"The memo is signed by Lt. Col. Svonimir Ostric, as chief of the Yugoslav Delegation attached to the office of Chief of Counsel for War Crimes. This, Your Honor please, I think, takes care of all inquiries which have been addressed to the Prosecution with respect to the whereabouts of some persons in the which the defense have shown some interest with the exception of one George Kiessel. The Yugoslav delegation is attempting to contact Belgrade with regard to the whereabouts of George Kiessel, and when we find out that information I think it will take care of all outstanding requests by the defense to the prosecution.
PRESIDENT WENNERSTRUM: There were certain requests made yesterday were there not, as to certain Norwegian witnesses?
MR. RAPP: Your Honor, we have not received any such request.
PRESIDENT WENNERSTRUM: I mean in Court here.
MR. RAPP: In court they were made of a general nature, yes, your Honor.
DR. FRITSCH: Your Honor, during the submission of the documents I pointed out that I would reserve the right for these persons mentioned in the document to be called here for cross-examination.
Formal application I have not yet made. I will make it at a suitable time, with permission of the Tribunal.
PRESIDENT WENNERSTRUM: Whenever and if you desire to make the application you may do so in the proper manner.
DR. FRITSCH: Thank you, Sir.
DR. LATERNSER: Your Honor, I would like to recall that further such applications are on hand. I remember with reference to a Greek witness, and a witness Lenz, the Tribunal at that time, when I protested against the submission of the affidavits ruled that they should be striken from the record of the prosecution did not bring the witnesses in for crossexamination.
The same ruling was made in the Greek witness' case, and in the case of the witness Lenz, and I can definitely remember this.
MR. FENSTERMACHER: If your Honor, please I think the Greek witness to whom Dr. Laternser refers is Verikiari, who gave a report to the Greek government with respect to his experiences in a concentration camp in Athens. That report was submitted as part of the official documents of the Greek National War Crimes Commission, and I am not sure if I understood the Tribunal's ruling, at the time the report was admitted.
Did the Tribunal mean that we should bring the witness and produce him for cross-examination without an application in that respect by the defense, or since the report of Verikiari was part of the Greek War Crimes Commission's documents, was it accepted for whatever probative value if.
any, it had?
PRESIDENT WENNERSTRUM: I think it might be well for the defense counsel, - the respective defense counsel, - that may be interested in each particular case, to make the application so that there will be a formal record. There has been from time to time a request for the production of these witnesses, and we have indicated that if the witnesses were not brought here for cross-examination, the Tribunal then would give consideration to a motion to strike the respective documents that might be affected.
We believe, however, that it would make a bettor record, if the respective counsel who are interested in each particular case will make an application, and then if they are not presented, later make a motion to strike the particular document affected.
DR. LATERNSER: Your Honor I will observe these regulations.
MR. RAPP: With your Honors' permission, since we are talking for a minute about these prospective witnesses, I would like to call to your attention that it is in every and all instances, difficult for us to produce these witnesses, that is merely administratively difficult. We will get them if we possibly can, but I would like to have defense counsel cooperate with us in putting in those applications early, so that not a week before their case is finished, we are getting those applications, and then if we cannot produce them, that will be held in some way against us.
I think defense counsel should realize that there is a lot of red tape involved in getting these witnesses from foreign countries. I believe that is a reasonable request, and we arc trying everything in the world we can to get those people, but we are often depending on foreign governments, and a lot of other agencies and defense counsel should realize that.
PRESIDENT: In connection with Mr. Rapp's statement, it should be kept in mind that presenting these documents, also presents the responsibility of bringing these witnesses here for cross-examination. That is one thing.
MR. RAPP: That is correct, your Honor.
PRESIDENT WENNERSTRUM: Second, in connection with your statement as to the request for cooperation on the part of defense counsel, it seems to the Tribunal that at the close of the prosecution's case, the defense counsel will know what witnesses, if any, they wish to have brought here for cross-examination, and it will be the Tribunal's ruling, subject to later modification, if necessary, that any request for the production of witnesses should be made prior to the commencement of the defense' case, defense' testimony.
There will be a recess period. As to how long it will be we have not yet decided, but it will at least give you time to make your request.
MR. RAPP: Very well, your Honor.
PRESIDENT: Is there any objection to that on behalf of the defense counsel?
DR. LATERNSER: No.
PRESIDENT: Defense counsel have indicated that they have no objection; so let your conduct be accordingly.
MR. FENSTERMACHER: Now we begin the final two prosecution document books today. Document books 24 and 25. The documents contained in these two books are all new documents, but we received them from Washington too late to have them included in the earlier document books.
In a sense, the final two documents, -- the final two document books -- are a review of the proceedings up to date. These extra documents received from Washington too late; are again in chronological order, and present in microchosm, the prosecution documents heretofore introduced.
We will turn first to page 1 of the English document book, page 1 Of the German document book, Document NOKW 1660, which is offered as Prosecution's exhibit 526 -
DR. LATERNSER: Your Honor, I object to the submission of this document NOKW 1660, for the following reasons: This document contains excerpts from the daily reports of the Commander-in-Chief Southeast to the OKW or the OKH, excerpts from the same daily reports are already present in document book No. NOKW 251, Exhibit No. 128.
This exhibit is in German Document book 5, page 70.
I have compared this document with the one which has already been submitted and I have discovered that alone in this document, 37 cases are contained which repeat themselves, and were already submitted by the prosecution in Document 128.
I repeat, - 37 cases alone in this document. Since so-called cumulative evidence is not admissible, I request that this document be rejected or that the prosecution should not submit it in such a way that cumulative evidence, which is not admissible, is contained in it.
MR. FENSTERMACHER: Document Book 5 I do not have with me, your Honors, but I should like to ask Dr. Laternser whether Exhibit 128 was also daily reports of the Commander Southeast to OKW and OKH.
DR. LATERNSER: Your Honor, I am able to show that all those 37 cases are the same reports.
MR. FENSTERMACHER: If your Honor pleases, the prosecution has no desire to submit identical evidence. If we have already introduced this it is apparently an error. We received two different documents from Washington and I had them checked, and thought that they were entirely different, but we should like to withdraw it at this time until I have further opportunity to check it, and if we agree with Dr. Laternser, after investigation, we will be very glad to withdraw it entirely. We have no intention of delaying the proceedings by offering identical evidence on more than one occasion.
JUDGE BURKE: It is not entirely that it is your intention to do what has been indicated here, but it seems to indicate carelessness in the compilation of these documents that are being presented hero at the expense of the Tribunal.
MR. FENSTERMACHER: That is exactly what I want to check your Honor. We have found that the next two documents, NOKW 1661 and NOKW 1663 were already introduced in evidence, so we do not propose to offer these at this time.
We turn instead to document NOKW 1798 which is on page 76 of the English document book, and page 49 of the German document book We offer it as Prosecution' Exhibit 526. This is a report to the Commander in Serbial. The document is dated Belgrade, 11 September, 1941, and he receipt stamp . "The Military Commander in Serbia, Administrative Staff" appears on the left hand portion of the document.
Your Honors will recall that at this time, 11 September 1941, the Defendant Lit is Armed Forces Commander Southeast, and his chiefof-staff is the Defendant, Foertsch.
The subject of this report is, "Unrest in Serbia".
The report is, "For information to the Deputy of the Foreign Office in Belgrade."
"The third political reason supposedly is the fact that in course of unavoidable execution, which have to be carried out in reprisal for attacks etc, often innocent people and not the real perpetrators are hanged or imprisoned. Of course in the case of martial law the fact cannot be avoided that an example mutt be set immediately. Therefore it will be the task of the Occupation Forces which are now present in greater strength, to protect the people in the country in such a manner tat they will be able to collaborate."
"Without fearing the revenge of bands and Communists and also to denounce ringleaders and assassins.
A fourth political reason is that Serbian Chauvinit national honor was very deeply offended by the almost dishonorable defeat of the Serbian Army which was previously considered especially brave. This was especially disgraceful for the officers and men. Besides splendid German leadership and bravery of German troops, superiority of German dive-bomers etc. there was another factor which caused Serbian soldiers to lay down their arms often without a fight - namely a complete lack of understanding this war which has been provoked. Now honor-loving Serbs, especially the youth, are ashamed of this surrender and are skillfully incited by Communist propaganda to rehabilitation, that is to fight the Germans.
As a last reason in this respect I consider the tens of thousands of idlers whom one can see at any hour of the day, unemployed in the restaurants and inns in Belgrade and he hundreds of thousands in the major cities in. Serbia, who then become the prey of the politicians and finally of the Communists. In Belgrade the closing of secondary schools alone caused about 8000 students to be unoccupied for the pase months, who in accordance with Balkan customs read newspapers uninterruptedly and discuss politics. Why it is not possible to send from Serbia alone one hundred thousand workers of all types to our hardworking German homeland, whore a very great shortage of all types of labor is embarrassingly noticeable, is beyond my knowledge as a layman."
"A as well as many other observers fail to understand this highly regrettable phenomenon. Even intelligent Sergs who are concerned about their country regret the fact that those many thousands cf unemployed have not long since been included in the labor program hero or in the German Reich. Perhaps the new Neditsch Government upon German instruction will also make a change in this matter.
..........
Thus numerous reasons have accumulated which have led to the deplorable present conditions. I take the liberty cf stating my views with regard to remedies even at the risk of mentioning things which have bean already initiated or planned and therefore known or out of date.
..........
The second point is a much more effective counter propaganda than has been the case heretofore. The Serbian peasant who is still terate does not neither read_newspaper nor does he haye a radio set,_ and announcements are perhaps twistd by Bolschovik leaders of bands to mean the opposite for him or are misrepresented.
In this case only oral propaganda by deputies of the government sent to all villages speaking man to man among the people, will help to clarify the lies of the Community. And if it is feared, that these official speakers will be rejected as unreliable because of being paid by the Germans then the Commanders of the small German units or of the reliable Serbian formations should immediately take tip this clarification work by the hundreds in order to combat, from the roots the missma and atrocity reports spread by the Bolschviks."
"A further means would be the reexamination of maximum prices to see whether they really are so unpossible that the peasant are loathe to delivering their goods to markets and instead permit them to disappear in the Black Market as we experienced in desperation in the first World War. In the future the peasants would have to be given the opportunity to harvest their plums to dry them for exportation, to make Slivovitz, to raise pigs as before etc.. The population here must again be taught to have confidence in the German administration as was the case just after the war.
We of the German Red Cross are dutifully making efforts to help and to give advice wherever we can and we have gained unquestionable success and the confidence of large circles of the population our being laymen-like friends of the Serbs who believe everything implicitly that is told without criticism. But I believe from my experiences and observations based on mature judgment of the country and its people that here too, as almost everywhere else, the peasant, in Serbia this pertains to more than three quarters of the populations, is basically sound and opposed to the criminal operations. This was shown by the enthusiastic welcome given to the first Serbian Security Detachment which arrived in the country recently.
If through the present report I have helped to reestablish orderly conditions, then my duty as a member of the Red Cross who should help to heal the wounds which our word had to make and my duty as a National Socialist, whereby I am bound by oath to cooperate for the sake of the Fuehrer and the Reich is fulfilled.
I am sending a carbon copy of this letter for information to the Headquarters of the German Red Cross."
Signed, "The Commissioner of the German Red Cross in Serbia" BY MR. FENSTERMACHER:The next document, if Your Honors please, is Document NOKW 1666. It has been already introduced in the evidence, and so we also pass that.
We turn instead to page 82 of the English, page 53 of the German document NOKW 1664. It is offered as Prosecution's Exhibit 527.
DR. LATERNSER: Your Honors, I have just been informed by one of my colleagues that his exhibit, - this document NOKW 1664, is identical with Exhibit No. 116, in Document Book 3, page 113 of the German. I have not checked this personally.
MR. FENSTERMACHER: In order that there he no confusion, Your Honors, I ask that we pass it until we can have it rechecked.
PRESIDENT: WENNERSTRUM: Will it hold this same number, or will you give it a new document number?
MR. FENSTERMACHER: I suggest that we pass it entirely, and give it no document number, or identification number at all, until we can finally check it.
Tho next documents, NOKW 1663 and NOKW 1662, have been checked and found to have been already introduced in the evidence. I suggest that we turn now to page 97 of the English Document book, page 62 of the German document book, NOKW 1712. This is offered as Prosecution's 527.
These various extracts are from the War Diary of the 342nd Infantry Division. The first is dated 10 January 1942. Your Honors will recall that at that time the Defendant Kuntze, was the Armed Forces Commander-in-Chief of the Southeast, simultaneously Commandor-in-Chief of the 12th Army, and that his chief of staff was the Defendant Foortsch.
"War Diary, 342 Infantry Division Operational Department" "0800 hours Division Battle HQ.
Valjevo Advance of parts of the 1st Battalion of the 202nd Regiment of Cetnicke loyal to the government into the area of Stave.
On this occasion 3 Community were shot to death, 8 captured, also sleighs with food supplies and papers."
BY MR. FENSTERMACHER:
The next entry in the War Diary, is 19 January, 1942, 0915 hours.
DR. SAUTER: Your Honors, I would like to point out that this document has also been submitted before. It is identical with the document in Document Book 9, Exhibit 228, pages 66-67. The prosecution missed this.
MR. FENSTERMACHER: Your Honors, I wonder if it would not save time if the defense counsel have any more objections to any of the documents in Document Book 24, and we can pass them until I can have them checked for a second time. They already have been checked once.
PRESIDENT WENNERSTRUM: May I suggest that you confer with defense counsel, if possible, during the recess period and endeavor to ascertain whet her or not there are any duplications in these proposed offered documents so that we may proceed along without interruption after we return from recess. However, if through oversight, some document may be offered and it had not been caught prior to this time, why we do not want defense counsel to hesitate to call our attention to it. We will take our recess at this time.
(Recess taken until 1115 hours)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: You may proceed.
MR. FENSTERMACHER: If your Honors please, during the recess Dr. Laternser and I checked the first document, NOKW 1660, and we have agreed not to offer certain pages of that document, but to offer certain pages which were apparently not duplicated. If Your Honors will turn then beginning with page 13 of your Honors' document book, NOKW 1660...
THE PRESIDENT: That's exhibit No. 526?
MR. FENSTERMACHER: Prosecution offers this as Exhibit No. 327; your Honor, page 15 of the English, page 11 of the German document book. This is, as are the other pages which we shall offer as part of this exhibit, Daily reports from the Wehrmacht Commander Southeast to the 0KW in Berlin. The first is the Daily Report for August 27 1941.
"25.8 in Ravna Reka (20 kilometers northeast Cuprija) 1 bandit shot to death and 7 captured by fighter detachment.
"26.8 in the same place 6 bandits shot to death, leader captured.
"26.8 between Losnica and Krupanj 2 armed bandits shot to death fighter detachment.
"26.8 during skirmish 10 kilometers north Vel. Kikinda (Banat) 2 Communists shot to death."
And the Daily Report is signed Wehrmacht Commander Southeast Ic, or Intelligence Officer. Next on page 23 of the English...
THE PRESIDENT: You're not offering any of the...
MR. FENSTERMACHER: We're not offering any of the pages except which I specifically refer to, your Honors. The next is page 23 of the English, page 18 of the German, the Daily Report to OKW from the Wehrmacht Commander Southeast: "12 September--Search for arms in area of Nigrita (Northeast Saloniki). No important results. 3 Greeks shot to death." Next on page 23 of the English, page 19 of the German document book, Daily Report of the Wehrmacht Commander Southeast to OKH for the 15th of September 1941: "15.9 in Belgrade leader of a special Communist Group captured, one Communist shot to death. 15.9 near Lokovik (North .of Vel.
Plana) food train attacked and looted. 30 looters shot to death." Next on page 29 of the English and page 21 of the German document book, Daily Report of the Wehrmacht Commander Southeast for the 21st of September 1941. Your Honors will recall that at this time the Defendant list was Wehrmacht Commander Southeast and simultaneously Commander of the 12th Army, and that his Chief of Staff was the defendant Foertsch: "Serbia: Near Cacak in the Banat, 24 Communists hanged for attacks on railroad line." Next on page 30 of the English, page 22 of the German, Wehrmacht Commander Southeast's Daily Report for the 23rd of September 1941: "Serbia: In Gradiste/Danube, 23 insurgents shot to death." Turning to next page 31 of the English, page 22 of the German document book, Wehrmacht Commander Southeast's Daily Report for the 24th of September 1941, under the section of the report dealing with activity in Serbia: "Sabac will be depopulated beginning 24 September." Next on page 32 of the English, age 23 of the German, Daily Report of Wehrmacht Commander Southeast for the 26th of September 1941: "Serbia: 49 insurgents shot to death near Valjevo by the 123th Infantry Regiment." Next on page 34 of the English, page 24 of the German, Daily Report for the 20th of September 1941, from the Wehrmacht Commander Southeast to OKW: "Serbia: 34 insurgents hanged in Cuprija. Greece: 29 September 22 Greeks killed during mopping-up operation in area Northeast Saloniki. Houses burned down." Next on page 35 of the English, page 25 of the German, Daily Report of the Wehrmacht Commander Southeast for the 3rd of October 1941: "Serbia: 12 Insurgents shot to death near Lajkovac by 123 Infantry Regiment. Home Guard Company in GRN. Milanovac - 10 dead, 60 missing. Own losses: 31 dead, 2 wounded, 10 missing; Enemy: 17 dead." Next on page 36 of the English, page 26 of the German, Daily Report of the Wehrmacht Commander Southeast for the 4th of October 1941: "Serbia: A total of 43 insurgents killed." And I call your Honors' attention to the description in this Daily Report of insurgents killed with the description in the previous report of insurgents shot to death. Next on page 37 of the English, page 26 of the German, Daily Report of the Wehrmacht Commander Southeast for the 7th of October 1941:
"Serbia: Basaid (18 Kilometers north Petovgrad/Banat) 11 Communists hanged." Next on page 39 of the English, 27 of the German, Daily Report to the Wehrmacht Commander Southeast for the 15th of October 1941: "Serbia: III Battalion/749th Infantry Regiment on the march from Kragujevac to G. Milanovac for execution of new reprisal measures." Turning next to page 41 of the English, page 29 of the German document book, Daily Report of the Wehrmacht Commander Southeast for the 18th of October 1941:
"Serbia: 717th Infantry Division: As reprisal measure for Kraljevo736 men and 19 women were shot. Own losses 2 dead, one wounded.
"Greece: The villages of Ano-Kerzilion and Kato-Kerzilion on the Strimon River estuary burned down since they were proven to have been Nigrita band supports. All male inhabitants (202) shot to death. while houses were being burned down, ammunition including blasting ammunition exploded. When parachutists was shot to death, the Greek who had sheltered him was also shot to death and 1 house was burned down."
Turning next to page 49 of the English, page 33 of the German, Daily Report of the Wehrmacht Commander Southeast to OKW for the 5th of November 1941. Your Honors will recall from other documents already introduced by the Prosecution that the defendant Kuntze succeeded the Defendant List as Armed Forces Commander Southeast and Commander in Chief of the 12th Army on the 27th of October 1941, and that the defendant Foertsch continued as the Chief of Staff for the Defendant Kuntze. Daily Report of the 5th of November 1941: "Serbia: In Belgrado 169 hostages from intellectual circles arrested."
Next daily report of the Wehrmacht Commander Southeast for the 9th of November, 1941. This is on page 50 of the English, page 34 of the German:
"Serbia: 714 Infantry Division: Near Majdanpel. (East, Southeast Pozarevac) 14 insurgents shot to death."
Turning next to page 51 of the English, page 34 of the German, Wehrmacht Commander Southeast, daily report for the 10th of November, 1941:
"Serbia: 342nd Division marching on the area around Valjevo, Divisional Staff Valjevo, 1 Battalion in Lesnica (15 Kilometers North of Lesnica). 130 hostages shot to death as reprisal measure."
Next on page 56 of the English, page 37 of the German, daily report of the Wehrmacht Commander Southeast for the 6th of December, 1941 : Serbia:
342 and 113th Infantry Division continue mopping up. enemy losses: 73 dead, 91 Mihailevic-Cetniks captured. 4 machine guns, 182 rifles, 1 ration depot captured 80 Communists shot to death.
In Belgrade 50 Communist and suspects arrested.
I dieect your Honors' attention again to the different description. Under enemy losses, "73 dead" and two lines below "80 Communists shot to death."
Turning next to page 57 of the English, page 37 of the German, daily report of the Wehrmacht Commander Southeast for the 7th of December, 1941.
"In Belgrade 80 Communists and suspects arrested.
"Lt. General of Artillery Bader has taken over affairs of the Commanding General-Plenipotentiary in Serbia."
Your Honors will recall that from the middle of September, 1941 until the 7th of December, 1941, General Boehme was Plenipotentiary Commanding General in Serbia, subordinate to the Armer Forces Commander Southeast and Commander in Chief of the 12th Army who, from April until October, 1941, was the defendant List and from late October, 1941 until August 1942 was the defendant Kuntze, and that ttm defendant Focrtsch was Chief of Staff to both List and Kuntze.
Turning next to page 59 of the English, page 39 of the German, daily report of the Wehrmacht Commander Southeast for the 10th of December, 1941, Serbia.
"During mopping up operation around Cacak, 49 Communists including 1 leader were shot to death, 187 arrested."
Next page, 60 of the English, page 39 of the German, daily report of the Wehrmacht Commander Southeast for the 23rd of October 1941--I believe that may be a typographical error, because it is signed Wehrmacht Commander Southeast, 12 Army, 11 December, 1941.
"Serbia: 113th Infantry Division: During mopping up operation 66 insurgents captured, 34 shot to death."
Turning finally to page 7 of the English, page 43 of the German document book, daily report of the Wehrmacht Commander Southeast for the 20th of October, 1941.
"Greece: 19 Oct. members of Navy fired on near Strymon Bridge, South west Seres. 2 soldiers dead, 1 wounded. In reprisal,13 hangings."
We continue on page 102 of the English document book, page 66 of the German document book. This is NOwW-1671 which is offered as prosecution Exhibit 528. It is a letter from General Bader who at the time the letter was written was Plenipotentiary Commanding General in Serbia to General kuntze, who at the time was Deputy Wehrmacht Commander Southeast. The letter is dated Belgrade, 19 January 1942.
Subject: Teletype Wehrmacht Commander Southeast Ia No 188/42 top secret of 16 January 42 To The Deputy Wehrmacht Commander Southeast General of Engineer Kuntze Saloniki.
To the inquiry of the Wehrmacht Commander Southeast I reply as follows. I warm expressly against the intended measures for the extension of the Bulgarian territory. The arrest of the government after its having resigned trill not help, and only increase the animosity and unrest.
I propose the following:
As the SS Division will probably not arrive in time, a weak German garrison must be taken into account. The responsibility for the maintenance peace and order must in the first place be transferred to the Serbian government the threat that the Bulgarians will continue to occupy the country if the unrest continues. Above all the Serbians should bleed and die for their country. We have to save every man!
Signed Bader General of the Artillery Turing next to page 103 of the English Document Book, page 67 of the German, document NOKW-1669, which becomes prosecution Exhibit 529, these are an exchange of messages between the Armes Forces Commander Southeast who at the time was the defendant Duntze, and the Plenipotentiary Commanding General in Serbia who at the time was General Bader.
The first message was transmitted on the 7th of February, 1942, -I beg our pardon, the first is from the Wehrmacht Commander Southeast to the defendant Kuntze, transmitted on the 7th of February, 1942, to the Plenipotentiary Commanding General in Serbia:
"The following teletype has been received from the Chief, OKW:
The reports from the Wehrmacht Commander Southeast on the situation in Serbia and the result of the punitive expedition do not yet justify hopes that uprisiggs on a major scale will not commence again in Soring. The bloody losses incurred by the Insurgents and the number of those liquidated are small. The number of prisoners is much too large. Individual prisoners were oven able to escape from captivity. according to a report by a confidential agent, the people's attutude, originally depressed is supposedly giving way to increasing arrogance and Cetniks with the skull or the Jugoslav insignia on their fur caps are said to move about under the eyes of the Occupation Forces.
Numerous Serbian officers have fled and will organize the next uprisings. Others are said to move about openly in their former un iforms.
The prevailing opinion supposedly has it that the Germans are unable to cope with the Insurgents, and that Hungarians or Bulgarians have to come. The veracity of this report cannot be established at this headquarters. Only one thing is certain, that so far it had not yet been possible to break the backbone of the Insurgents through Draconian measures and that military operations alone will also not be in a position to do so.
The most effective measure is to employ a widely spread spy systom and brutal Police and Secret Police measures to recognize who formation of Insurgents right at the start of burn the out. These measures are to take place on the largest seal possible after the committment of a Higher SS and Police Leader. I again mist emphatically point out that the Wehrmacht Commander Southeast must manage in the coming year to with the Forces remaining with him, and that is his duty to employ those measures which will guarantee success.
Note Wehrmacht Commander Southeast:
The plenipotentiary Commander in Swebia is requested to present suitable proposals.
1. -Attitude about the Situation Reports
1.) All reports on the enemy available here, show that, under the influence of the fighting in the East and Anglo Russian propagando, an increased revival of the Insurgent movement within the area under the command of the Plenipotentiary Commanding General in Serbia had to be expected in the coming spring.
2) Between 1 September 1941 and 12 February 1942 the enemy suffered the following losses:
If your Honor please, during that period 1 September 1941 and 12 February 1942, the Wehrmacht Commander Southeast with the defendant List later the defendant Kuntze, Defendant Foertsch was Chief os Staff to - both of those men.
a.) Killed in action or shot: 7756 persons
b.) Shot as prepresal measures subsequent to combat actions: 20149 persons.
3. ) No prisoners were taken in the course of combat actions with the Insurgents. Who ever is found carrying or possessing a weapon or who ever is active in the serving the enemy is shot on the spot.
4.) Arrested suspects are subjected to the following procedure after investigating the question of gult in accordance with marial lae:
a.) Those found guilty are shot b. ) All persons where the question of quit cannot be clarified without doubt are trasferred to a Prison Camp for the execution of reprisal measures.
c. ) This found to be innocent are released. To shoot all persons encountered in the combat area on principle, with the simultaneous burning of their homos without clarifying the question of guilt would result in the following:
a. A further decrease in food production for the troops and population, since the majority of the villages occupied by the bands are rural communities.3
h.) Further decrease in the number of employees in plant and armament factories.
c.) Further limitation of quarters foe troops.
5.) Uniforms are worn in Serbia by:
The Serbian Auxiliary Police under the command of the Nedic Government, with its affiliated formations (Town police, Gendarmes, Auxiliary Gendarmes, Cetniks). These uniforms correspond to the former Jugoslav uniforms but because of lack of raw materials - have different types of changes. Uniforms worn otherwise would expose the wearers to arrest and shooting. It can therefore be regarded only as belonging to the Insurgents.
"Inasfar as officers on active duty, formerly with the Jugoslav Army, who are not in the service of the Nedic Government, were apprehended, they were transferred to German prisoner of war camps.
"7) Rumors about the division or the total occupation of the Serbian territory by Hungarians, Italians, or Bulgarians are repeatedly spread among the allied (Axis) nations and their newspapers. They do not help to quiet the country. So far arrogance or disregard towards the German Wehrmacht has not been shown. Moreover, it is confirmed that the Wehrmacht is respected everywhere. This also expressed by the fact that the insurgents presently try to evade any contact with German forces on the whole.
"II. Summing Up and Proposals.
"On view of the extraordinarily difficult terrain - at least half the country consists of wooded mountains 500 to 1800 meters high, more or less without roads - a complete suppression of the insurgent movement with the forces at present available seems impossible to accomplish. It must also be taken into consideration that at the present, for instance in the case of the 704th Division, 75 percent of the infantry is tied down by guard and security service at railways and industrial installations. An effective remedy can be brought about only in the following manner:
"a) through bringing in divisions which need to be re-fitted, or reserve troops, in order to station as many troops as possible in the country.
"b) by shifting the Serbo-Croatian frontier towards west as far as Bosnia, to give the Serbian state an indispensable basis for its economic and national development. At the present almost one-half of the Serbs (more than three million) live outside of the state frontiers. They are constantly being most heavily oppressed, especially in Eastern Bosnia, by the Ustascha units, and this disturbance, which expresses itself in a flow of thousands of refugees across the Drina frontier, by its very nature is transmitted to Serbian territory.
"c) through stopping the supply of weapons from the south across the German-Italian line of demarcation, which frustrates all attempts by troops and government to seize illegally owned weapons.
"As long as the forces available are weak, troops not tied down by security duties have to put in constant appearance in the country, at one time here, at one time there, changing strength according to the situation, to carry out careful search for weapons and bandits. If the enemy is encountered, he is attacked.
"At the moment, action is being taken according to the above principles."
Signed Bader, General of the Artillery.
Turn next to page 111 in the English, page 74 in the German, Document NOKW-1797, which is offered as Prosecution Exhibit 530. These are minutes of a staff meeting of Italian and German high commanders during the period 3 to 29 March 1942. At this time Your Honors will recall ti the defendant Kuntze was Wehrmacht Commander Southeast and his Chief of Staff was the defendant Foertsch.
"Wehrmacht Commander Southeast, Headquarters 3 March 42.
"Subject: Conference with Italian Second Army.
"Enclosed please find the agreement made with the Second Italian Army concerning combat methods in Croatia.
"The OKW reserves approval.
"Signed for the Wehrmacht Commander Southeast (Twelfth Army), "The Chief of the General Staff."
Your Honors will note the receipt stamp of the Commanding General and Commander in Serbia in the middle of the first page of the document. The distribution list follows and then the minutes themselves:
"Minutes of the conference which took place in Abbazia on 3 March 1942 regarding the cooperation of the Italian, German, and Croatian forces for the final mopping up of the rebels in Croatia."
The participants in the conference are listed. Your Honors will note the General of Engineers Kuntze, Deputy Wehrmacht Commander South east as representative of the OKW, and General of Artillery Bader, Commanding General Plenipotentiary in Serbia, were among the participants.