Also, the installations of the Army necessary for the War Administration are under his command.
The Eastern part of the Island to a general line, the western edge of the Bay of Meranbelo to Jerapetra inclusive, is assigned to the Italian occupation. It is subordinated to the Commandant of the Island in all tactical questions which refer to the unified defense of the Island.
7.) Air Warfare in the Eastern Mediterranean is to be conducted according to the orders of the Commander-in-Chief of the Luftwaffe.
The necessary arrangements are to be made directly by him with the Italian Luftwaffe.
Through the Admiral Southeast and in collaboration with the Italian Navy and the X Flieger-Korps the Wehrmacht Commander Southeast regulates the transport of troops and the sending of reinforcements by sea as well as the necessary security on the water or from the air.
The cooperation of the Admiral Southeast with the Rumanian and Bulgarian Navy and questions pertaining to operational naval warfare in case they should arise in the Eastern Mediterranean, are to be regulated by the Commander in Chief of the Navy, directly with the Admiral Southeast.
9.) The order 29 of 17 May 41 is rescinded insofar as it is superseded by the above orders.
Signed: Adolf Hitler Certified Wien Major-General Staff Corps
MR. DENNEY: For the distribution of this the first three copies went to Commander-in-Chief of the Army (Operations Branch), Commanderin-Chief of the Navy ( Operations Division), and Commander-in-Chief of the Luftwaffe (Luftwaffe Operations Staff -to the OKH, OKM, and OKL, the Army, Navy, and the Luftwaffe. And the fourth copy went to the Wehrmacht Commander Southeast, the Defendant List.
This Order 29, which is referred to here, is Exhibit No. 9, which has been received in evidence. Now, on the next page there are some "Limitation of Powers of 'Reich Plenipotentiary for Greece' and the 'Wehrmacht Commander in the Southeast.'" They provide that "The relations.....
1. The relations of the "Reich Plenipotentiary for Greece" and the "Wehrmacht Commander in the Southeast" to one another and to the Greek Government are to be noted from the following reasons.
a.) Fuhrer decree of 28 April 41 for the "Plenipotentiary of the Reich for Greece".
"1. I nominate a "Plenipotentiary of the Reich for Greece". His office is to be Athens.
"2. The plenipotentiary of the Reich has to represent the political, economic, and cultural interests of the Reich in Greece with the new Greek Government until assumption of formal diplomatic relationships with Greece.
"3. Further, the plenipotentiary of the Reich must maintain whatever contact with the Italian occupation he finds necessary for the execution of his duties.
b.) The right of the "Wehrmacht Commander in the Southeast" to exercise power in the territory occupied by the German troops.
II. The Wehrmacht Commander Southeast has to support the Reich Plenipotentiary in every respect and to concur with him in the measures he prepares for Greece.
III. Duties in the political , economic and cultural fields will in general devolve on the Reich Plenipotentiary for Greece. Negotiations with the Greek Government with respect to the interests of the Reich along these lines are incumbent on him.
In so far as the current business relative to the territory occupied by the German troops is concerned, agreements will take place on the spot between the plenipotentiary of the Reich and the Wehrmacht Commander Southeast.
The Reich Plenipotentiary for Greece is to keep the Wehrmacht Commander Southeast informed on foreign political questions, a knowledge of which is necessary for the execution of his military duties.
IV. In the case of military orders which may have foreign political reactions, the Wehrmacht Commander Southeast is to establish agreement with the Reich Plenipotentiary for Greece first i.e., in so far as the military situation permits.
V. Control of propaganda in Greece is the duty of the Foreign Office, which is to cooperate with the High Command of the Wehrmacht (WFSt/Wehrmacht Propaganda Office) in this matter.
Handwritten /Initial W
MR. DENNEY: At this time the authority of the Defendant List in the Southeast was clearly setup. It was also at this time that the Defendant Foertsch, who had come to this theatre as Chief of Staff to List early in May, went along with him as Chief of Staff for the entire theatre, that is, as Armed Forces Commander Southeast, in addition to his duties as Commander in Chief of the 12th Army. And, of course , Foertsch maintained his post as Chief of Staff for both units. The threat of List's power in the Southeast I believe is apparent from the Hitler order.
The next document is NOKW-1432, which is offered as Exhibit 16 in evidence. This is a Keitel order which contains regulations for the execution of Directive No. 31, and it's dated, Hitler Headquarters, 15 June 1941.
1.) By the appointment of General Field Marshal List to Werhmacht Commander Southeast his position ad duties as Commander-in-Chief of the 12th Army remains unaffected.
2.) The Wehrmact Commander Southeast is the sole Command Authority of the Wehrmacht on the Balkans concerning all those duties for which he is responsible, pursuant to direction 31. And Directive 31 is the order of 9 June which we have just read.
The High Commands of the branches of the Wehrmacht and the offices of the OKW have been instructed to organize communication with their offices in this area accordingly.
The incorporation of the staffs of Admiral Southeast and of Commander of the Luftgau Balkans may be supplied by liaison detachments of these offices with the staff of Wehrmacht Commander Southeast in as far as the situation requires a transfer of the Navy and Luftwaffe offices to other places.
3.) Administrative offices will be put at the disposal of the Wehrmacht Commander Southeast by OKH.
Administrative procedure is regulated according to the general rules and directives issued by OKH. In basic problems it will be regulated according to directives issued by OKH/WESt/1.
5.) This next stamp which appears here appears at the bottom of the first page of the photostat and is the receipt stamp of 12th Army showing that this title order was received by them on that date. Liaison with the Italian armed farces for the Greek mainland is to be established with the Commander-in-Chief of the Italian 11th Army. Liaison for the Aegean is to be established with the Governor of Rhodes. In basic questions, liaison is to be established directly with the High Command of the Italian Armed Forces (via OKW or via the German General with the High Command or the Italian armed forces.)
6.) The Wehrmacht Commander will be informed by the respective offices of the OKW concerning current military, political and economic directives and events.
The Wehrmacht units will regulate the delivery of gazettes.
7.) Reports will be made as follows:
a) Daily situation reports before 2 o'clock to OKW and OKH concerning the events of the previous day.
b) Monthly reports to OKH with copy for OKW concerning the problems of military administration.
8.) Requisitions for personnel - officers, officials and auxiliary personnel - for the execution of Wehrmacht duties are to be sent to OKW Central Section of Armed Forces High Command as far as necessary - for all three branches of the Wehrmacht.
This order was issued by Keitel from OKW and it had the same distribution as the Directive No. 31 which, as we have soon, went to OKW, OKH, OKL, OKM, and the next copy going to the defendant List, and of course coming to him through his chief of staff to defendant Foertsch.
The next document -
DR. LATERNSER: Your Honors, may I please ask the prosecutor to speak a little slower so that translation mistakes which appear in the documents can be found by me? I would ask him to speak a little slower, please.
THE PRESIDENT: I am certain that Mr. Denney will comply with your request.
MR. DENNEY: Certainly, sir. I am sorry if I have been going too fast.
The next document is NOKW-1148 which we offer as Exhibit 17 and as the document is contained in the document book the pages are reversed. However, it doesn't make any difference in the English. The second letter which appears on page 64 which-
THE PRESIDENT: On what page, please?
MR. DENNEY: On page 64, your Honor, which is from General von Schroeder, General of the Anti-Aircraft Artillery, to the Military Commander in Serbia as of this date enclose the letter which starts on page 63. It is just a matter of the letters having been reversed. There were two separate pages originally and as they mimeographed them, one ran over so I shall read the second letter, the one which appears on page 64, which is dated 22 June 1941 and headed "The Military Commander in Serbia" and signed "von Schroeder" first.
The Military Commander in Serbia Belgrade 22 June 1941 Enclosed you will find a letter from the Chief of my Administrative Staff to the Serbian Minister Commissioner Acimovic.
I have ordered reinforced employment of the Serbian Police and Gendarmerie Agents. They are to be supported in every way. They will turn directly to the agents and/or the troops subordinate to me if danger threatens, i.e., if the local commander of the Serbian police forces no longer believes himself master of the situation.
Moreover if a general employment of the troops should become necessary pertinent orders will be issued by central authority.
There follows the distribution list on the next page and the letter which he encloses is one from the administrative staff, military commander in Serbia. It is addressed to the Minister Commissioner of the Interior, Belgrade 22 June 1941.
On the basis of the latest events of the war I request that the arrest of all leading Communists be carried out immediately, as discussed with you previously, and the Police President of Belgrade be instructed to have the leading Communists of the City of Belgrade which are known to him arrested. These persons are to be interned on the Zigeunerinsel. Later on these as well as other Criminal Elements arrested in the country and Communists are to be transferred to the concentration camp which you have been directed to erect. Simultaneously, you are to see that all Rod Spain fighters are to be arrested this very night.
Furthermore I request that the Police President be given the following directives:
1. The Police are to increase street patrols. As ordered before, the police are to organize the night duty details also.
2. The Police President is to issue tho necessary directives for the special guard of public buildings and other important installations.
In order to facilitate these tasks, I shall see to it that the necessary arms coming from captured materiel be placed at the disposal of the Serbian Police.
Simultaneously, the German troops will be informed of these directives and will be requested to render assistance to the police if necessary.
In conclusion, I should like to direct your special attention to the cities of Nish, Dragujevac, Uzice, Cacak, Rtanj and the Trepca Mines as well as to the mines of Bor.
Report of completion of mission is requested.
For the Military Commander in Serbia The Chief of the Military Staff (signed) Turner Councillor of State It is here again that we see a reference to concentration camps and the arrest of people solely because of the political affiliation that they have, and the dates of this letter are substantially after the time 9 June of the Hitler order and again after the Keitel order direction which is the 15th of June, a week later, and for a week following the time when the defendant List became the armed forces commander for all of the Southeast.
The next document which is NOKW-902 is an extract from the war diary of the Military Commander of Serbia. It is offered as Exhibit 18. I don't think we need to read all of it. Tho entry for 5 July 1941 states that thirteen communists and Jews were shot to death and gives as the reason "in an air raid cellar next to the square, where a big demonstration of German Nationals was to take place, 423 packages of explosives were found.
"On the 17th of July 1941, 16 communists were shot to death in Belgrade. Others were arrested and arms were found.
And over to the 19th of July, 1941. "During the illness of the Commander, Colonel von Kaisenberg was at first to become Deputy Commander; by order of Wehrmacht Commander Southeast, General of the Artillery Bader will take over the affairs of the Commander."
Bader, it is believed, if your Honors please, is dead. Then it continues "During the leave of General Field Marshal List, General of the Air Corps, Felmy, one the defendants, shall be Deputy Wehrmacht Commander Southeast."
These reports are the first of a very extensive number which will be submitted and it is submitted that they indicate the rather casual way that they were accustomed to dealing with the questions of the shootings of Jews and communists. No reasons are given. There is a reason given for the first one but there is no connection which is set forth in the report between the finding of the explosive and the execution other than that the explosives were found and then the people were killed.
In NOKW-1036, which is Exhibit 19, I will put this in at this time and at a later time we will connect it with the retaliatory measures which took place. This original document -- that is, the photostat which we have has the initials of the defendant Foertsch on it. This is a communication to the 12th Army from the 65th Corps; which was commanded by Bader and which was under 12th Army, 65th Corps, at that time was in Yugoslavia. It was receipted for on the 19th of July, 1941, and is addressed to the Supreme Commander Southeast and also the Supreme Commander of the 12th Army. The actual photostat is the photostat of a teletype; however, the teletype is pasted on a blank such as I believe is familiar to your Honors for the use of teletype and it is on the bank where the 12th Army that the pencil or pen written initials of the defendant Foertsch appeared.
Of course it was addressed to his Chief, the defendant List, and the teletype recites; "Automobile of the Commanding Officer of the 724th Infantry Regiment, General Lontschar fired on 20 kilometers South of Valjevo. General uninjured. 1 officer shot in lung." It is from Roman 65 Corps Command Branch," which is 65th Chief Commander. Written below, not as apart of the telegram, there appears, in German "What counter measures?" and then the question below that , again on the blank, not on the teletype print, "Why no hostages in Valjevo?" Then below that, over to the right is the initial F, or rather the signature of the defendant Foertsch. On Your Honors' copy to the left it says 19 September. That is not correct. That should be 19 July.
The next document is No. NO-2942 which is offered as Exhibit 20. This is a report of events by the Chief of the Security Police and the SD in Berlin, dated 19 July 1942 and recites the report from one of their Einsatzgruppe in Yugoslavia which tells of some orders by the military Commander in Serbia. These are given in July, after the time when the defendant List became Armed Forces Commander Southeast and continued his post as Commanding General 12th Army. The first part is of no importance. It has to do with the Political Review in the Reich. Party (b) says, "Other occupied territories: Yugoslavia:
"Einsatzgruppe Belgrade reports:
"The long distance cable in the city area of Belgrade was cut during the night from 16 to 17 July 41, Military Commander Serbia has ordered the shooting to death of a number of leading communists as a reprisal measure.
16 Communist functionaries and Jews were shot to death by the Serbian Gendarmerie."
The report isn't clear whether these were shot separately or whether these were reprisal measures for the alleged cable cutting on 16 and 17 July, In any event, it is clear that here the Chief of the Security police and the SD is reporting that the Military Commander Serbia gave these orders and that the people that they specify is that they be a member of, or a leading communist.
There is nothing to show that they knew who cut the cables, whether they were communists or perhaps some other group doesn't appear. Then we have a report from Einsatzkommando Zagreb reports:
"In the night of July 14, 140 leading Croatian Communists escaped from the Croatian concentration camp Kerestines near Samobor, The inmates had captured the camp commander and threatened to kill him. The Communists escaped to the surrounding woods. One third of the persons who had escaped have been recaptured up to now. The rest is approaching the German-Controller border. Suitable security measures for the arrest of the Communists were taken immediately by the Croatian Security Police.
"A land area of Zagreb has been blocked off by the Ustasha Police. Meanwhile a member of the people who had escaped were caught and shot to death. Probably 70 Communists were shot to death as compared with 6 members of the guard of the concentration cap who were murdered. The Croatian Police intends to arrest an additional 300 communists. The majority of them will be shot to death by the summary court martial procedure as a reprisal measure."
And, it is to be noted that the distribution list on this report from the Security Police SD in Berlin sends a copy to the OKW Operation Staff Lieutenant Colonel Tippelskirch.
The next report is an additional report of the Chief of the Security Police and of the SD, Berlin 20 July 1941, and again we are con cerned with a report on Yugoslavia. This document ties in, if your Honors please, with the document No. 19 which speaks of the General being fired on. Your Honors will recall that that was a report to the High Command by the 65th Corps. Here we see the SD---
THE PRESIDENT: Mr. Denney, pardon me, I do not believe you have identified it by number, have you?
MR. DENNEY: This new one, 2943, Your Honor, will be Exhibit 21. The first teletype is dated 19 July and here a day later we got a report on it out of Berlin and this confirms the idea which was conveyed, in the early report about the Military Commander in Serbia giving orders to the Security Police in the SD under Yugoslavia:
"The German General Lomtscha, Division General of Uzice was fired on by bandits on the road between Uzice and Valjevo on 18 July 41 in the afternoon. The general was not hit, his executive officer was shot in the chest. By order of the Military Commander Serbia an operation was initiated with the task of searching for roving bands in the entire territory. This operation was carried out on 19 July 1941 by two companies of the German municipal Police Corps and the troops stationed in Uzico in cooperation with the Serbian Gendarmeria and the Einsatzgruppe of the Security Police and of the SD. Measures are being taken to confiscate all radio sets from the population. It is further intended to reduce basic rations in order to prevent the population from giving economic assistance to the bands in the forests, Curfew in this area is set for 1900 hours. Persons found on the street after 1900 hours will be shot to death. In addition 10 hostages are seized in each village. These measures will be made known by means of posters in the villages."
Then there is the additional note that the population must feed the German troops, who have been dispatched into these areas, for the duration of the occupation.
And, here again a copy of this document went to the OKW Operation Staff Lieutenant Colonel Tippelskirch. We have the Military Commander in Serbia who was under the defendant List giving an order which calls for the combined action of German police corps and German troops stationed, in Yugoslavia, Serbian Gendarmeria, and Einsatzgruppe of the Security Police of the SD.
DR. LATERNSER: Your Honor, I regret having to intervene again, but at this moment I must point out a translation mistake which has caused this conclusion by the prosecution. I would like to point out that the German original is as follows: "By direction' of the Military Commander" and not as translated,"by order', that is, 'by order', if there is a difference in military language. During the course of the proceedings I have found many more translation mistakes of tho same kind. I shall notify the court accordingly in writing.
THE PRESIDENT: As I have said before, it is quite possible that there will be differences in translation and in connection with this matter the counsel for the defendants will have the opportunity to present their evidence, to call this to the attention of the court, and the court will also keep in mind that there is bound to be some disagreements as to whether or not it is a correct translation. The court will keep these matters in mind.
MR. DENNEY: Whether it says order, or directive, at least it was Military Commander Serbia who started all this commotion and I trust Dr. Laternser and I will be able to work it out.
THE PRESIDENT: For that matter, I believe it might be well for Dr. Laternser and Mr. Denney to make some notation of these matters and then if they have agreed upon it to call it to the attention of tho Tribunal.You may proceed.
MR. DENNEY: I am sure Dr. Laternser will keep notes as he goes along and whenever we can I shall be glad to comply with any suggestion.
Then we have another report from the Chief of the Security Police and of the SD, dated 22 July 1941. This is NO-2944 which we offer as Exhibit 22 and which has more to say about Exhibit 19 which was the original teletype from the 65th Corps to the 12th Army. It continued one story which we had in Exhibit 21. This is Berlin 22, July 1941, two days after the prior report, Exhibit 21 in evidence; with reference to Yugoslavia, it says "In reprisal for the attempted attack on the life of German General Lomscha near Uzice, 52 communists, Jews and families of band members in the villages of Uzice, Valjevo and Cacac were shot to death on 20 July 1941. In addition to the previously reported measures a large scale operation with support of Wehrmacht units is in preparation, in agreement with Military Commander Serbia." And again a copy of this went to OKW Operations Staff.
So, to sum up those documents, on 19 July a teletype goes from the 65th Corps to the 12th Army, and on 20 July they start sending reports out on it from the Security Police and SD in Berlin; and the reprisal measures have already been referred to which were taken. There is nothing to show that the lieutenant who was wounded died. One report says he was shot in the lung and another says he was shot in the chest; and nothing happened to the general, apparently the whole thing was done because a German general was fired on.
The next document is NOKW-1199, which we offer as Prosecution's Exhibit Number 23, and is extracts from the War Diary of the 704th Infantry Division; and the extracts are included between the period 4 April 1941 and December 30, 1941. That is withdrawn -- December 30, 1941. However, the extracts which we have quoted are those commencing in July of 1941, at which time the 704 Infantry Division was a part of the 65th Corps which again was part of the 12th Army, which was commanded by the defendant List. And from the date of the Hitler Order in June - after 15 June, while List was also Armed forces -commander of the Wehrmacht in the Southeast.
On 14 July, I don't think that there is anything there that deserves any particular attention.
It speaks of a conference, discussing the combatting of Communist bands. Then on 15 July they speak of "Secret Field Police Units and asks for 7 already arrested communists to be shot to death in Obrenovace at the dynamited bridge." Then, the comment that the "Radio Station Belgrade announces the shooting of these communists at 1400 hours." There again there is nothing to show here that the Communists had anything to do with the bridge dynamiting.
Then on 20 July, they speak of shooting the reprisals which ties in again with the shooting at the German general, which has been earlier described, with the "Serbian Gendarmerie has shot 52 Communists, 17 of them in Valjevo, in reprisal for the attack on the car of Brigadier General Lontschar, Commanding Officer of the 724th Infantry Regiment on 18 July."
Then the entry of 17 August from Valjevo says "Villages east of Uzice near Gorjani which supplied bands with food stuffs are searched by 5 Jaeger Commandos of the 1st Battalion, 724th Regiment, in a strength of 6 officers, 144 men, and 80 Serbian gendarmes. Two farms in which arms were found were burned down, as well as two farms from which shots were fired. One farm was burned down near the tunnel in which in the preceding night a dynamiting attempt had taken place and in which arms had also been found. Five Serbs who were the owners of the farms have been shot to death."
And then the next speaks of an operation, in the character of captured equipment. This report of 18 August 1941 is of some interest because these units had a typewriter, and had a community seal of a community and had two camp newspapers and a camp library, and it is submitted that roving bands of a few people who have no organization would not have that equipment.
Then over on the entry of 25 September 1941, Shillin, Valjevo, they speak of burning 71 farms in which arms and ammunition had been found.
And further down, on 26 September, they speak of 120 farms burned down by the 125th Infantry Regiment, and that is all there is to the project. There is nothing to show what they had done, whether they had found any ammunition in them, whether the owners were the ones who had offended, whether they were Communists -- just a comment 120 farms burned down.
The next document is NOKW-1091, which is offered as prosecution Exhibit Number 24.
THE PRESIDENT: Mr. Denney, perhaps this would be a good time to have our afternoon recess.
MR. DENNEY: Yes.
THE PRESIDENT: The Court will be in recess for fifteen minutes.
(A recess was taken)
THE MARSHAL: The Tribunal is again in sessions.
MR. DENNEY: If Your Honors please, the document to which reference was made just before the recess, was NOKW 1091, which has been assigned the Exhibit No, 24.
This is an excerpt from a 3 page report dated: "Belgrade 22 July 1941", which has to do with "Unrest and attacks in the area of the Command", and there follows a list of people who have been shot to death up to now, with the dates and places:
On 5 July in Belgrade 13 6 July Borcana 2 9 July 1 10 July 1 15 July Obrenovac 10 17 July Belgrade 16 (Handwritten) 18 July Sepci 1_4 (Handwritten) 20 July Valjevo 17 Cacak 12 Uzice 22 Palanka 16 111 (Handwritten) (illeg.)
Captain The total is handwritten and there is a signature which is illegible.
DR. LATERNSER: Mr. President, I have just looked at the photostat of this document, of which only a part is in the document book in the English language. If the prosecution had taken the first two pages into this document book, of course, he could see on the strength of it, why the shootings took place. We would have to do that now, because only a partial quotation of this document will give a false picture. It is not possible, that only the result is cited, if in the same document, the cause of this can be found.
MR. DENNEY: If your Honor please, they can offer such additional parts of the document as they wish when they got to their case in chief.
The good faith of the prosecution in the matter is shown by the fact that we gave then all three pages of it. We are not trying to conceal anything.
THE PRESIDENT: As the Tribunal has previously stated, the defense counsel will have opportunity to show any further parts of these documents that they may wish to show in their case in chief. If they feel that some part of this document has not been shown here, which should be shown, they can do so in their case in chief.
MR. DENNEY: That becomes, Major Hatfield, I believe, Exhibit 24. The next document is C-52, which is offered as Exhibit 25.
DR. LATERNSER: Mr. President, the order of this document OKW-52 I will protest against this for the following reason. This order was never valid for the southeast to which this trial refers -- that this order was only intended for the Russian front is shown by its content, expecially from No. 6, which is only contained in the English Document Book and which especially stresses that this order is only intended for security measures in the conquered Eastern territories. I know exactly that this order was present in the first trial before the International Military Tribunal as merely valid for the Eastern front. That it was only for the Eastern front is clear from the distribution marks, In the distribution no official date is mentioned -- just station -- at that time in the Southeast. I see no connection with the Prosecution document which refers to the Southeast area. This document will, therefore have to be revoked.
MR. DENNEY: If Your Honor please, first this document is not only applied to the East. There is also, as Dr. Laternser cam see on it the Army High Command Norway. You will note that Dr. Laternser contends that this is in the East. Second, on of his clients, the Defendant Weichs was in Russia at the time that this order came out --.23 July 1941 -- as Commanding General of the 2nd Army, which was part of the Army Group under Field Marshal von Wach, and it is offered to show what was urged at that time by the High Command of the German Army.
And I submit that it is relative for that purpose.
DR. LATERNSER: I cannot be convinced by this because the distribution mentions AOK Norway, and that is right, and I still maintain that that is valid for only the Eastern area because AOK Norway had one part, the northern part. From the contents of this order it is quite clear that it was only valid for the Eastern front, and not for the Southeastern front. For that reason it would have to be rejected.
MR. DENNEY: In addition, there is a later order in which the Defendant List refers to language which is used in this order. It is certainly submitted that it's admissible now as against the Defendant Weichs because he was on the Western front at the time, subject to being introduced later against Defendant List by future documents.
DR. LATERNSER: The case would be valid for Weichs if, in fact, from the distribution it became clear that this order reached the corps led by Weichs. That is, however, not the case. I mean it isn't admissible that orders valid for one front alone could be introduced into this trial which is mainly concerned with the Southeastern front.
MR. DENNEY: If Your Honor please, with reference to the trial, the general charge of the indictment is the Southeast, but we are not limited to it. In the third Count, which specifically has to do with the Commander's Commissar orders and the copy of tho Kommando order, of the two copies of the Commissar order which we have introduced one is from OKW to OKH, and the other is from OKH again, only to the armies in the East.
And we may at a later time be able to produce the Commissar order to the Southeast. As yet we have not done it.
DR. LATERNSER: I think, Mr. President, that the Prosecution should confine itself to the framework which it has set for itself in the indictment. We cannot allow that we now jumpt to another front because in that direction the defense did not prepare itself in any way whatsoever. Nothing has been mentioned in the indictment that things which appeared in the East could be dealt with here. Therefore, I ask that this order be rejected. If it is not rejected, then, in fact, the Prosecution could use every order which is valid in any front during the war.
MR. DENNEY: Of course, we don't claim to use every order which was valid on any front, but we submit that this is relevant because it applies to the theatre in which the Defendant Weichs was engaged at the time, and also because of the later List reference to language which is contained in this order. And Count 3 of the indictment, the first part, has to do with such illegal orders directed in this order that members of enemy troups should be summarily executed. The restriction also concern Greece, Yugoslavia etc. Further, this same order having gone to the Norweigian Command may well have been, in effect, at the time that the Defendant Rendulic was put over that area prior to the evacuation of Finnmark.
JUDGE CARTER: Mr. Denney, I notice that this is a supplement to Order No. 33. Do you know where Order No. 33 was sent? That isn't in the record?
MR. DENNEY: No sir, No. 31 is the last one that we put in with its supplement.