"Before the arrival of the division there was a resistance on 21 April during a search in the village of Dobric (three km south of Lesnica) and thereby one lieutenant was killed and one lieutenant and one sergeant were wounded. The village of Dobric was burned in retaliation. The order that 100 Serbs are to be shot for one German killed did not exist at that time."
Now, if we might interrupt for a moment here - this is a report which is dated 17 May and it recites an occurrence in a divisional area of the XI Corps of the Second Army in Yugoslavia, this occurrence having taken place on the 21st and he said that all we did was burn the village because the order for shooting a hundred Serbs didn't exist at that time, so this clearly shows that this order got down to the lower combat units, the division. It continues:
"Brigandage is an occurrence not unusual in the Balkans, and also in peacetimes it has not been possible to have it stopped completely. Since the war these bands have received additions through adventurers, stragglers, and other elements, and have nothing to lose, and on account of the dwindling of the previous state authority, especially the gendarmes' limited ability to act and its political unreliability, they have found a rich field for activity.
"Beside this kind of purely robber bands Serbian political fanatics have united in several places under the name of 'Cetnik'. By terrorizing the population they had to cause the latter to rebel against the German occupation forces, to force the mayors in areas not under Serbian administration to tolerate the Serbian elements of the population. The Cetniks assume the appearance of a large and extensively planned organization."
Now here we have less than a month after the capitulation of Yugoslavia and we have a division commander through his appropriate staff officer reporting to corps command that at this time less than a month after the capitulation of Serbia the Cetniks assume the appearance of a large and extensively planned organization. Then to continue with the letter:
"But the fact that they dare to appear only in small and far remote communities proves their true power. In the imagination of the population the Cetniks are surrounded with a much exaggerated halo, which all results in fear of them.
"In the treatment of armed bands, it makes no difference whether they are Cetniks or ordinary robber bands. Anyone who is found with unauthorized weapons has forfeited his life.
"Recently bands have still caused alarm in the area north of Sjenica and in the area northeast of Uzice. The difficulty of access to the mountainous country favors the hiding of such bands and makes search operations extraordinarily difficult. Even after a search has been carried out, it can never be said with certainty that the area covered has actually been mopped up.
"According to a recently received report, the Serbian population in and around Ivanjica takes completely unsuitable self-confident attitude. It seems that it regards the present conditions to be only temporary. The authorities and especially the gendarmes in this area comply with German instructions only very hesitatingly and reluctantly. So far Ivanjica has had no German troops stationed there. It seems necessary to do this in the future to have the German will respected in the area. Purging the Serbian administration there of unreliable elements will be necessary for this.
"Reports from the rural communities concerning threats by bands and calls to the troops for help have often proved to be greatly exaggerated. A detonation in the townhall at Prijepolje, reported to be a bomb attack, was found to be only an accident caused by improper handling of ammunition collected there. Components of the division and vehicles moving singly were not attacked in any instance or ambushed. In the area north of Rogatica a burst of machine gun apparently from the west bank of the Drina was directed in the vicinity (about 200 meters) of a car being driven there. Investigations remained unsuccessful.
"The Gendarmerie has been set up again in Serbian territory. Its members authorized to carry arms on duty. It is their task to ensure peace and security for the population in cases of reported unrest in the country caused by bands. Only when their power is insufficient will the employment of troops be considered. As long as the Gendarmes remain loyal, it is expedient to employ them extensively and to support them. However, at the present time they need the strictest supervision as their political reliability is concerned.
"The administration in the Serbian territories is being gradually built up again. Control over setting this up rests with the headquarters appointed by the Military Commander of Serbia, administrative sub-area headquarters Uzice, town headquarters at Sabac and at Kosmitrovica. All measures which were effected by the units concerning behavior towards the civilian population must be discussed with these headquarters beforehand, in order to avoid contradicting instructions."
And they continue with areas of mixed population, speaking of Serbian troops being stationed there and employed on guard duty. I don't think we need to read that section. However, it is the last page where they speak of:
"In Sjenica predominantly Albanian Mussulmen live. The Croatian influence is not liked by the population there. For this reason a Croatian detachment of gendarmes, stationed there in the beginning, was withdrawn at the request of the local German commander. The area is also claimed by the Croats, also if possible the entire former Sandschak of Novi Pazar. The main reason for this seems to be to establish a separation, a corridor, so to speak, between old Serbia and Montenegro." And he speaks of "a map showing the areas claimed by the Croats was presented to corps headquarters, XIth Infantry Corps.
"Otherwise opinions are continually arising variously populated territories, mainly among the Mohammedans, who want to have these placed directly under German rule."
And then in summing up:
"The area where the division is stationed can be regarded as pacified. Occasional disturbances which still occur are not of far-reaching importance. By means of immediate ruthless handling this disorder will be kept within the limits which are usual in this country."
A copy went to the corps, to the administrative sub-area headquarters, and also to the division. I don't know whether or not Your Honors' books contain a document listed NOKW-1061. If they do, that is an error.
The next document is NOKW-1522, which is page 33. This is offered as Exhibit 9, NOKW-1522. It is the directive of Hitler, initialed by Keitel and Jodl, for the attack on Crete, "Action Merkur", and also contains some provisions with reference to the various authority in the Southeast as set forth by the Supreme Commander of the Wehrmacht, Hitler, at this time. It is to be remembered that the campaign, so far as Greece and Yugoslavia, is over, that the attack on Crete which is referred to here, "Operation Merkur", is about to come, that List is in the Southeast with his Twelfth Army, and that this is around the time when Weichs is getting ready to withdraw to Germany to go to the Western Front. The copy which we have here is the eighth copy, the first copy received by OKW as the distribution shows, and it is dated the Fuehrer's Headquarters, 17 May 1941, and is Directive No. 29.
The first paragraph speaks of the aim of the Germans in the Southeast to drive the English from the Balkans and to extend the basis for the commitment of the German planes in the eastern Mediterranean and that it will be improved by the execution of the attack on Crete.
He then provides, "In the future, the security of the Greek area will be the task of the Italians apart from the exceptions enumerated below. Consequently, German authorities are not to participate in general questions concerning the security and the administration of the country. In particular any activity as mediator desired by the Greeks is to be rejected."
Then he speaks of arrangements made for bringing up supplied and then he gives directions to the Army:
"Only forces urgently required for the security of the supply base for operation 'Merkur', which are to be closely consolidated locally, will remain in Greece; and, a division near Saloniki," where he refers to a map which is Figure 3, that went forward which we have not been able to find, "which is also charged with the security of Lemnos and other islands which might possibly remain occupied.
"Until the conclusion of operation 'Merkur' however, all areas used for jumping, including the islands intended for this purpose, will have to remain in German hands. All forces superfluous in accordance with this regulation are to be withdrawn as speedily as possible.
"The Italian High Command will be instructed to make all arrangements required for the rapid taking over of Greece with the Commander-in-Chief of the 12th Army. He will transfer his headquarters to Saloniki as "Commander-in-Chief of German Troops on the Balkans'", that is, referring to Commander List, who at that time was Commander of the 11th Army, this transfer to be made "as soon as the situation (Operation 'Merkur') permits it."
Then he has some directions with reference to the Luftwaffe. The only part we have to be concerned with is the sentence under the fourth line wherein he says: "It has been ordered to cooperate with the 12th Army (Commander of German Troops on the Balkans) for the defense of the Balkan area." Then some additional order with reference to cooperation of the Africa Corps and then "Territorial directives which require coordinated ruling on the Balkans will be issued by the 12th Army for the X Flieger Corps also."
Then he speaks of the ground personnel, and then turning to the Navy, there are some directives for them which are concluded. I don't think we have to read those. At the end it says:
"The German Wehrmacht alone is the authority concerning all military measures around Saloniki. The exact delimitation of this area will be suggested by OKH (Commander-in-Chief of the German Troops on the Balkans.)
"4.) OKH will regulate the Administration of Greek areas to be occupied by German troops by agreement with the Plenipotentiary of the German Reich in Greece. As far as possible, the Greek Administration is to be used and German offices should not be installed.
"5.) 'Military Commander Serbia' is to receive from OKH all the authority and the security troops required for the fulfillment of his urgent economic tasks in order to enable him to complete his mission independently.
"6.) I am expecting reports of the Commanders-in-Chief concerning the measures taken, pursuant to this directive and arrangements made with the Italians."
Now, from this letter it is apparent that at this time the Military Commanders Serbia were acting independently. However, we shall see shortly where the Military Commander Serbia was brought under the command of the defendant List when he becomes the Armed Forces Commander Southeast. And, this distribution list shows how the orders went out from the Wehrmacht, that is OKW, and a little later we have the same order going from the Wehrmacht to OKW, that is, from OKW to OKH, and then on down, so your Honors can see how that is handled.
The next order is Document NOKW-1382 which we offer as Exhibit 10. This, if your Honors please, is the one which has reference to the collecof free Mason lodges and materials from Jewish organizations which was referred to earlier in the unsigned letter which was offered and rejected. This is a report from the Commander of the Rear Army Area 560 and it is dated 21 May 1941, Athens.
"Subject: Commitment of the offices of Reich leader Rosenberg in the army area.
In compliance with the orders of the 12th Army," at that time it was commanded by the defendant List, "of 19 April 1941, Department 1c/AO No. 1031/41 Secret, there is in operation, in the area of the 12th Army a special detachment of Reichs leader Rosenberg which has the task of examining state libraries, archives and offices of the high church authorities, Free Mason lodges and Jewish organizations for political incidents directed against the Reich and of having the material in question confiscated.
"The special Detachment Rosenberg - Lieutenant von Ingram - is subordinated to the Commandant of the Rear Army Area, until further notice; the Headquarters of the office is Athens. The address reads as follows:
"Special Detachment Rosenberg, Field Post No. 14894. In Saloniki, in consideration of the exceptional propagation and the influence of the Jewry there, a permanent work group will be established there soon.
"By an order of the 5th of May, the Special Detachment in Athens has already been assigned for administrative purposes to the administrative sub-area headquarters 811. In the same way, the assignment for administrative purposes of the work group Saloniki will be made to the administrative sub-area headquarters there.
"The administrative sub-area and local headquarters will be informed concerning the activities of the Special Detachment Rosenberg and will be instructed to give every possible support to the Representative of Reich Leader Rosenberg in the execution of his tasks. To carry out confiscations, officials of the Secret Field Police, Geheime Feldpolizei, may be assigned on request to the Special Detachment.
"At the same time, the administrative sub-area and local headquarters are instructed to report from time to time concerning Free Mason lodges, synogogues and Jewish organizations of all kinds as they become known."
"For the Commandant Rear Army Area.
The Quartermaster, (Signature illegible) Lt. Colonel (initial illegible)."Now this task force Rosenberg which we will be able to better identify the works of Mr. Rosenberg at a later time, is here shown to be subordinate to the Commandant of the Army Rear Area.
The local Headquarters and sub-area headquarters to which they are attached is only for administrative purposes and it is to be noted that this unit is commanded by a Lieutenant, and Army officer; that they have one now working in Athens; that they will set one up in Saloniki and that in cases they need them they can call upon the Secret Field Police to help them out whenever special confiscations are made.
The next document is NOKW-929 which is offered as Exhibit 11 and is an affidavit.
THE PRESIDENT: Mr. Denney, before you start in with this exhibit it is now very close to 1215. The Tribunal is inclined to try an experiment to see whether we make haste by giving a little time. We shall adjourn now until 1:30.
(A recess was taken until 1330 hours)
AFTERNOON SESSION (The hearing reconvened at 1330 hours 16 July 1947.)
THE MARSHAL: All persons in the courtroom will please take their seats.
The Tribunal is again in session.
THE PRESIDENT: May I inquire of counsel for the defendants as to whether or not they have had sufficient time for lunch?
DR. LATERNSER: Yes, Your Honor.
THE PRESIDENT: Very well.
MR. DENNEY: May it please your Honors, the next document is NOKW-929 which is a combination of an affidavit by the defendant Foertsch dated -
THE PRESIDENT: What page, please?
MR. DENNEY: I am sorry, sir -- page 40, Document Book I, page four zero, dated March 18, 1947; and in conjunction with it is submitted his service record, the whole exhibit being -- I beg Your Honors' pardon -- 929 is Exhibit No. 11. Is that right, Major Hatfield?
MAJOR HATFIELD: Yes, Sir.
MR. DENNEY: 929 is received as No, 11 but we haven't gone into it. The next one is 1559 which is a service record, which will be 12.
THE PRESIDENT: I believe it might be well to read this affidavit because it gives a fairly short but complete description of the defendant's military career and perhaps can save some time later on.
THE PRESIDENT: May I inquire as to what the document is to which you are referring?
MR. DENNEY: 929, NOKW, Your Honor. It is on page 40.
"I was born as the son of a manager of an estate in Frahnow (West Prussia) on April 4, 1885. I attended the elementary school for three years. I then went to the Humanistische Gymnasium in Filehne and later in Schneidemuehl. I graduated from the last named in spring 1913. I joined the 175th Infantry Regiment in Graudenz as an officer candidate in March 1913.
After having been assigned to the war academy in Potsdam (November 1913 until July 1914) I was assigned to the 175th Infantry Regiment with the rank of lieutenant. With this regiment I went to the front as a Platoon Leader. And I participated in the battles of the XVII Infantry Corps in East Prussia, Poland and on the Western Front. I was transferred to the 7th Assault Battalion as Company Commander and fought in the West until the end of the war. In 1919/20, I commanded a volunteer company with the rank of first lieutenant (since 1917). I was employed for the security of the Army Command and also in combatting interior unrest. In World War I, I received the Iron Cross 2nd Class in 1914, the Iron Cross 1st Class in 1916 and the Order of the House of Hohenzollern in 1918. 1921-25 I was assigned to the Training Course for assistant chiefs of Staff, two years with the Muenster (Westphalia) Wehrkreis, one year with the 17th Infantry Regiment in Brunswick, 2 years with the Reichs Wehr Ministry in Berlin. Of the last mentioned, I spend one year as Ordonnanzoffizier (Adjutant) of the Chief of the truppenamt. Having successfully concluded my training as assistant Chief of Staff I became Press liaison officer in the Reichs Wehr Ministry from 1925 to 1930 and I was charged with evaluating and advising the German Press and the Military Periodicals. I was promoted to Captain in 1926. I was Company Commander of a rifle company in the 17th Infantry Regiment in Goettingen from April 1930 to August 1932. After that I was transferred to the Reichs Wehr Ministry as Press Chief of the Ministry with the rank of Major. Later I became a section Chief "Inland" (Internal Affairs) and I was charged with handling all general problems pertaining to the Wehrmacht. I was transferred to Treptow (Pomerania) as a Batallion Commander in the 4th Infantry Regiment. There I was promoted to lieutenant Colonel in 1936. In fall, 1936, I was assigned to substitute for a sick instructor in the War Academy in Berlin. Subsequently I was transferred there. I became a Colonel in 1938. At the outbreak of World War II, I was Chief of Staff of Wehrkreis VIII in Breslau.
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.