"The mopping up operation in the Helikon Mountains is concluded.
The destruction of the ammunition and supply depot and that of the band villages had deprived the bands of their mobility for the near future. Mopping up operation in the area of Molos was continued, resulting in losses to the enemy and in booty."
And a portion of the report dealing with Serbia where at this time, your Honors will recall, defendant Geitner was Chief of Staff to the Military Command in Serbia, General Felber:
"Communist sabotage against telephone lines, attacks on Communities, live propaganda activity and murder of political enemies. 30 DM reprisal shootings to death."
Finally on page 130 of the English, page 100 of the German, the OKH report for the 18th of October 1943, again we are primarily concerned in the portion of the report dealing with events in Serbia:
"Decreasing band activity. In reprisal for attacks on German border police patrols in the area of Administrative Subarea Headquarters 610 (Sabac) 100 D.M. hostages were shot to death and in Belgrade 150 Communist hostages were shot to death."
The report is signed, as are all the other reports, by Heusinger.
Turning next to page 131 of the English, page 102 of the German, Document NOKW-951 which becomes prosecution Exhibit 334, these are extracts from the War Diary of the 21st Mountain Army Corps for the period from the 1st of November to the 30th of November, 1943 during which time the defendant Leyser was commander of the 21st Mountain Army Corps. Under the section of the report which deals with the activities of the 100th Infantry Division --
DR. GROSSE)(Counsel for defendant Leyser): The prosecutor is mistaken. The defendant von Leyser was at that time not Commander of the Corps which is mentioned here -- Army Corps which is mentioned here.
MR. FENSTERMACHER: Your Honors, I'll prove that in the very next document book.
PRESIDING JUDGE BURKE: You may proceed.
MR. FENSTERMACHER: The question of the report which dealt with the 100 Infantry Division:
"3 of the Communist ring leaders from Elbasan shot to death. All others arrested already marching to Struga. Reprisal measures are being taken against the two Italian colonels."
"(1 and 11a of the 9th Italian Army) captured near '505'" That, if your Honors please, refers to Count III of the Indictment, under paragraph 12.
"Conference of Commanding General with Oberfuehrer Schaefer Major Sattler and Captain Hausding regarding commitment and tasks of the SD. The SD will be at the disposal of the Government at the latters request and on the other hand it will serve Corps Headquarters as a "feeler", however, it will not participate actively in the combatting of bands. Complete agreement is achieved in all questions, good cooperation is assured."
The activities of the SDG become important later on in this case, if your Honors please.
Now, on page 132 of the English, 102 of the German, continuing with the extracts of the War Diary of the 21st Army Mountain Corps:
"The Ia/ Corps Headquarters discusses with the Commander of the 522nd Grenadier Regiment, the execution of the large scale raid in Gross-Razzia in Durazzo and Shijak (operation "Hafenfahrt") intended for 20 November. All arrested Communists are to be sent to Concentration Camp Semlin, all other Italians to be collected in a work camp so as to be available later for labor for the fortification construction staff."
Beginning on page 133 of the English, page 103 of the German, the document which your Honors find there has already been introduced in evidence as Exhibit 318. We ask your Honors to strike it from your document book, and also from the index at the beginning of Document Book 13.
Continuing now on page 136 of the English, page 106 of the German, Document No, NOKW 052, which becomes Prosecution Exhibit 335. This ia a Court No V, Case No. VII.
dailey report of the 2nd Panzer Army dated 26 November 1943, under the 297th Jaeger Division. Your Honors will recall the 2nd Panzer Army at this time was commanded by the defendant, Rendulic:
"During mopping up of the territory northwest of Dedar 16 communists shot to death, 30 Italians taken prisoner. Reprisal measures taken against 6 Italian officers."
Under the portion of the report dealing with the 69th Reserve Corps, at this time the defendant Dehner, the activities of the subordinate unit of the 69th Reserve Corps:
"187th Reserve Division: In the area of Derventa surprise attack by a company of the 6th Mounted Cossack Regiment on 400 bandits in Italian uniforms."
On the last document in Document Book 13, page 137 of the English, 107 of the German, Document NOKW 293, which is offered as Prosecution Exhibit 336---
DR. LATERNSER: Mr. President, may I have a look at this document before it is to be read.
Your Honors, I object to the presentation of this document.
The document bears, first of all, no heading. Second, there is no date; third there is no signature. Thus, I cannot ascertain who made this compilation, and who is responsible for it, and who signs for it. There are all three of the things missing which make up a document. I therefore object to its introduction.
MR. FENSTERMACHER: If your Honors please, this is a captured document and it is now in exactly the same condition in which it was found. Here is a certificate of the Washington Research Analyst who found it, who states this, that he is forwarding to us from Washington 264 page report by Captain Kaiserlich of the German Army and Administrator of occupied territories divided into the sections in Croatia, Bulgaria, Slovakia, Roumania, Italy, Finland and Hungary.
Of the portion of the report which has been forwarded to us, we have used only the section dealing with Croatia. That is the document which is Court No. V, Case No. VII.
in question here now.
PRESIDING JUDGE BURKE: For reasons heretofore assigned by the Tribunal the document will be admitted in evidence for whatever weight, if any, the Tribunal deems it may be worthy.
You may proceed.
MR. FENSTERMACHER: The heading of this report is Croatia, and it will tell exactly what is happening in Croatia from the time of the German occupation of that country until the evacuation of German troops from it, in 1944.
Your Honors will recall that the period in which we are primarily interested at this time is the period during which the defendant Rendulic was Commander of German Troops in Croatia, and as Commander-in-Chief of the 2nd Panzer Army:
"Directly after the beginning of the German campaign against Yugoslavia (6 April 41) Croatia was proclaimed as an independent state (10 April 41) and as such was recognized by German already on 15 April 41.
"The basis of the German military cooperation with Croatia was Croatia's joining the Three Power Pact (15 June 41) and the Anti-Comitern Pact (25 November 41). On 2 July 41 Croatia entered the war actively against the Soviet Union; on 14 December 41, against the Allies.
"Already in 1941 the German Military Attache in Zagreb was appointed German General in Croatia for the unified concentration and representation of the interests of the German Armed Forces in Croatia. This office was later renamed 'German Plenipotentiary General in Croatia.'
"He was subordinated, without prejudice to his relationship of subordination as Military Attache, above all to the Chief of the High Command of the Armed Forces.
"The development of the situation however made it necessary at the end of 1942 to join all the German forces and offices in the Balkans in a unified manner under one person.
Accordingly, the Plenipotentiary General in Zagreb was also subordinated to the Commander in Chief South-East, created by Fuehrer Order 47 of 28 December 42 (from the former Aimed Forces Commander, S.E.). (again with out prejudice to his position as Military Attache)."
"The German Plenipotentiary General had the position of a Commanding General and executed the tasks and exercized the authoritys of a Wehrkreis Commander with regard to all units and offices of the German Armed Forces in the Croatian area.
"The Plenipotentiary General had the following tasks:
(a) To represent the interests of the German Armed Forces to the Croatian government and the Croatian Army Staff and to make valid the requirements for the conduct of the war according to the instructions of the Commander, in Chief South-East; with the Croatian Government. This applied especially, also to German proposals for the subordination of Croatian units and formations under the command of the commander of the German Troops in Croatia.
(see below).
"(b) The Plenipotentiary General had further to guarantee Army Staff with the Croatian the smooth and successful accomplishment of the operational tasks of the Croatian Armed Forces. In the parts of the country occupied by German troops (there was first of all also an Italian zone of occupation, the whole Adriatic Coast) as well as in the area in which German troops operated (bandit combat) appertained especially thereto:
The distribution of the Croatian troops irrespective of the operation and the troop disposition within the operational territory.
"(c) Furthermore the German Plenipotentiary General had used his influence with the Croatian government, so, that the measures necessary for the pacification of the country in the territory of adminitration agreed with the interests of the conduct of war and the tasks transferred to the German occupational troops. The Plenipotentiary General had to place basic demands of this sort, in agreement with the German ambassador whose cooperation he also had to demand, in important military-political and administrative technical affairs.
"(d) Furthermore the Plenipotentiary General directed the new arrangement of the Croatian Armed Forces, representing and according to the orders of the Commander in Chief South East (up till then a special German inspector was installed).
"The Transport Base Hq., at Zagreb, the Croatian Intelligence Office, the Signals Officer of the German Wehrmacht, the War Economy Officer, and the Chief Administrative Office of the Wehrmacht in Croatia were incorporated and disciplinarily subordinated to the Plenipotentiary General for unified observation of the German military interests, without prejudice to their technical subordination. Administrative sub area Headquarters (725) and the Army Reconnaissanee Service Group, as well as the German Liaison Staff with the 2nd Italian Army (Supersloda Command) were further subordinated to him.
"The German troops deployed in Croatia were not subordinated to the German Plenipotentiary General. They were subordinated rather to the:
'Commander of the German troops in Croatia', who was likewise subordinated to the Commander in Chief South East. The Plenipotentiary General and the Commander of the German troops were instructed to cooperate closely.
"The German Navy and Air Force maintained their own offices in Croatia. Like, the German Army, they endeavoured to set up of Croatian units, as well as to recruit Croatian forces for their own units. The Croatian soldier was known from the first World War from the time of the then K.K.
Austrian-Hungarian Army especially for his ability and endurance. The German expectations built up in this war were not fulfilled.
That was not founded on human material, but had political causes.
(a) In the formation of the Croatian state extensive consideration had to be taken for the Italian points of view.
(b) In the establishing of borders for the new Croatia, the borders of nationality were not taken into consideration. Instead of restricting Croatia to the part of Yugoslavia overwhelmingly settled with Croatian population, further parts of the Serbian territory, especially Syrmia, were incorporated into the new Croatia. Through this, not only conflicts of nationality resulted, but religious conflicts especially resulted, which were arbitrated also wehemently in the Balkans. The overwhelming Roman Catholic Croatians carried on a sharp battle against the Pravoslavs. Between both groups stood the Mohammedans, especially numerous in Bosnia.
German military offices especially the Commander in Chief South East, the Plenipotentiary General in Zagreb, and the Commanding General in Serbia, attempted repeatedly to justify the settling of the border in a solution more just to the Serbian interests. That was, however, refused by the Fuehrer. Except for the Croatian government, the German Ambassador in Zagreb (SA Obergruppenfuehrer Kasche) was the most vehement opponent to another solution.
(c) Instead of building up Croatia with the Farmers' Party (Dr. Matschek) predominating in the country, a dictatorship was drawn up with the emigrant group from Italy, of Dr. Ante Pavelitch, which had probably only an estimated five percent of followers in the country. The Farmers' Party was not unsympathetic to the German entry.
(d) The Croatian population which after 1919, after its incorporation into Yugoslavia, had carried on a fervent national struggle against Belgrade, had conducted a battle of somewhat passive resistance in the Yugoslav Army. By this, some of the previous Croatian soldierly virtues were killed off.
After the creation of the "Military Commander, South East", according to the Fuehrer Order 48 of 26 July 43 (see the work "The Army and the Occupied Territories") the German Plenipotentiary General was subordinated to the Military Commander, South East, since the Commander in Chief, South East, was to be made completely free for his coming combat missions.
MR. FENSTERMACHER: And, if Your Honors will note in the chart, you will see how we have indicated that subordination.
"So far as executive power was to be exercised in Croatia, in the territories occupied by German troops, because of the failure of the Croatian government to act, it was now exercized for the Military Commander, South East, by the Commander of the German troops in Croatia.
An "affirmative attitude of all German offices toward the Croatian state" was once more demanded by order of the Fuehrer through the Order of the High Command of the Armed Forces of 7 September 43, concerning the point of view of all responsible German Military offices in the Balkans and referred accordingly to the fact that concerning this, only the Ustachi regime of the Poglavnik (Dr. Pavelitch) would come into question. But in the meantime, however, the other political establishments in Croatia were no longer prepared to cooperate with Germany. They had either decided in favour of the Bolshevist tendency (TITO) or for the Allies.
The idea of a German military administration in Croatia for pacification of the country was discarded by the German political leadership in consideration of the Ustachi regime.
(In contrast to the attitude of the German ambassador in Zagreb (Kasche) the Political Special Plenipotentiary of the Reich for the Balkans (Dr. Neubacher) agreed especially also in Croatia with the demands of the responsible German commanders in the Balkans after a revision of the German political course. He, however, was not successful.
MR. FENSTERMACHER: And that, if Your Honors please, completes the presentation of the documents in Document Book No. 13. Mr. Rapp will continue with the presentation of the documents in Document Book No. 14.
DR. SAUTER: Your Honor, Dr. Sauter for the defendants Lanz and von Geitner. I think it is a matter of principle how far a document like the previous one can be admitted. The Tribunal has ruled that this document is admissible; however, I'd like to point out that we of the defense have, so far, not heard of the date this document, who it is addressed to, and, above all, where it originates. From the index I can see -- the index which is on the first page of the Document Book 13 -- that in the last number there it says it's a report of Captain Cartillieri, that is page 3 of the index. Irrespective of whether this document which has just been read has a special meaning or is of special importance or not, in my opinion it is the certain duty of the Prosecution to tell us who the author of this is. The Prosecution must know that, for the index shows that a certain Captain Cartillieri is allegedly the author of this document. And I am of the opinion that in the future, as well as concerning this document, it is necessary that the Prosecution tell the Tribunal, as well as the defense, who is the author of such a document. This is a question which will probably come up again in other similar reports which probably will be more important concerning other documents, and, therefore it has to be clarified somehow.
MR. FENSTERMACHER: If Your Honor please, I think the Prosecution has already given to the defense and to the Tribunal all the information which it has concerning this document. We received it from Washington with a certificate of a research analyst in Washington, stating that it was part of a 260-page report by Captain Cartillieri of the German Army on the administration of the occupied territories. That is all tho information we of the Prosecution have on it.
PRESIDING JUDGE BURKE: I think the ruling heretofore made by the Tribunal in respect to this type of document will still hold good in the present instance.
I think it is obvious to Dr. Sauter, and it must be to the Prosecution, that the acceptance of the document in evidence was accompanied by the statement that such weight would be given it, if any, as the circumstances seem to require.
DR. SAUTER: Then, as defense counsel, I can assume from this attitude of the Tribunal, that in the future the defense also will have the right to put in its evidence some kind of reports which do not show clearly, and without the defense having to show, when this report was made, by whom, and for what purpose, because whatever the Prosecution claims as its right, the same rights go for the defense. I, therefore, assume that in the future, we will also have the right to put in such reports as evidence, and that the Tribunal will accept these in the same way, and under the same circumstances.
PRESIDING JUDGE BURKE: It would be a little difficult, Dr. Sauter, at this time, to answer in advance a ruling covering the type of evidence that the defense desires to submit. I am certain that at the time it is offered, such ruling that the Tribunal will make will be one that is just and fair and equitable under the circumstances.
DR. SAUTER: I thank you.
PRESIDING JUDGE BURKE: You may proceed, Mr. Rapp.
MR. RAPP: If the Tribunal pleases, the Prosecution is now presenting Document Book No. 14. This Document Book, Your Honors, will deal with the period, August 1943 to December 1943, inclusive. It will primarily emphasize the military picture in Croatia at that time. But there will be several documents pertaining to the picture in Greece. The defendants involved in relation to this evidence are the Defendants Weichs, Foertsch, Rendulic, Leyser and Lanz. Your Honors, our first document, which you will find on Page 1, also on page 1 of the German Document Book, is Document No. NOKW-1391. It will became Prosecution's Exhibit No. 337. There is before us a document from the Air Liaison Officer, dated on the 25th of August 1943, addressed to the Commander of German Troops in Croatia.
And on Page 2, Your Honors, this being a TWX telegraphic message, you will find the statement, "There are communists in black uniforms newly arrived from Skender Vakuf." And then it gives various priorities and numbers affixed to the TWX. Your Honors, if you turn to Page 3, also page 3 of the German Document Book, we will find a document dated 31 August 1943, which is Document No. NOKW-1423, Prosecution's Exhibit No. 338. This, again, Your Honors, are various telegraphic messages sent to the Headquarters of the 15th Mountain Corps, and at the bottom of the page it states that "In Trilica 55 kilometers South of Vakuf, 20 pack-animals and about 50 men some of whom in gray uniform." And then, Your Honors, on August 29, 1943 another TWX on Page 4 of your Document Book, also defense counsel' Document Book Page 4, we find this Daily Report stating, "Own reconnaissance established that the band reported on 28 Aug. in Oberak (5 kilometers North of Ulog) was not the group Vlada Segrt but it is assumed that it was the Hezegovinian Brigade." Your Honors, if you now turn to Page 6 of your Document Book, NOKW-076, which becomes Prosecution's Exhibit No. 339. Defense counsel will find this on their Page 5. This, Your Honors, is once again a teletype message sent on the 17th of September, 1943 and it is addressed to the German General Plenipotentiary in Croatia, General Glais - Horstenau, and it is sent by the Operations officer of General Rendulic, who at that time commanded the 2nd Panzer Army.
You are requested for information as to what measures are being taken in order to prevent the further dissolution of the Croatian Wehrmacht. The 2nd Panzer Army believes the best means would be reprisal measures against family members of the "Traitors to their Country" to stop further desertion of the Croatian Units and the subsequent dissolution of the Croatian Wehrmacht.
2nd Panzer Army Ia And then various illegible signatures certifying to its being a true copy.
On page 7, Your Honor, there is a report from the 1st Mountain Brigade about the subject of treason and desertion of Major Bradac Milan. It is dated the 17th of September, 1943. This unit belonged to one of the non-German units fighting with the German armed forces in the Southeast Area. It is addressed to the Group West, for information: Minister of the Armed Power.
On 14.9.1943 at about 2200 hours the Commander of the III Battalion of the 7th Regiment Infantry, Major Bradac Milan ordered the Company Commander of the 3rd Company of the IIIrd Battalion of the Vth Mountain Regiment Lieutenant Rukavina to march with his Company in the direction of Kriz Since Kritz and the train coming from Zagreb were being attacked.
Lieutenant Rukavina accepted the order and when he marched out of Popovaca he went to see Sergeant Sol and said to him that this seemed suspicious to him, that they were betrayed and that caution seemed indicated.
For this reason Lieutenant R. did not march in the direction ordered but changed the direction.
After the 10th Company had marched off, at about 0030 hours loud firing could be heard from the direction which the Lieutenant had been ordered to take. But this fire was only staged by the partisans in agreement with Major Bradac. Thereupon Major Bradac ordered the 9th Company from Popovaca to go immediately to the assistance of the 10th Company.
When the men had assembled in front of the Company Office partisans came from all sides. About 300. Company Commander then told his people: "Now other times have come, for two years now we have been fighting for nothing".
Then Major Bradac ordered the collection of all arms and equipment and had them loaded on to vehicles, which was also done. And then he marched off with the partisans in the direction of Garic with the 9th Company which had been taken prisoner in this way and with detachments of the Machine Gun Company.
When the Domobranes realized that they had been cheated and betrayed, some of them cried in despair, others again seized the first opportunity to flee with their arms, so that up to now 10 men with 1 light machine gun and 9 rifles have taken to flight.
There were a few who resolved to kill Major Bradac but they were unsuccessful because of the great caution and protection by the partisans.
According to statements collected up to now more than 100 men refused to join the partisans.
In Garici Major Bradac made a speech to the Domobranes asking all of them to remain with him but he did not succeed.
From the above it is clear that Major Bradac as a Commander of the III/5 Mountain Regiment had prepared and executed with forethought the betrayal of the units of the Battalion from Popovaca which were subordinate to him.
He ordered the 10th Company from Popovaca to go in the direction of Ludina-Kriz where an ambush of 3 partisan battalions had been established. Now if the Company had marched in this direction it certainly would have been annihilated.
This Company was sent into the ambush only because of the fears of the Commander that his intentions would be frustrated and that is why the Company was to be annihilated.
DR. LATERNSER: Your Honor, I can not understand what the document is supposed to deal with this trial. It is purely a Croatian matter and I don't know what we have to do with such a document. I, therefore, object to its introduction.
MR. RAPP: If the Tribunal pleases, the purpose of this document, Your Honor, is closely connected with the previous documents I have read to you into the record showing how the Commander-in-Chief of the II Panzer Army intended to punish deserters of the so-called Croatian volunteer army fighting with the Germans.
DR. LATERNSER: Your Honor, something is brought into a connection here which can't be put into connection. It is an order of the Panzer Mountain Army which has been read whereby it had been recommended that it would be the best means to make reprisals against relations of deserters. But that this recommendation of the Panzer AOKII, can have any connection with the document which has just been read, does not show clearly at all because the report which has been read is likewise of the 17th of September, so that an order of the AOK-II given on the 17th of September or rather a recommendation cannot have any effect on that same date in Kutina. That is purely a Croatian matter which has nothing to do with this trial.
PRESIDING JUDGE BURKE: Toward what defendant or defendants are you directing the offer of this alleged proof?
MR. RAPP: To the defendant Rendulic, Your Honor.
Your Honor, the Prosecution cannot ascertain if such occurrences have happened prior to the issuance of the order by the then Commanding General, of the II Panzer Army, defendant Rendulic. We would like to ask the Tribunal to accept this document into evidence and give it such weight as the Tribunal may feel it right to give, if any.
PRESIDING JUDGE BURKE: For the time being, the motion of Dr. Laternser will be granted with the Understanding that later, if the prosecution may present some type of more formal, and legally recognized proof, it will be admitted but until that time the motion will be granted.
MR. RAPP: The next document, Your Honor, will be Document NOKW880 which will become Prosecution Exhibit 339 - and the previous prosecution Exhibit being 339 is deleted. Is that agreeable to Your Honors?
PRESIDING JUDGE BURKE: That is agreeable with the Tribunal.
MR. RAPP: Your Honors, I just have been advised that only a portion of this document which previously was introduced as evidence, 339, has not been accepted. Is that correct, Your Honor?
PRESIDING JUDGE BURKE: The whole exhibit was included within the scope of the ruling of the Tribunal.
MR. RAPP: Very well, Your Honor. Your Honor, NOKW-880 will now become Prosecution Exhibit 339. This is a document dated 3 August 1943, an excerpt from a War Diary of the 1st Mountain Division which at that time was a part of the XXIInd Mountain Corps, commanded at that time by the Defendant Lanz. It states:
Paragraph 4) Carrying out security:
Suspicious male civilians are to be shot if they carry arms; otherwise, they are to be arrested and transported to Joannina.
For the Division HQs The Second General Staff Officer (signed) Brannerer Major General, General Staff Corps.
Distribution, and finally the official seal of the Division.
On page 11, Your Honors, this document continues. This is page 8 and 9 of the German document book, and it says, under paragraph 6:
Security of the convoy by means of a civilian truck occupied by hostages:
In front of the security truck, a civilian truck occupied by hostages is to go every day, which will force anti-mine blockades to explode and will accordingly warn the security trucks in time.
And this is signed "Hagenneinder".
And at the bottom of page 11, which is page 9 of the German document book, Your Honor, we find a subject pertaining to the quarterly ration report and it again comes from the 1st Mountain Division and it states, on the prisoner-of-war affairs: "All together, 2400 PW's and hostages were held in custody by the Field Gendarmerie in its jail and collecting points within the Division area and evacuated from there to the rear."
That is signed for the Division Headquarters for the Second General Staff Officer. This, Your Honor, concludes NOKW-880, Prosecution Exhibit 339.
Court No. V, Case No. VII.
Your Honors turn to page 13; this ill become Prosecution Exhibit 340, NOKW 509
DR. FROSE: Before the documents being read may 1 please look at it.
PRESIDING JUDGE BURKE: Will you repeat please.
DR. FROSE: May it please your Honor, may I look at the photostat before the document is to be read?
PRESIDING JUDGE BURKE: I am sure counsel will afford you the courtesy.
MR. RAPP: Very well.
DR. FROSE: (Attorney for the defendant Dehner) May it please your Honor, I will have to object to the introduction of this document. The document shows a heading, "General Command 69th Reserve Corps", but no address; it does not show to whom this order is addressed. It shows no signature, but starts immediately with several enclosures. In the further course of the document, in the German version, there is a name turned out which is signed, the Chief of Staff for the 69th Reserve Corps as Nebenbach. There was never an officer "Nebenbach" in the 69th Reserve Corps, I have to contact the authenticity of this document and I have to object to its introduction.
PRESIDING JUDGE BURKE: For the information will you please state the exact page of the English document and the location of the name referred to.
MR RAPP: Your Honor, Defense Counsel is referring to page 13, NOKW 509, Page 14.
DR. FROSE: Page 14 is the end of the communication of the 69th Reserve Corps. It has no signature in the English oh page 14.
PRESIDING JUDGE BURKE: The signature is illegible, is it not?
DR. FROSE: In the German text that is not so.
PRESIDING JUDGE BURKE: In the English text I find the following:
"Certified to be a true copy, Corps Headquarters, dated 2.12.43, signature illegible, Captain."
DR. FROSE: I beg your pardon, your Honor, that is the signature for the enclosure to the alleged order of the 69th Reserve Corps, and not to the main part of the communication, page 13.
PRESIDING JUDGE BURKE: For the reasons already assigned by the Tribunal with respect to this type of offered testimony it will be received.
MR. RAPP: Your Honors, on page 13, we have a letter from the High Command of the Wehrmacht, Furhrer Headquarters, dated 18.8.43. It makes reference to the Chief of Staff of the High Command of the Wehrmacht, WFST/Organization II, No. 02958/43 secret dated 8.7.43.
PRESIDING JUDGE BURKE: Will you permit us to interrupt. Will you be kind enough to hind to the Tribunal the document in question? Thank you.
MR. RAPP: You are very welcome, your Honor. The document states:
"In order to clarify any doubts in connection with the order pertaining to the treatment of prisoners taken during the combatting of bands in the East and Southeast the following directives for the execution of No. 4 of this order are issued in agreement with Reichsfurhrer SS and Chief of the German Police:
"1) All members of bands surrendering or captured in combat wearing enemy uniform or civilian clothing are to be treated as prisoners of war. It is within the discretion of the Hq's authority or the local troop leader in accordance with a given situation to treat as prisoners of war also, those persons found in the immediate combat area against whom no combat action can be proven but who are considered as the accomplices of bands.
"2) Excepted from the treatment as prisoners of war are: members of bands - regardless of how they are dressed - who report with or without arms to a German or allied unit outside of combat action. They are to be treated as deserters.
"b. Members of bands captured in a German or allied uniform (not deserters). After thorough interrogation they are to be shot.
"3) Commanders having the rank of at least that of divisional commander are empowered in cases of particularly malicious procedure on the part of bandits or their accomplices to issue precautionary directives not to take any prisoners or, respectively, that prisoners and the population captured in the combat area may be shot.
Without adequate orders, local commanders will act accordingly on their own responsibility. The Chief of the High Command of the Wehrmacht signed Keitel "Addendum High Commander Southeast Figure 4 mentioned above reads as follows:
4.) Male prisoners from 16 to 55 taken during combatting of bands in the operational area, the Army area, the East Kommissariat, the Generalgouvernement and the Balkans are to be considered prisoners of war in the future. The same applies for these men in the newly conquered territorities in the East. They are to be transferred to prisoner of War camps and from there to be sent for labor employment into the Reich.
Certified to be a true copy Corps HQ.
dated 2.12.43.
(signature illegible)
Captain" Your Honors the next page, page 15, we will find a letter from the then Commander in Chief of the 2nd Panzer Army, the defendant Rendulic issued from the 15 of September 1943 at his Army Headquarters.
The letter is:
"Intelligence Offices(III) Registration No. 39/43 secret.
Subject: Combatting of bands, reprisal and evacuation measures.
I. Band activity within the area of the 2nd Panzer Army is growing everywhere to a serious threat endangering, in particular, the entire supply where the troops lack the necessary *severity* toward each individual bandit.
II. Hence I order to the troops subordinate to me
1) All operations against collective bands or against individual bandits are to be executed with ruthless severity.