Official Transcript of the American Military Tribunal in the matter of the United States of America against Wilhelm List et al. defendants, sitting at Nurnberg, Germany, on 29 July 1947 0930-1630, Justice Edward F. Carter presiding.
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the Court.
THE PRESIDENT: Marshal, will you ascertain that all defendants are present in the Courtroom?
THE MARSHAL: May it please Your Honors, all defendants are present in the Courtroom with the exception of defendant Maximilian von Weichs. His expected length of absence is two days.
THE PRESIDENT: Is the defendant von Weichs represented by counsel?
DR. LATERNSER: Yes.
THE PRESIDENT: You are representing him, Dr. Laternser? We shall proceed without deference to the defendant.
Judge Edward Carter will preside during this day's session.
PRESIDING JUDGE CARTER: You may proceed.
MR. DENNEY: If it please Your Honors, the index -- rather the supplement to Document Book IX, which will be marked Exhibit 242-A for identification, contains two pages -- 181-A and -B. Three copies for the Court, 24 copies for defense counsel, one for the reporters, the interpreters, and two copies for Major Hatfield.
At the conclusion of yesterday's session -
PRESIDING JUDGE CARTER: Mr. Denney, would you give us the Exhibit number and paging of this again, please?
MR. DENNEY: It is 242-A for identification and is to be inserted at the end of Book IX and it is pages 181-A and -B of Book IX and in the German text -- Dr. Laternser, perhaps you can tell me the last page.
DR. LATERNSER: 172.
MR. DENNEY: It will be 173-A and -B in the German.
We are still in the period from August 1942 to August 1943 concerning the time when the defendant Foertsch was Chief of Staff to the Armed Forces Commander Southeast and which post was also 12th Army until 1 January 1943 when it became Army Group E and the defendant Geitner was Chief of Staff of the Commanding General in Serbia.
At page 44 of the German and page 54 of the English, Document NOKW-340, it is offered as Prosecution Exhibit 276 in evidence. This is an order dated 30 May 1943 from the Commanding General and Commander in Serbia to Administrative Sub-Area. Headquarters, having to do with reprisal measures. The subject is reprisal measures.
The communication states:
In reprisal for
1.) Shooting at the SF train Sofia-Nisch on 18.5.43 -- the copies which Your Honors have say 1942, but in the original it is 1943 --which caused the death of 3 and the wounding of 2 Bulgarian soldiers, a total of 200 Communist hostages.
2.) The murder of a member of the RSK during the attack on the district jail in Negotin on 22.5.43 50 D.M. (Draja Mikailovic) hostages are to be shot to death.
Since a sufficient number of hostages are not available within the area of Administrative Sub-Area HQs Nisch the reprisal measures were carried out by the Commander of the Security Police in Belgrade. Details are to be regulated directly with the commander of the Security Police again (Sturmbannfuehrer Sattler).
The carrying out (of the measure) is to be reported here enclosing a copy of the publication.
And then typed "Signed Commanding General and Commander in Serbia" and the larger initial "B" at the bottom. And information copies went to the Commander of the Security Police, attention Sturmbann fuehrer Sattler, who is the one who is mentioned in the communication who is going to regulate the details for the furnishing of the hostages and also to the German Liaison Officer with the 1st Royal Bulgarian Occupation Corps.
Then turning to page 45 in the German and 55 in the English, still on the same document, this is again from the Commanding General and Commander in Serbia and is dated 29 May 1943, reprisal measures, and there is a reference to 652/43 which is page 101 in Book X and the specific page to which it refers there - there are two of them in here; one is page 103 of Book X and the other one is page 105, and that, if Your Honors recall, is the exhibit which Mr. Fenstermacher put in yesterday with reference to the Bader order for the procedure to be followed in reprisal retaliation measures in his command. The exhibit in Book X to which reference has been made is Exhibit 263 in evidence. Subject: reprisal measures.
"In the future, persons to be arrested as hostages are to be taken, to a larger extent, in accordance with paragraph III/6 of the pertinent order", and that, if Your Honors please, is the paragraph which appears on page 105 and just to recall Your Honors' attention to that, paragraph 6 of the basic communication under III, reading now from Exhibit 263 in evidence, states: "In the event that special actions for the procuring of hostages should be necessary, suspected persons shown in the reviewed lists of the Serbian District Supervisor are to be taken first. The Commander of the District Headquarters with the concurrence of the Commanding General and Commander of Ia Section will order such operations."
Collective punishment will be used more frequently..." We are now returning to the exhibit at hand, No. 276, "Collective punishment will be used more frequently according to paragraph II/3..." That again refers to the original communication from Bader on this subject. Exhibit 263 in evidence. ".... in cases requiring reprisals according to the pertinent order but which are of lesser importance.
3.) It does not fulfill the requirements of speedy reprisal if the carrying out of reprisal measures is delayed for weeks owing to lack of hostages. In case a sufficient number of hostages are not available in the area of the Administrative Sub-Area HQs., application is to be made for the central execution of reprisal measures by the commander of the Security Police, at the same time as the application for reprisal measures. This application again referring to the commander of the Security Police, is to he made at the latest when the execution cannot be carried cut within one week after issuance of the reprisal order.
But under no circumstances should the central execution by the commander of the Security Police become a habit, since only reprisal measures carried out within the area of the scene of the incident have shown themselves to be effective.
4.) In order to counteract the view which has appeared suddenly amongst the population that reprisal measures are only published on posters and are not carried out, the entire number ordered (to be shot) is to be publicly shot to death from time to time. If executions take place in different villages, the places of execution are also to be published."
And the distribution goes to all Administrative Sub-Area Headquarters, the Commander of the Security Police, and a copy to the War Diary.
Turning then to page 46 in the German and 57 in the English, Document NOKW-1084 is offered as Exhibit 277 in evidence. This entire exhibit is typed. There is no writing that appears on it. There is a date May 1943 which appears on the origin al. It has been omitted from the German text.
This is an Instructional Pamphlet for German Soldiers who were committed in Montenegro.
German soldier, you who are fighting on the soil of Bosnia, Herzegovina, and now also in Montenegro, you must know:
Nowhere in Europe is there as marked a contrast in peoples and religions as in this area. Nowhere do the differing interests clash so abruptly as they do here. This demands from you an open mind and the ability to adjust yourself to the actual mentality of the population. We want to handle with determination those who at heart are our enemies thought they may camouflage themselves outwardly to be otherwise. But we don't want to hurt unnecessarily those who perhaps will yet find their was to us and make them out enemies.
With whom then are we concerned in Montenegro?
1.) First, there are the "Whites" ("Bijelasi") or "Cetniks". These are Montenegro nationals with pro-Serbian nationalistic feelings, who consider themselves a Serbian race and who favor a union of Montenegro with Serbia. They are opponents of the Communists, and therefore have allowed themselves to be set up and armed by the Italians for the most part as "National Militia" in order to fight the Communists.
They have also taken over the administration of the country to a great extent. But their real aim is to fight the Axis powers under their leader Draja Mihajlovic, the Minister of War of the Jugoslav Exile Government in London. They hope for a landing of the British and are preparing to have all their strength mobilized against us for that moment. Therefore they are our enemies. They wear partly civilian clothing, and partly Serbian or Italian uniforms. They wear the Serbian eagle either on the Serbian army cap of other black cap. Their leader in Montenegro is a follower of Mihajlovic, General Djukanovic.
2.) The "Greens" ("Zelenasi") or "Autonomists" have Montenegronationalistic feelings. They regard the Montenegro people as an independent people and strive for an independent Montenegro with the old Montenegro Royal Dynasty.
They are the strongest political group in Montenegro but are suppressed by the Whites. Therefore, their political leader Dr. Drljevic lives in Croatia. Although they fight conjointly with the Whites against the Communists, by their political convictions they are opponents of the Whites. However, they are well-disposed towards us because they hope for support from us in the carrying out of their aims. Their clothing corresponds essentially to that of the Whites, but instead of the Serbian eagle they wear a cockade with a white center and a red border on their cap.
3.) As everywhere, the Communists are our Number One Enemy. They deny being Communists and call themselves "The People's National Army of Liberation", but the Soviet Star with hammer and sickle distinguishes them sufficiently and proves what in the long run the aims of their leaders are. As far as they originate from the country, they are chiefly composed of exceedingly poor mountain prolectariat. The Communists are fought by the "Whites" and the "Greens".
4.) The Moslems pursue no political aims of their own. However, the Serbian Nationalists regard them as an obstacle for the union of Montenegro with Serbia and they are therefore exposed to a very fierce and bloody persecution by the Cetniks. Since so far only the Communists have offered them protection against the transgressions of the Cetniks, they have joined the Communists in many cases. But this happens primarily because of the urge for self-preservation and is no proof of the Communist Sympathies of these Moslems. Others again entered the Cetnik ranks because of pressure applied by the Cetniks in order to protect themselves in this manner. The main area of Moslem settlements is the Sandzak; and while the Serbianspeaking Moslems are found in the Western art, the Eastern part is inhabited by the Arnauts who speak Albanian (Racial Albanians). The religious customs and usages of the Moslems are to be respected unconditionally (more details about this in the following extracts from the principles of conduct for the behavior of Europeans in Mohammedan countries.
5.) The Croats are so few in number, that they do not play any special role. Transgressions by undisciplined Ustascha units have caused ill-feelings in wide circles of the population. The German Army has nothing to do with this and will take care that such transgressions are not repeated.
Distribution:
To company level, according to special distribution list.
Then at page 60 in the English and page 48 in the German, NOKW 863, which becomes Exhibit 278 in evidence. This is an Order from the Commander of the German Troops in Croatia to a Combat Group, which is art of the First Mountain Division. It is dated 20 May 1943, and the stamp of receipt for the First Mountain Division is dated the 23rd, and appears in the upper right hand corner.
To Combat Group v. Ludwiger 1. Mountain Division for information:
369 (Croatian) Infantry Div.
(simultaneously for information Div. Taurinense) and also to the Commanding General and Commander in Serbia.
1.) ............
1 to 1-1/2 Divisions (about 3,000 communists) in front of Combat Group Ludwiger. Obviously they have been given at this time a defensive mission, presumably they are to secure the flank for the south movement.
2.) ........
Regiment Brandenburg will again be subordinate to the 1. Mountain Division beginning 25.5. 1200 hours.
..........
10.) ........
Unless annihilated in combat, Communists are to be treated as prisoners (not prisoners of war). Chetniks who clearly have not fought against us are to be disarmed and to be treated as prisoners of war.
All other Chetniks are to be treated like communists. As a matter of principle, all Chetniks found are to be disarmed and to be arrested."
And it is signed, "Luters." Then they submit two enclosures for the Combat Group v. Ludwiger:
Enclosure 1 to 1 Mountain Div./Ia Special Directives for the Operational Order The entire population capable of bearing arms in the area of the Division is to be considered and to be treated as communists.
Whoever is in possession of arms is to be shot; people capable of bearing arms without weapons are to be arrested and to be deported. All houses occupied by communists are to be destroyed.
For the Division Hqs.
The First General Staff Officer (illegible signature) Lieut.
Col. G.S.C.
And then follows a copy of a teletype message of 10 June again to the First Mountain Division, and again from the Commander of the German Troops, Croatia.
To 1 Mountain Div.
Strong enemy forces pressed together in narrowest area in Sutjeska-Piva. It is determined beyond doubt that Tito is among them. The last phase of the combat, the hour of the final annihilation of the Tito Army has thus arrived.
The attention of the unit is to be called sharply again to the order: "No man capable of bearing arms leaves the pocket alive. Women are to be checked as to whether they are not men in women's clothing."
Tito and accompanying personal said to be wearing German uniforms. Check pay books.
Commander of the German troops in Croatia.
Certified true copy: (signature illegible) Master Sergeant And the order number, certified a true copy, and an illegible signature of a Master Sergeant.
Then on page 50 of the German, page 63 of the English NOKW 975, which is offered as Prosecution Exhibit 279 in evidence. This again is all typed. These are reports from the First Mountain Division to the Commander of the German Troops in Croatia. Informational copies to the Commander General and Commander in Serbia. Daily report for 11 June:
"The Communists Lost:
498 Prisoners 640 counted dead.
In many cases people who died of typhoid fever were found in villages. Villages put on fire; counting not possible because of danger of infection...
1 Mountain Division - 1A" Report for the 15th:
Communists:
831 counted dead In villages many people dead of typhoid fever who could not be counted because of danger of infection.
According to statements of prisoners considerable enemy losses. There was success in evacuating the mass of those wounded.
Approximately 20 enemy graves were established. It is assumed that a larger number is in remote gorges; can not be found.
No reports can be made concerning enemy losses during withdrawal to hills West of the Piva River; However they may be assumed to be considerable.
Prisoners: 498 of which 411 were shot to death.
Own Losses:
Killed in Action: Total 43: 1 Officer 3 Non-Commissioned Officers 39 Men Wounded:
Total 195: 6 Officers 18 Non-Commissioned Officers 171 Men Missing:
2 Men And then there is a handwritten note over to the left about loss of horses, which I don't think we need to read.
It appears there.
And then:
Chetniks:
1.) During disarmament of Chetniks we made: 3,200 Prisoners No dead.
2.) Material secured: 5 Heavy trench mortars 25 Machine guns about 3000 rifles numerous rounds of Artillery, French Mortar, Infantry Ammunition.
3.) No losses of cur own.
III.) Deported:
1.) Communist: 76 of which 27 were sent to lead mines in Zvecan 49 on 3 June to District Headquarters Mitrovica Still under the heading of "Deported" -- this is Entry No. III under that:
2.) Chetniks: 34 Officers 1,538 Men The difference as compared with II.
is explained as follows: 800 Chetniks in the Trager Battalion, evacuation of sick, exhausted, men above 60 and below 16, deaths due to exhaustion, etc.
3.) 213 civilian suspects capable of bearing arms from the area of operations."
And again Arabic III is an entry under which has to do with deportations: "Liberated were:
5 Italian Officers 366 Italian Officers and men 3 Croatian - one of which was an Officer and one an officer candidate.
1 Mountain Division / Ic" I would just like in passing to direct the Court's attention to the fact of the substantial number of men who were liberated there - over 350.
Then passing to page 67 of the English and page 52 of the German, NOKW 1636 becomes Exhibit 280 in evidence. This is a communication from OKH General Staff from the Foreign Armies East section, and has to do with designation of band formations. It is dated 13 June 1943, and the copy which we have was received is by the Army General Staff Operation Section.
"Subject: Designation of Band Formations."
DR. LATERNSER: Mr. President, may I first see this document before you read it?
Mr. President, I object to the introduction of this document. You can see very clearly from its contents that it only refers to the Eastern theater of operations. If the Prosecution claims that this order or this directive also was distributed in the Southeast, it must prove this and its distribution is not listed on this document.
MR. DENNEY: Then, if Your Honor pleases, we can't specify that we will get a distribution list on a document when it comes out. This document is signed by Zeitzler, at that time the Chief of the General Staff of OKH, and it's submitted that it will be later tied up.
DR. LATERNSER: Mr. President, may I answer to this? If this document would be accepted, then the Prosecution could introduce any other document, too, which was distributed any time for any other theater of operation.
MR. DENNEY: If Your Honors please, all we have is Dr. Laternser's word. These are -- I certainly don't doubt that he is making a statement in good faith but every time we get a document that has a signature on it that doesn't have a distribution list and comes from OKH, such as the Commando Order and this one and the Commissar Order, he just comes up and says that didn't go down there.
We submit we can tie these things in at a later time and Dr. Laternser is, with all due respect to him, not the German General Staff. This is a matter that is being inquired into and we submit that this is relevant.
PRESIDING JUDGE CARTER: The objection will be overruled.
MR. DENNEY: This is "Designation of Band Formations", and I should like to pass this up to Your Honors so that you can see the original.
The signature of Zeitzler appears there and the second page, in particular, is important. I don't presume to lecture Your Honors on military signs and symbols but, as you will see there, they are now working out military signs and symbols to be used on operation maps which would be kept at the various headquarters in order to show the enemy's troop dispositions, the size of the units opposed to the Germans, and these are what might be called conventional signs and symbols as used by all armies on situation and operation and intelligence maps.
Page 1 states: "In the future in designating band units the German military concepts (Brigade, Regiment, etc.) and German Tactical Symbols are no longer to be used.
"Bands in general, will be designated by differentiating between small bands (10 - 100 men), medium-sized bands (100- 400) and large bands (above 400 men) with indication of strength), inasmuch as the organization of the bands in question is unknown. Bands, the organization and composition of which has been established will be designated by the Registered Number assigned to them (for instance, band F 304).
In files kept on them on organization charts, and on situation maps, the Russian names - only inasmuch as it is necessary - without their German equivalent, and the military symbols indicated in the enclosure, are to be used."
And then there is a handwritten initial -- "By order" signed "Zeitzler."
And then on the next page they have the various examples of new designations, the map symbols and the explanations; and it is to be noted that they go from a single bandit all the way up to a brigade and, as you -- and then they have several brigades and a large number of uniformly led brigades, and it is submitted that the brigade is the unit in troop structure which is between the regiment and the division.
Turning then to page 54 of the English and 69 of the German -
DR. LATERNSER: Mr. President, as defense counsel I consider it important that the designations listed here are read and from them one can see clearly that this order was valid only for the Russian theater of operation. All designations refer regimental names, divisional names, which doubtless refer to the Russian theater of operation.
Only if this second page is also read, then the Court has the corr correct impression of this document.
MR. DENNEY: If Your Honors please, on the original we read in files kept on them, on organizational charts and situation charts the Russian names; and, if Dr. Laternser wants me to read it, too, the rest of them, I will be glad to do it. Judge: I (don't think there is any necessity for reading it; unless it is tied in, it will have to be ignored anyhow.
Page 54 of the German and 69 of the English, Document NOKW-1342, which is a teletype order from the OKH to the Commander in Chief Southeast with reference to the designation and size of bands, signed by Warlimont. This, it is submitted, ties in with this prior exhibit. This is dated 20 June 1943 and stamped for the "Commander in Chief Southeast (Army Group E)." The receipt stamp is there and its receipt is for "20 June 1943"; and the directive, although it's somewhat long, I think should be read for the purpose of connecting the document. It is to the Commander-in-Chief Southeast and we have here the teletype copy:
"Same text to: Army General Staff -- Commander-in-Chief of Luftwaffe Operational Staff -- Commander-in-Chief Southeast -- the Wehrmacht Commander Ukraine -- Wehrmacht Commander Ostland", which is Austria, "20th Mountain Army. For information to the Commander in-Chief South. For information to the Commander-in-Chief West.
For information to the Wehrmacht Commander Norway. For information: Commander of German Troops in Denmark. For information: Reich Fuehrer SS Command Staff" -- that's Himmler's staff.
"In the fight against the bands, German military terms and tactical signs are no longer to be employed in the designation of the band units."
Now that paragraph is respectfully called to Your Honors' attention in connection with the first paragraph of Exhibit 280. They're in substance the same.
"In order to avoid any false concepts arising amongst the leaders and troops, in future, the following directives are valid concerning the designation of bands: Small band (10-100) -- identical words in the order -- Medium size band (100-400*, Large bands (over 400)."
Now all those are the same, as in the original communication; we just don't happen to have found a sheet that they would send down and it is submitted that they wouldn't send a sheet that contained Russian units down in the Southeast; but this is the only one we could find.
This order of Warlimont, on the other hand, is directed to the Commander-in-Chief Southeast, which at that time was Army Group "E" subsequent to January 1, 1943.
"As far as one is certain of the designations used by the bands themselves (for instance Roman II/Proletarian Brigade) these may be mentioned in addition to the ordered designation."
Signed: "By order Warlimont, OKW," General Staff; and, of course, it is to be called to the Court's attention that Warlimont is with the OKW whereas this communication here is from OKH; and, of course, OKH is subordinate to -- that is, it is not on the same level as OKW. Its comparable level is OKL and OKM -- that is High Command of the Luftwaffe and High Command of the Navy -- and OKW is superior to OKH.
Then turning to page 55 of the German and 71 of the English, we have NOKW-374 which becomes Prosecution Exhibit 282 in evidence. This is an order of the Commanding General in Serbia and a report to the High Commander Southeast, the Commanding General Army Group "E". The first is dated 27 June and the second is of 29 June.
The first is the Administrative Sub-Area Headquarters 809, from the Commanding General, Commander in Serbia, initialed by Bader, the large "B" at the bottom. At the end we would like to call the Court's attention to the initial over to the right of Bader on the photostat, which we submit is the initial of defendant Geitner:
"Fifteen Communists and 15 DM hostages are to be shot to death in reprisal for the attack and destruction of mines near Aleksinac on 8 June 1943.
"No hostages are available at this time to the Administrative SubArea Headquarters. Therefore, execution is to be performed through the commander of the Security Police in Belgrade.
"The carrying out (of the measure) is to be reported, enclosing a copy of the publication."
The signature, Bader, of course is typed, with the initial "B" below it.
Then after release of the communication a copy goes to the commander of the Security Police.
Then on 29 June, Communication to the High Commander Southeast, and information copy to the German General Plenipotentiary in Croatia, and the commander of the German troops in Croatia. A Daily Report of that date, and this is typed, "Commanding General and Commander in Serbia Ia" and an illegible signature, 1st Lieutenant:
"1st Royal Bulgarian Occupation Corps "1) Skrusevac SSW station attacked by medium size heavily armed band.
Among them were 15 attackers in German uniform who spoke German. Fourteen SSW men dead, quarters with corpses burned down.
"3) An order of the DM commander Pozega which was found states that 100 men of each brigade are to be under arms, being relieved every two weeks. Mission: fight against disloyal Apostates, Communists, and fighting the black market.
"4) In Krusevac: In reprisal for the attack on the auxiliary police detachment (see Daily Report 18 June 43) 310 Communists and DM suspects shot to death in public by German police.
Two hundred fifty-five more hostages shot in other Serbian villages by the SD."
At page 57 of the German, 74 of the English, Document NOKW-380, which becomes Exhibit 283 in evidence. This is a report of 23 June 1943 with reference to the execution of hostages, and is directed to the SubArea Headquarters No. 610, and is from the Commanding General and Commander in Serbia, and again I would like to direct the Court's attention to the original.
Bader's initial appears under his name. We respectfully submit that the initial out to the left of the typed word "Bader" is the initial of the defendant Geitner.
Dated 27 June 1943:
"As a reprisal for the shooting of the German hospital train at Trubarevo (13 ENE of Krusevac) in the night of 15 June and the blowing up of the line which happened at the same time, 50 Communists are to be shot. Also 10 Communists are to be shot for the attack on the railway station Bukovic (5 km NW of Arandjelovac) and the consequent damage to two sidings.
"No hostages are available now at the Field Commandant's office. Therefore the executions will be done by the Chief of Security Police in Belgrade.
"When completed an account is to be sent for publication with a copy."
Again after the message is released, the copy is to go to the chief of the Security Police, and then the second page of the document, dated 18 June 1943, goes to the Commander-in-Chief Southeast, and informational copies to the Commander-in-Chief of the German Troops in Croatia, German Commanding General in Croatia with plenipotentiary powers.
This is a Daily Report of the 18th and is from the Commanding General and Commander in Serbia, Ia, and it bears the signature of a colonel.
The 104th Rifle Division, Jaeger division:
"1) Kalabic bands are moving from the area southwest of Valjevo towards the Lajkovac-Cacak railway line.
"2) The SFK railway guard has been unsuccessfully attacked by a fairly strong band. The band withdrew after attack by armored train 109.
"3) Lajkovac mayor murdered.
"4) Addition to Daily Report of 16 June, No. 4, and of 17 June, No. 1: From the prisoners two men returned with arms, two Draja Mihailovic bandits were wounded during pursuit.
"1st Royal Bulgarian Occupation Corps:
"1) South of Krusevac the locating squad of the auxiliary police attacked by strong Communist forces. So far 8 dead, 3 seriously wounded, 6 men missing.
"2) In the region of Prokuplje increased Communist activity and collision with SSW.
"3) In the region of Pozega one SM (?) man killed by a Bulgarian commando and firing between SFK and DM groups.
"4) Three hundred fifty Communists shot for the murder of 3 German customs officials and firing attack on a Bulgarian leave train (cf. Daily Report of 16 and 18 May); 50 DM hostages shot for the murder of an RSK man."
It is signed "Commanding General and Commander-in-Chief Serbia, Ia," and under it appears a signature.
On the last exhibit in the book, Prosecution Exhibit 284 at page 59 of the German, 76 of the English, Document No. NOKW-832, these are activity reports from the 1a Commander-in-Chief Southeast, High Command of Army Group E.
31 January 1943--- There is no date on the original, but it is submitted that is what it is, in view of the context. Activity Report from 1 to 31 January 1943:
"Commander-in-Chief: Major General Studnitz, the newly appointed commander of the Salonika-Aegean area, replacing Major General Krenzky, reported HQ the Commander-in-Chief.
"Enclosure 2 The New Regulation of Command in the Southeast Area.
"The night before 1 January Fuehrer Instruction No. 47 for Command Leadership and Defense of the Southeast Area arrived in extract form."
Then it gives the OKW operation number and that, if Your Honors please, corresponds to the number of the communication which is Exhibit 242 in evidence, which is at page 171 of Document Book 9.
Your Honors will recall that was the last document in that book, and the very end canceled the prior instructions which Hitler had issued in June of 1941 with reference to the Southeast:
"The development in North Africa and the situation in the Mediterranean area makes an attack on Crete, the German and Italian footholds in the Aegean, and on the Balkan peninsula possible in the near future has caused the Fuehrer to transfer the defense of the southeast area, including the adjacent islands, to the Wehrmacht Commander Southeast, who will now be called 'Commander-in-Chief, Southeast' (High Command of Army Group E)--"
Here he gets the double title. You will recall the title before, up until 1 January 1943, was "Armed Forces Commander Southeast and 12th Army" and here it becomes "Commander-in-Chief Southeast and High Commander of Army Group E".
"--and who will be subordinated directly to the Fuehrer. The designation '12th Army High Command' ceases herewith. A great tradition in war history is thereby ended.
"Reprisal measures against the population of Teslic.
"Teletype to Commander of the German Troops in Croatia: OKW/WFSt/ Opns. Army has ordered application of the most severe reprisal measures against the population of Peslic, southwest of Doboj, for their participation in combat against the Croatian occupational forces.
"13 January:
"The new frontier between the commander of Salonika-Aegens and the commander of South Greece is established as the line Molos-GraviaAmphissa-Ithea (localities to the commander of Salonika-Aegen).
"24 January:
"Commander-in-Chief: Report of Major General Haarde, the new com mander of Saloniki-Aegen, and of Major General von Waldan, Commanding General of the X Air Corps."