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.
THE PRESIDENT: It is apparent to the Tribunal that this particular document, even though it may be of a general nature, is indicative of a general plan, although we're restricted and will restrict ourselves to that which pertains to particular individuals and particular actions, yet we feel that it does not indicate a plan and a course of action which at least bears out that fact. For that reason the objection will be over-ruled.
MR. DENNEY: This order is dated the Fuhrer Headquarters, 23 July 1941, the Chief of the High Command of the Armed Forces, Top Secret, by officer only. The parts with which we are concerned particularly show that it is a supplement to Order No. 33.
MR. DENNEY: "On 22 July, the Fuhrer, after receiving the Commander of the Army (who at that time was Field Marshal von Brauchitsch), issued the following order with a view to supplementing and enlarging Order No. 33." We will find it on page 62 in the German text, paragraph 6, provides "In view of the vast.
..."
EXTRACT TRANSLATION OF DOCUMENT C-52 OFFICE OF U.S. CHIEF OF COUNSEL Top Secret By Officer only.
Führer Hq, 23 July 1941 Chief, High Command of the Armed Forces No. 441254/41, Top Secret, by officer only Armed Forces Operational Staff/Dept.
L (1 Op) (Note:
Several hand-written routing notations and rubber stamp) Supplement to order no.
33.
1 to 5: (strategic measures) 6. In view of the vast size of the occupied areas in the East, the forces available for establishing security in these areas will be sufficient only if all resistance is punished not by legal prosecution of the guilty, but by the spreading of such terror by the occupying forces as is alone appropriate to eradicate every inclination to resist among the population.
The respective Commanders, with the troops available to them are to be held responsible for maintaining peace within the regions where security is their responsibility (Sicherungsräums), not by demanding more security forces, but by applying suitable, draconian measures.
(Signed) Keitel Distribution:
CERTIFICATE OF TRANSLATION OF DOCUMENT NO. C-52 24 November 1945.
I, PAUL W. FREEDMAN, S/Sgt. 33799122, hereby certify that I am thoroughly conversant with the English and German languages and that the above is a correct and true translation of Document No. C-52. EXTRACT.
PAUL W. FREEDMAN, S/Sgt. 33799122.
MR. DENNEY: Of course, it was necessary -- and the order is signed Keitel -- of course it was necessary that an order like this come out at this time because in July 1941 the German forces were considerably spread out. They had a tremendous Eastern front. They were occupying the Southeast countries, about which we have heard much. They were occupying Holland, Belgium, Denmark, Norway, and France.
DR. LATERNSER: Mr. President, I regret to have to speak here again in this matter, and here I refer to a usage which was customary before the International Military Tribunal in cases where it could not be looked upon as just that the Prosecution's referring to only part of the document, and when this part is referred to it will have to be followed by an incorrect conclusion. The Court ordered that the whole document would have to be submitted. I refer to this usage and apply that the Prosecution, which so far in its Document Book only gives one figure of the order which contains six figures. I apply to this Prosecution add the other five figures and that they read them during these proceedings. It cannot be right merely by referring to one figure. The facts of the case which are to be proved by this document are shown in another light. It will be shown from the first five figures that this order was meant in a completely different sense than the Prosecution has just read, and it will be shown by reading the other figures. That's what I have to say in this connection, and it is conformity with facts.
MR. DENNEY: If Your Honor pleases, this is exactly the way the exhibit was introduced in the International Military Tribunal and to my knowledge it has always been available to counsel for the defendant to offer such other parts as they want. If we translated every part of every document, that is just a practical impossibility. We do give them the complete copies. They have had them. That is a very old document. Dr. Laternser has seen this before because it is a "C" document.
THE PRESIDENT: May I make this statement. The tribunal has been advised that the translation department is being burdened with a great deal of work and that due to the fact that six courts are now being operated, they have just about reached their capacity in handling the volume of translations that are presented to them. I am expressing the thought of all the members of the tribunal, I believe, when I state that if Dr. Laternser and his associate counsel wish to call to the attention of this tribunal at this time any matters of importance which are not shown by the English translation and which they feel are material to a fair and proper presentation, this tribunal will not have any objections to their doing so and I take it that the prosecution would not object.
MR. DENNEY: No, your Honor. I don't object at all.
THE PRESIDENT: Now if there are any matters concerning this particular document which the defense counsel wish now to present to the tribunal, they may do so through the interpreters.
DR. LATERNSER: I thank you, Mr. President, for the opportunity which you have given me. I will be quite brief. I will only say that the first figure of this order refers to the Southeastern part of the Russian front. Figure two refers to the center sector of the Russian front, and part three refers to the Northeastern sector of the Russian front. The figures 4 and 5 - figure 4 contains the announcement that the high command of the army will have to reckon in the further course of events, that Troops will have to be withdrawn from parts of the Russian fronts.
Figure 5 refers to the activity of the navy and the air force, also with respect to the north and the transfer of military aircraft, the Finnish area and the area around Smolensk, and then figure 6 begins, which the prosecution has submitted here, and that is my conclusion that this order was valid for the cast and should therefore have been rejected is in conformity with this order.
THE PRESIDENT: The Tribunal will adhere to its former ruling. Counsel for defendants will keep in mind the statements which this tribunal made in its prior ruling, that it is to be considered for what it shows as possibly indicating a general plan and is accepted for that purpose in so far as the conclusions of the courts are reaching in ruling upon this matter. You may proceed.
MR. DENNEY: Thank you, your Honor. The next document is No. NO2952, which is offered as Exhibit 26 and these are extracts from a report of the Chief of the security police and the SD in Berlin, and there will be a later tie-in with reference to one of the instance here to army reports.
Under the heading of Yugoslavia.
The Chief of the Einsatzgruppe of the Security Police and the SD in Belgrade reports.
On 25 July 1941 at 1520 hours in Belgrade an unidentified Jew wearing the yellow brassard threw a bottle of gasoline at a German motor vehicle in an attempt to set fire to the automobile. He was prevented from doing so and escaped. On the same day three more incidents, unidentified culprits threw bottles of gasoline at German motor vehicles. In an identical incident a sixteen-year old Serbian girl was arrested. She admitted that she was incited to the deed by a Jew. In reprisal 100 Jews were shot to death in Belgrade on 29 July 1941.
On 26 July 1941 the Wehrmacht Liaison Office reported that a Communist plot to bomb radio broadcasting station Makisch was planned for the evening of the same day.
On the basis of this report, members of the Linsatzkommando Belgrade were able to arrest the culprit while he was transferring the bomb. The bomb weighs about 3½ kilograms and was to be filled with Ecracite. The plotter had received a 6.35 pistol and a pineapple hand grenade for his defense. The main culprit who was established by this arrest, committed suicide.
In addition three Jewesses in whose house the instigator of this attack resided were arrested. The prevented attack aimed at the blasting of radio broadcasting station Makisch. If the demolition of the broadcasting station had been successful, the Ministry of the Interior was to be blasted. After this demolition it was intended to blow up the airplane plant in Rakobica with all its workmen.
And then there is a recital about the band printing money and attacks on motor pools and the destruction of trucks of the German forces. Then over on the entry of 29 July, "On 29 July 41 at 0500 hours 100 Jews and 22 communists will be shot to death in Belgrade. On the same day 200 communists from the Banat who were arrested previously will be shot to death in Gross-Betschkererk. The population will be informed by the press and the radio of the executions. They will be requested to cooperate actively in combatting the Communist movement in order to prevent any further bloodshed.
And then they recite that a piece of rail had been removed and a blasting and another railroad bridge having been blown. Then follows the distribution list with again the OKW getting a copy. It is not clear for what reason the 100 Jews and 22 communists were shot in Belgrade, or why the 200 communists in Banat who had been previously arrested were to be shot. It is clear that they were going to publicize it amply and the prior entry with reference to the motor pool apparently refers to the 26th or the 27th of July, the recitation being that the activity took place on the 27th and the note being under the date of the 26th. At a later time, we can show how these same instances were reported by the Wehrmacht.
The next document is NOKW-1100, which is a communication from the Wehrmacht Commander Southeast to the Commander in Serbia. It will be Exhibit No. 27.
"To Commander Serbia--S e c r e t. OKW deems it requisite that death sentences for sabotage be carried out by hanging and in addition that all other means of intimidation which are customary with the residents of the country be employed." It is signed "Wehrmacht Commander Southeast."and is dated 29 July 1941.
It is submitted that the language used there is at least suggestive of the language of the Higher Keitel order.
The next document 1128 is offered as Exhibit 28. This is from the Commander of Serbia to the Wehrmacht Commander Southeast and refers to an order of 2 August 1941. At this time, the defendant List was still commander Southeast and the defendant Foertsch was his chief of staff. The order apparently had to do with counter measures, based on the contents of this teletype. It is dated 2 August 1941 and states:
Up to the 22.6.1941 the situation in Serbia, apart from smaller band activities, which did not effect the German Wehrmacht, has been quiet. Since then troubles have occurred in various places.
Thus far - countermeasure have consisted essentially of surprise police operatives of the SD and of the Reserve Police Battalion 64 with Serbian Police men. Troops have been employed only occasionally as single units which are readily mobile to follow against bands which move easily.
As of 22.6.1941 razzias have been carried out against Communists in co-operation with the Serbian Police and Gendarmerie, whereby a great number of Communist functionaries were gradually arrested.
Approximately 412 Communist functionaries were shot.
Commander Serbia Command Staff / Ia 2.8.41 238/41 secret And bears a note on the bottom which is illegible.
The next document NOKW-968 is offered as Exhibit 29. This contains reports from various administrative and sub-area headquarters in teletype to Wehrmacht Commander Southeast, reports from the SD in Belgrade and on the daily reports to the Wehrmacht Commander Southeast.
1) Lt. Neesen of the 7th Company of the 146th Artillery Regiment shot to death while collecting weapons.
2) According to reliable reports about 3000 irregular Serbian soldiers are still in the area Pokuplje Bojnik (North of Levane) Kursumnija, among them Major of the Reserve Krista Mihailowitsch. Yugoslav officers also describe the last named as a very ruthless and consequently dangerous person. He does not hesitate to shoot down all those resisting his orders and plans. Major M. has appropriated the Army Motor Vehicle DKW Opel Olympia Ia 1542 (Engine No. 397024) as booty of war which had been taken during temporary capture of wounded first Lt. Kleffel by Yugoslav soldiers. However, in addition to this, private property of 1st Lt. Kleffel (black suitacase, yellow brief case with identification and key, gray laundry bag with contents and Zeiss-Glasses, Silvermar and other things). Headquarters in respect to this refers to the report of the 11th Corps on 17 April 1941.
3) During the night from 23 to 24 April 1941, a Serbian band attacked the volksdeutschen officials of the Gold and Silver Mines Leci in Leci (North Medavedja) which belonged to the Hermann Goering Works with machine gun fire and hand grenades. Though lasting several hours, the attack was unsuccessful. A.G. Leci can no longer be reached by motor vehicle. At the request of the OK I/866 (1st Battalion of the 866th Regiment), the divisions of the Divisional Supply Commander of the 294th Infantry Division have gone to Leci today in order to provide to the security of the management on the spot.
Then, there is teletype to the Wehrmacht Commander Southeast, also commander of the 12th Army, "In connection with the finding of explosives reported previously, 10 communists and 3 Jews were shot to death today."
That is dated 5 July 1941.
Then there is an entry 20 July 1941, "a leave train fired upon. While patrolling three armed franc-tireurs shot to death, 11 arrested, Further investigations......"
There is a note containing the number shot to death, Valjevo, Cacak, Uzice, Palanka, respectively 17, 12, 22, 16, a total of 67.
Then the next note on 21 July 1941, "Administrative Sub-Area Headquarters 610, Pancevo, reports on the day before Sunday while executing an operation, the 714th Infantry Division killed two Communists, Southwest of Palanka and captured 16 Communists who were also shot to death subsequently......"
"The Chief of Einsatzgruppe of the Security Police and SD reports on 30 July 1941. According to a report which has been submitted a blasting plot has been executed by unknown culprits on the garage Zuhumska 26 - owner (Codomir Nedeljskovic) and 22 July 1941.
They recite: "The fuse found by the Serbian Police permits the assumption that the attack was carried out with an egg-type grenade...."
"Administrative Sub-Area Headquarters 610, reports by telephone: Leading Communists were shot to death by the local police in the presence of the SD in reprisal for the arson committed."
DR. LATERNSER: Mr. President, I have just looked at the photostat copy which has been given to me in order to judge what kind of document is in question here. I have established the following facts; First, the document has no heading; it cannot be found who wrote it; secondly, the document bears no date; thirdly, it bears no signature. It is just sheets written on the typewriter. It is also interesting, page 1 is not numbered. Page 2 is not called page 2 but page 12. The next page is page 48 and the next is page 49a, the next 57a, the next is called 61, and the next page, for a change, carries no number at all. The last two pages are marked 68 and 73 respectively. Mr. President, in my opinion, the foundation of such evidence is not permanent.