- see morning report of 13.11. which is an earlier part of this document -- 4 inhabitants from Jarinovci to which the tracks led - hanged on 2.12.43. 5 of 9 fleeing bandits were shot to death. 2 shelters constructed into the well there were destroyed. This operation was executed by Panzer Platoon 64 and units of the Reserve Grenadier Battalion.
And then we turn over to the next page in German which is 82, the second paragraph on the page which refers to the II Cossack Brigade, follows II. It is the 7th line on page 82 in the German, still on page 33 in the English.
.....Enemy contact occurred during reconnaissance thrust of some squadrons in the area west of Doboj near Godakovac. Village taken and destroyed after hard fighting, Losses of our own: 5 wounded, 1 squadron leader wounded. While this report is being made the operation is still in progress.
. . . . . . . . . .
The turning to page 84 in the German, page 34 in the English, it starts right at the top of the report.
It is under II, the area of Tuzla, and then drops down there to the last paragraph under IIa which is eight lines up from the bottom of the page on the German 84.
"During fighting around Kladanj bandits in German uniform used combat methods as reported previously in the daily report 5.12. (they approach calling out: 'Do not shoot. Deserters' Then they open fire at short range.)" Then under D which is on the next page, it is the sixth line down in the German book on page 85, "The II Ustasha Brigade -- The villages of Pistana, Kokocak, Drenovac, and Rijenci from which resistance emanated during mopping up operation by Panzer Gren.
Training Regiment 901 were burned down by police as reprisal measure."
Thirty-five in the English, 86 in the German, paragraph I for the daily report of the 15th of December. It is the first paragraph in the German text too, under I. "The situation on the main railroad...."
15 December, page 86 of the German, first paragraph on the page.
.....The situation on the main railroad - in particular near Ivanicgrad and in Syrmien remains serious. Railroad sabotage (blasting) was executed in accordance with captured order (see daily report 15th) issued by bandit leadership. The weak security forces available wore unable to prevent it.
Then under paragraph 187th Res. Div.: Area of Tuxla: - and it is in 'a' and it is the fourth line in that paragraph which starts out "Nacht Einwohneraussagen' .....According to statements of residents a band group of 1500 men retreated from the area of Rijoka to the areas of Krivace and Dzimrlje.
. . . . . .
And under D which is over on page 87 of the German at the top of the page, and it is the last two lines of that paragraph, the 12th and 13th lines on page 6.
.....6 hostages hanged on the scene of the incident in reprisal for mine sabotage near Rajic (see morning report the 15th.)
. . . . . . .
Then going down to the II Cossack Mounted Brigade it says, three lines before the typed part 'Corps headquarters"-
..... 50 looting bandits in Socanica . . . . . . .Then turning to page 88 in the German, 36 in the English, and this is the last page of the document, if we might finish it before we recess, your Honor, this is the report for the 22nd of December, 1943.
This is a report of the 23 December 1943 and there it goes to the 2nd Panzer Army and the German General Plenipotentiary in Croatia, and to indicate that copies were sent to the other headquarters which have been mentioned before and I believe one or two earlier reports; the last 3 reports have gone only to the 2nd Panzer Army and the Commanding General in Croatia. Otherwise they went as originally stated. This, under Roman numeral III; which is on 88 in the German, paragraph A under the 187 Reserve Division:
"Area of Brcko, 20 December. Attack by hand group (400 men) on Strosinci and Jamena partially repelled in hand to hand combat."
Then under "b" which is the next paragraph, 21 December:
"Sjelovar: 25 people suspected of being bandits and hostages shot as reprisal measures for band attacks."
And here is the exhibit I hand to the Secretary-General.
PRESIDING JUDGE BURKE: We will take a recess here until 1120.
(a recess was taken)
THE MARSHAL: The Tribunal is again in session.
JUDGE BURKE: You may proceed, Mr. Denney.
MR. DENNEY: May it please Your Honors, I return now to page 90 in the German book and page 37 in the English. This is Document NOKW 657, which is offered as Prosecution Exhibit No. 376. This is an order from the 69th Corps, which was commanded by the defendant Dehner, which in turn was subordinate to the 2nd Panzer Army commanded by the defendant Rendulic, which in turn was subordinate to the Army Corps-F commanded by defendant, former Field Marshal von Weichs.
Actually, there are two orders, both from the 69th Corps, and it bears at the end typed, "fuer das Generalkommando," which means for the Corps Headquarters, the Chief of General Staff, signed "Steinbeck," who was Chief of Staff of the 69th Corps.
Your honor will recall in Exhibit 375, where at page 4 of that exhibit there appeared a signature of Steinbeck as Chief of Staff, 69th Corps, and while all of this is typed it appears that these are true copies which is signed by an unknown lieutenant in the Headquarters.
This is dated 19 December 1943, and it refers to a 1-c communication of the Corps of an earlier date, 27 November, and the subject is "Treatment of prisoners and deserters," and it recites:
Supplementing the order cited above:
1.) The fight in the Croatian area is a fight against bandits. They are an enemy who has taken up arms for the most varied motives. In addition to purely political-communist bandits there is a great number which has been driven into the forests by the concern for a bare existence, by the destruc tion or the endangering of their bourgeois life, or by a sudden upsurge of national or religious differences, etc.
The bands in the Croatian area thus differ thoroughly from the bands appearing on the Russian front."
I call Your Honors' attention to the mention of the Russian Front here.
2.) Measures of the unit have repeatedly frustrated propaganda for the enemy as planned by the unit leadership. It must not happen that bandits who arrive at the unit with leaflets asking them to desert and which should be valid as passes, are shot out of hand. This mikes any propaganda effort in this direction nonsensical. Even our own confidential agents bringing important news from band territory and notwithstanding their repeated assurances that they are in the service of the German Wehrmacht have been shot down "to simplify matters" i.e. without any investigation. Under such circumstances it is not surprising that
a) notwithstanding the discomforts which living in the forest no doubt entails, particularly during the winter months, the band nuisance increases steadily.
b) the fight itself increases in severity and stubbornness.
c) it becomes increasingly difficult to obtain information from the band territory.
d) in contrast to this enemy propaganda has no difficulty and enjoys groat success.
3.) The momentary confusion of the situation makes it necessary for the unit to realize that the unit itself is not in a position to judge individual cases.
The competent authorities must be unable to investigate deserters and prisoners objectively. This must be left to their discretion.
4.) Arbitrary procedure of the unit where the treatment of deserters and prisoners is concerned, leads to failure and will destroy the advantages which can be achieved by objective treatment.
For the Corps Headquarters The Chief of the General Staff signed Steinbeck.
And this is all typed, and then over to the left "Certified to be a true copy," and then an illegible signature, "2nd Lieutenant."
And then there is an order of 24 December, 1943, which is a 1-C order, and the subject, "Directives pertaining to the Treatment or prisoners suspected of belonging to Bands."
And this starts on page 91 of the German text and it is page 39 of the English.
Second subject: "Treatment of Persons who may be possible hostages"; and the third subject: "Use of Hostages as Reprisal Measures for German Soldiers killed in the Fight against the Bands"; and the directive states:
"An inquiry causes the Corps Headquarters" -- this is the 69th Corps -"to set forth as follows in order to unify methods in the Corps area:
"1 to 1) and 2): The Divisional Commander, or independent regimental commanders or the security sector in which the arrest has been made, is the sole and only authority competent to make decisions regarding civilians arrested during operations of the unit as suspected of belonging to bands and regarding the further treatment of them, In connection with the above, the following directives are laid down:
"to 1) a) Civilians whose activity as bandits or members of a band can be proved without doubt are to be considered as spies and as extremely dangerous. They are to be considered as hostages of the first category at the next occasion of reprisal measure, without it being necessary to take the security sector into consideration.
"to 2) b) Civilians who are proven bandit sympathizers are to be made available for reprisal measures as hostages of the second category.
c) Civilians who cannot be proved to have had any connection with bands, but who nevertheless give cause for suspicion, are to be transferred to Germany for labor employment. The Corps Headquarters has made inquiries with the 2nd Panzer Army" -- that is Rendulic's army to which Dehner's 69th Corps was subordinate -- "regarding the office which acts as the agent for labor employment in Germany. The divisions will be informed of the answer after it has been received."
And I call your Honor's attention to the term "divisions" here specifically because we have been able to get no distribution list for this order but it is submitted that the divisions to which he is referring are the 173rd, the 187th and the 1st Cossack Division, all in the 69th Corps.
"Prisoners innocent beyond doubt are to be dismissed from the hostage camp in the speediest way possible.
"There is no objection to calling for the assistance of the SD if in the course of an operation civilians suspected of being members of bands are captured and the units and their staffs do not have available necessary trained personnel to interrogate these suspects. The civilians, however, remain Wehrmacht prisoners and are to be treated like the civilians in 1)" -- that is the first paragraph up above -- "according to the result of the interrogation.
"The SD is requested to fulfill the requests of the Commanders of the security sections respectively of the divisions for interrogations, etc., and to pass on the results of the investigations to the commander of the security sector." -- and here, of course, he is making a request of the SD and the Security Police to comply with these requests from the division officers concerned and to pass on the reports.
"Prisoners suspected of being members of bands are not to be transferred to the SD.
"It must be absolutely avoided that innocent people are kept in hostage camps and that they possibly atone with their lives for an affair with which they had no connection. With the exception of case Ia" -- and that refers to "Ia" in the earlier part -- "hostages arc to be made responsible for the misdeeds of bands only in the neighborhood nearest to their own villages. It is not permitted, for instance, that hostages from Karlovci be used for retaliation measures in case of a surprise attack by bands or a demolition occurrence near Ruma.
"It is impossible to make use of hostages for the execution of reprisal measures for the German soldiers killed in the fight against bands. It would be contradictory on the one hand to treat active members of bands, captured during battle, as prisoners of war, that is to let them live; and on the other hand, to hang hostages from the next hostage camp for our own losses in the fight against bands.
"Present inmates of hostage camps are also to be checked and treated according to the classification as given under I." -- and that refers back to Roman numeral I of this communication; and it is signed -- that is, it is typed:
"For the Corps Headquarters, the Chief of the General Staff (Signed) Steinbeck." All of that is typed and over to the left: "Certified to be a true copy" -- illegible signature, the same one that appears on the earlier part of this file -- "2nd Lieutenant."
Perhaps, your Honors would like to glance at the conclusion of that order, those two orders.
Turning note to page 93 in the German and 42 in the English text, we have Exhibit -- or Document No. NOKW-710, which becomes prosecution exhibit 377 in evidence. This is an extract from the War Diary of the 69th Corps Headquarters although the period covered by the Diary from its cover sheet can be seen to be "1 January to 30 June 1944." The only extracts which are here offered are three, for January 8th, 15th and 24th and the chain of command is still the same. This is early in June 1944, prior to the time that the defendant Dehner relinquished command of his Corps to proceed to another theater.
"8 January 1944" -- this, incidentally, is all typed -- "According to a report from an escaped worker who had been drafted by force, the bandits have available approximately 3000 men in the Potomaca district and are in possession of heavy weapons. The Commander of Virovitica expects an attack on the town very shortly.
............
"Corps Headquarters grants the request of the 187th Reserve Division to destroy the band's stronghold Sumetlica near Nova Fradiska. The destruction is to take place after consultation with the competent Croatian authorities.
And then the entry of 15 January:
"According to a report of the district "Vuka" Vukavar, to the Main Directorate for Public Order and Security Zagreb, hostages have allegedly been taken again in the latter district without consultation with the Croatian authorities.
Also those Pravoslave who worked with the Croatian authorities were allegedly taken and shot as hostages. The district "Vuka" is requested to give precise information as to when and by which army units hostages were taken within their districts."
And then for 24 January:
"The reprisal quota (shooting of 50 respectively 25 retaliation prisoners for every killed and wounded German) ordered by Army order dated 15 September 1943 will, by Army order, become annulled effective immediately. New instructions concerning reprisal measures are being prepared."
This is an entry for the end of January 1944. It refers, if your Honors please, to Exhibit 340 which is page 15 of Document Book XIV and which was the order of the Commanding General of the 2nd Panzer Army of the defendant Rendulic which bore the number, order number from his headquarters, 38/43, which has been referred to earlier in this book, and here the 69th Corps, more than four months later is now saying that this order is annulled effective at once; and your Honors will recall that the provisions of that order were that, in the event one German was killed or wounded fifty or twenty-five retaliation prisoners respectively would be shot."
Turning now to page 96 of the German and 44 of the English, these are two letters, one signed by the defendant Dehner and the other signed for the Commanding General, Chief of the General Staff.
I wounder, Major Hatfield, if I could see Exhibit 375 for a moment, please. This is NOKW-705 and we offer it as prosecution Exhibit 378. Excuse me, Major, I made a mistake. I meant 374.
And, although it appears on the translation -- and, of course, this is actually not a translation; this is question of identification -- that the Chief of the General Staff's signature here is illegible, your Honors' attention is respectfully directed to page 5 of the document book, or of document -- withdrawn -- Exhibit 374 to compare the signature of the Chief of the General Staff there and also the signature of the defendant Deyner which I shall hand up when I hand up this document.
This is from the 69th Corps Headquarters. It is signed by the defendant Dehner. It bears the order number 317/769 and has to do with taking of hostages. The communication is dated 4 January 1944. The second communication is dated 4 January 1944, and the first one is dated 15 January 1944; and I will pass this up to your Honors later because it was omitted from the translation but it's apparent KH Qu. 15 January 1944" on the photostat.
Subject: "Taking of Hostages"; and it is directed to the "Vuka" Combine which is spoken of in the prior Exhibit 377, attention of Director Dr. Blicker, Vukovar.
"I am informed that, according to a report of the 'Vuka' Combine of 18 December 1943" -- and he gives the number of the report -- "To the Main Office for Public Order and Safety, German Military and Police detachments have seized hostages recently without agreement with the Croatian authorities. It is said that on this occasion those Provoslavs were also seized and executed who worked together with the Croatian authorities.
"It is known to the Combine that I have repeatedly ordered the units subordinated to me not to seize hostages any more without consulting with the Croatian authorities.
"I therefore request exact information as to when, by what units and in what localities hostages have been seized without consultation with the Croatian authorities, so that I can take the appropriate steps"; and that is signed "Dehner."
Then the next communication is dated the 4th of January, 1944, and this business at the bottom of page 44, in the English, all applies to the next letter, if your Honors please; apparently in translation they just carried on over, but starting with page 2 of the original, this all goes on the second letter, which is signed not be General Dehner, but by the then Chief of Staff, which appears in here as Kresebeck, but which should be Steinbeck.
This has to do with traffic sabotage and taking of hostages, and it is directed to the Commander-in-Chief of the 2nd Panzer Army, Intelligence Officer, and it refers again to 38/43 Secret, 15 September 1943, which, if your Honors please, is Exhibit No. 340, the basic order of the defendant Rendulic with reference to hostages, and it is a 50-to-1 ratio and 25-to-1 ration, and on information copy goes to the then General in Croatia, and it is to be noted that the enclosure to the Plenipotentiary General in Croatia, (the deceased Glaise-Herstenau,) went through the 2nd Panzer Army. It is not a direct communication with the 69th Corps to GlaiseHerstenau, but the copy goes to 2nd Panzer Army and then down:
"1) The 32 hostages arrested in Golubinci on 12 Dec. 43 were released again by the SD at Ruma on 15 Dec. 43 after a thorough interrogation, since no evidence for a friendly attitude towards the bandits was found.
"2) With respect to reprisal measures, Corps Headquarters wishes to call attention to the fact that the order of the Commander-in-Chief of the 2nd Panzer Army of 15 Sept. 1943, that is the one that is referred to above, is in force. According to the understanding of Corps Headquarters, the agreements between the State Commissioner for tho Security of Railway transportation and the German Railway Security Staff of Croatia, made on 23 Dec., before the LXIX Reserve Corps assumed command, may be considered invalid. A copy of the order of the Commander-in-Chief of the 2nd Panzer Army, with which the area of Corps Headquarters has complied hitherto, is included in the enclosure."
Now, of course, this is dated 4, January, 1944, and the war diary entry which we have submitted before annulling this order is dated 24 January, 1944, so that is 20 days subsequent to this, and here we have the defendant Dehner advising the Commanding General of the 2nd Panzer Army which is next higher commander in the Echelon of Command, that this order has been complied with hitherto and it is not annulled until 20 days later.
Then, paragraph 3:
"According to a communication of Police Regional Leader Esseg, a new agreement between the Croatian Government and the German ambassador Kasche was alleged to have been settled on 18 Dec. 43. According to this agreement, recourse to hostages was to be permitted only after approval of the Croatian government (Croatian Ministry of the Interior).
"As yet, no information has come to Corps Headquarters concerning these treaties. Corps Headquarters could issue directives according to these treaties only after resission of the enclosed Army order."
Now it says that the Army order is enclosed, the recitation is that it was the order of 15 September 1943, but we do not have the copy that was enclosed, as well as at the end here there appears "For the information of: 2nd Panzer Army, German Railway and Security Staff of Croatia."
This is signed, "For Corps Headquarters, the Chief of the General Staff", and I will submit these two documents to your Honors. I just want to direct the court's attention to the fact that although they had a legal settlement and agreement with the Croatia Government and the German ambassador Kasche, on 18 December, here on 4 January they still do not have any concrete information about it. Apparently it is still in the rumor stage.
Now I am submitting 374, which is the earlier document, with the signatures of Steinbeck and Dehner in it, and this document, which is 378 which has not been marked by Major Hatfield yet, for comparison of the signatures.
After the second exhibit is marked, I think Dr. Gawlik would like to sec it.
Turning now to page 98 in the English, and 47 in the German -
THE PRESIDENT: You mean just the reverse, do you not?
MR. DENNEY: Yes, 98 in the German and 47 in the English -- I certainly should know about that now. This is all typed except for the end where there again is a certification that it is a true copy, and it is signed with an illegible signature of a first lieutenant, Oberleutant.
So there may be no confusion about this, although this bears the heading on it, "Commander Southeast", "Army Group F", who at this time was the defendant, Field Marshal von Weichs, we do not know if he was on leave maybe in Germany, anyway he was not there, and this order, -- we do not concede he was not there, but he did not issue the order -- the order was issued by his subordinate, General Loehr, who was the commander of Army Group E, and ho was acting as Commander-in-Chief Southease, and Commander-in-Chief, Army Group F.
This is dated 22 December, 1943, and this comes out approximately four months after the defendant Weichs entered the field as Commanderin-Chief of Army Group F, which post he took in August of 1943, and then, of course, he was also the Commander-in-Chief Southeast, that is, the Supreme Commander in the field.
The subject is "Reprisal Measures".
"The Fuehrer," that, of course is Hitler, "has commanded a unified counter action against the Communist danger in the Southeast, with the political leadership of which Minister Neubacher is charged. The reprisal penal, and revenge measures practiced up to now must in the future take into account the new political objectives. The first principle has to be, in cases of attacks, acts of sabotage, etc., to seize the perpetrator himself and to take reprisal measures only as a second course, if through reprisal measures the prevention of future attacks is to be expected.
The previous provisions for the conduct of the troops in combat hold good.
The following directives are given in accordance with the Military Commander Southeast and Minister Neubacher:
"A. In which cases do reprisal measures come into question?
"1. Protection of persons:
"Attacks against life and limb of a) Reich or Volksdeutschen (Wehrmacht, Wehrmacht employee, or German Civilians),
b) of a member of Allied Troops,
c) of a person who is in the service of the occupying powers, without consideration for his nationality if the authority of the person concerned and that of the occupying powers makes it necessary.
d) of the member of the National Government or of leading officials (Regional and District Presidents, Mayors) are to be avenged.
"Reprisal measures will in any case only be carried out if
a) the perpetrators cannot be taken within 48 hours,
b) and the attack on the protected persons took place on political grounds, and
c) the attack brought about death or injury. Murder will be assumed if a kidnapped person has not returned after expiration of a fixed time period.
Executions "Losses which are incurred in combat are in general not to be avenged.
"2.) Protection of installations:
"Furthermore every attack against war-vital installations, especially media of traffic and traffic lanes, communications, industrial, and supply installations are to be avenged, under the prerequisite that
a) damage has been incurred and
b) the perpetrators cannot be taken within 48 hours.
B. Reprisal quotas:
1.) Reprisal quotas are not fixed. The orders previously decreed concerning them are to be rescinded. The extent of the reprisal measures is to be established in advance in each individual case.
2.) Reprisal measures consist of:
"a) shootings and/or hangings,
b) destruction of dwellings,
c) fines, penal actions, and arrest.
C. Who may carry out reprisal measures?
The revenge for attacks, which are directed against the unit and its installations may be ordered only by a German commander with the disciplinary authority to punish of at least a division commander, in accord with the competent administrative sub area HQs.
"If an agreement is not reached, tho competent territorial commander is to decide. Reprisal measures for losses in the air corps, navy, police and the OT, - and the OT, if your Honors please, refers to tho Organization Todt are to be ordered principally by the territorial commanders.
"All other reprisal measures, for example for German civilians, persons in the service of the occupying powers, and in defense are to be ordered by the competent field commanders. The unit is to support tho administrative sub area HQs in carrying them out.
"In Croatia, commissioners of the National Government with the German HQs authorities are to be empowered to apply tho decisions concerning reprisal measures. The same principles as in Croatia are to be used for Albania where relevant.
"The participation of the National Governments and administrations in Greece, Serbia, Montenegro is to be governed by tho territorial commanders in the provisions for execution.
"The organs of tho SS and Hoeh. Pol. Fuehrer (SD) and counter intelligence detachments are likewise to participate in the selecting of the reprisal prisoners and hostages."
In view of tho fact that this order is signed by Loehr I would just like to direct your Honors' attention to the breadth of its scope. It refers to Croatia, Albania, Greece, Serbia, Montenegro, and applies to the SS, the higher police leader and the SD.
"D. What persons are to be used for reprisal executions?
1.) The procedure, of carrying out reprisal measures after a surprise attack or an act of sabotage at random on persons and dwellings, in the vicinity, close to the scene of the deed, shakes the confidence in the justice of the occupying power and also drives the loyal part of the population into the woods.
"This form of execution of reprisal measures is accordingly forbidden. If, However, the investigation on the spot reveals open or concealed " ----collaboration or a conscientiously passive attitude of certain persons concerning the perpetrators, then these persons above all are to be shot as bandit helpers and their dwellings destroyed.