CERTIFICATE OF TRANSLATION 19 June 1947.
I, Mary E. Carter, British civilian #20134, hereby certify that I am thoroughly conversant with both the English and German languages; and that the above is a true and correct translation of Document Np. NOKW-1424.
Mary E. Carter # 20134
DR. LATERNSER: Mr. President, I must complain about a mistake in the translation which in my opinion is present. In the German text on Page 41, in Line 9, "for suppressing this revolt which calls itself universal".
This sentence in the English document, on page 51, page 52 I beg your pardon it is on page 52, that's right, - on page 52, line 8, it is translated, "for the destruction of this revolt, which is universally breaking out".
"Destruction" in my opinion is too strong a translation for the military "Niederschlagung" expression- it is not as strong, it is "to suppress", and this translation makes this order bear another sense than it was originally intended to bear.
THE PRESIDENT: Unless there is some objection on the part of counsel which they wish to present, the Tribunal will request that the document in German be submitted to the court interpreter for his interpretation.
MR. FENSTERMACHER: It is agreeable with the prosecution, your Honor.
THE PRESIDENT: Is it so agreeable with the defense counsel?
(Dr. Laternser indicated it was by nodding his head "yes".).
Dr. Laternser has indicated his approval and it will be landed to the interpreter.
May I ask the interpreter, for the purposes of the record, to indicate from what page and line in the English and in the German documents he is now reading?
INTERPRETER: The English test, page 52 of the English Document book, line 8.
The German text is on page 41, and on the 9th line from the top. I must add here that the German text, in the German document book, does not correspond with the document in English and for that reason it is very difficult to translate it. The document on that lino says, and I rend it in German now:
"Fuer niederschlagen dieses sich abzeichenden Aufstandes"; (The interpreter then rend the sentence again) - "des sich allgemein abzeichnenden Aufstandes"
MR. FENSTERMACHER: If your Honors please, perhaps we could have the actual line from the document itself translated by the interpreter.
THE PRESIDENT: The interpreter shall interpret the line in question from the document as presented.
INTERPRETER: It's on page, Line 9 and reads as follows:
"For the suppression of this revolt which can now be seen and is universally breaking out."
MR. FENSTERMACHER: That's the end of this passage. The next document will indicate the reply of Hitler to Field Marshal List's request, as sot forth in the previous document. It appears on page 53 of the English and on page 42 of the German. It's Document NOKW-1492, which becomes Prosecution's Exhibit No. 49. It's from the Fuehrer and Supreme Commander of the Wehrmacht, Fuehrer Headquarters, 16 September 1941. There arc twenty-two copies and this is the eleventh copy.
(stamp) (Handwritten)
Top Secret Directives The Fuehrer and Supreme Commander of the Wehrmacht OKW/WEST/Branch (National Defense) No. 44 1538/41 Top Secret for Officers only (stamp) Top Secret for Officers only Fuehrer Headquarters 16 Sept 1941 (Handwritten) To (excerpt to (illegible)) (illegible) Wehrmacht Commander Southeast 22 Copies 11th Copy (Initial) W 12/9 I charge the Wehrmacht Commander Southeast, General Field Marshal List with the task of suppressing the insurgent movement in the Southeast area.
The primary task is to secure in the Serbian area the traffic arteries and objects which are important for the German War Economy and to re-establish order in the entire area on a long-term basis by the application of the most severe means.
In Croatia, (up to the line of demarkation) measures deemed inperative against the bands are to be taken in agreement with the Croatian government through the mediation of the German General in Zagreb.
For the duration of the execution of these tasks all Army Forces stationed in the insurgent area, as well as those to be brought there, are to be concentrated under the order of the Commanding General of the XVIII Infantry Corps, Lt. General of Infantry Boehme. The latter exercises executive power in the insurgent area itself, pursuant to directives of Wehrmacht Commander Southeast. In so far, all military and civilian offices must follow his instructions.
The Wehrmacht Commander Southeast regulates a more accurate definition of his authority. The interest of the Four Year Plan are to be taken into consideration as a matter of principle.
An Infantry Division, Panzer Platoons and captured tanks will be sent by the Commander-in-Chief of the Army into the Serbian area in addition to other security forces (those for Croatia also). He prepares for the bringing up case of need of an additional division as soon as one is released in the East.
I request that the measures be reported in detail to the OKW.
As before, the Commander-in-Chief of the Luftwaffe supports the operation in the insurgent area with all the forces available for this purpose. He designates to Wehrmacht Commander Southeast a loader for tactical co-operation with Lt. Colonel of Infantry Boehme.
It is not permissible to employ forces of the Hungarian, Rumanian and Bulgarian Army and Luftwaffe for these operations without the approval of the High Command of the Wehrmacht. However, Hungarian and Rumanian ships which are offered may be employed together with the Danube Fleet for the security of the Danube traffic. With a corresponding commitment of the German Flotilla, they are to be assigned such duties as will prevent them having anything to do with each other.
The use of Croatian troops in the Serbian border areas adjoining Croatia has been conceded by the Croatian government, and may therefore take place.
The Italian High Command will be informed of the intended measures and will be requested to take suitable energetic action in the territory occupied by the Italians, in agreement with the Wehrmacht Commander Southeast.
The Foreign Office will carry out a joint political action of the Balkan States against the Communist Central Offices in these countries.
A representative of the Reich will inform Wehrmacht Commander Southeast regarding the details.
(initials)
W K (Signed) Adolf Hitler Distribution:
Wehrmacht Commander Southeast 1 Copy Military Commander Serbia 2 " German General in Zagreb 3 " German Wehrmacht Mission in Rumania 4 " German General with the Headquarters of the Italian Armed Forces 5 " Commander-in-Chief of the Army (O. Qu. I) 6 " (Op. Branch) 7 " Naval High Command (Naval Operations Branch) 8 " Luftwaffe High Command (Luftwaffe Operations Staff) 9 " Chief Wehrmacht Transportation 10 "
O K W W F S T 11 "
MR. RENSTERNMACHER: The document is initialed "W" and "K" -which arc Field. Marshal Keitel's initials, the Chief of the OKW, and it is signed by "Adolf Hitler", in his own handwriting.
It's distributed as follows: The first copy to the Wehrmacht Commander Southeast, the second copy to the Military Commander Serbia, and the third copy to the German General in Zagreb. In the next document it's apparent that it rather is Field Marshal List's order in accordance with the Hitler directive, appointing Lieutenant General Franz Boehme to suppress the insurrections mounting in Serbia. The number of the document is No. NOKW-1334, and becomes Prosecutions Exhibit No. 5. The document is a radio message from the Wehrmacht Commander Southeast, of 19 September 1941. It goes to the Commander in Serbia, LXV Corps Command, and the German General in Zagreb.
(Handwritten) Copy (Handwritten.)
Without stamp Vort.
Enclosure 64 Military Commander in Serbia Ton Secret Command Staff Ia No. 220/41 of 19 September 41 Radio Message from Wehrmacht Commander Southeast of 19 September 41 To The Commander in Serbia
LXV Corps Command German General in Zagreb By order of the Fuehrer, General of the Infantry Boehme Commanding General of the XVIII Army Corps is commissioned with the Leadership of military operations in Serbia.
In compliance with Fuehrer Order I transfer to General Boehme the entire executive power in Serbia.
All Command authorities and forces of the Army existing there or to be transferred there are subordinated to him.
As the only possessor of executive power in accordance with the Fuehrer order binding instructions to all military and civilian offices.
The interest of the Four Year Plan will be protected on principle.
In suppressing the insurgent movement in the Croatian - Serbian frontier area, General Boehme possesses executive power there too, in so far as it is an operational area, in agreement with the Croatian government, via the German General in Zagreb. Instructions for the carrying out of operations for the necessary protective measures will be given by mo only to General Boehme who is responsible for their being carried out. Certified True Copy: Wehrmacht Commander Southeast Ia 1953 Top (signature illegible) Secret Lieutenant of 18 September (signed) List General Fieldmarshal
MR. FENSTERNMACHER: The document is signed the Wehrmacht Commander Southeast. List, General Fieldmarshal. I think it is important that the Tribunal know who this man was. General Fieldmarshal List was considered especially suitable to suppress the insurgent movement on the Bethaus Franz Boehme was indicated as defendant in this case, but he has died since the indictment was served; however, we have an affidavit of Boehme's which was executed in Nuernberg on the 12th of March 1947. The next document is that affidavit which appears on page 59 of the English and page 47 of the German. It is Document No. NOKW-876, which becomes Prosecution's Exhibit No. 51. The first part of the document simply outlines Boehme's carrier from the time he entered the Austrian Army until 1936. I think it need not be read, but I should like to read the bottom, beginning the last six lines on page 59 of the English and page 47 of the German.
AFFIDAVIT:
I, Franz Boehme, Being duly sworn say and depose:
I was born in Zeltweg/Styria (Austria) on 15 April 1885. I am an Austrian citizen. From 1900 to 1904 I attended the Infantry Cadet School in Liebenau near Graz (Austria). In 1904 I entered the Austro-Hungarian Infantry Regiment Number 95 as a Cadet (Lemberg, Galicia, later Ragusa and Cattare, Dalmatia). In 1905 I was commissioned Lieutenant, in 1911 I became ist Lieutenant from 1911 to 1914.
I attended the war academy in Vienna. I participated in World War I as 1st Lieutenant and since 1915 - as Captain of the general Staff. At first I was with the 38 Honved Infantry Division in Galicia, later with tho 132 Infantry Brigade. In Wolhynia, Russia , I was with tho Austrian XXIV Infantry Corps. Then I was exchanged and attached to the German 51 Corps Headquarters in Kurland. I participated in tho fighting in Italy first with tho Austro-Hungarian XXIV Infantry Corps and later in the Isonzo Army. In France I was with tho first Austro-Hungarian Infantry Division, From 1920 to 1938 I was in tho Austrian Bundesheer: first as Major (1920), Lieutenant Colonel (1921), Colonel (1929), General Major (Brigadier General) (1936). During that year I was tho Austrian observer in the Abyssinia Campaign.
After tho Anschluss of Austria with Germany I was taken over by the German Army. From July to October 1938 I was in Potsdam for retraining. From November 1938 to August 1939 I was Infantry Commander with tho 23 Infantry Division. I was promoted to General lieutenant (Major General) in 1939.
From September 1939 I was a commander of tho 32 Infantry Division (Polish Campaign and the first part of the French Campaign), I was promoted to General of Mountain Troops in 1940. From June 1940 to December 1943 I was Commander General of the XVIII Infantry Corps, in the second phase of the French Campaign (1940), in the Balkan Campaign (1941) and in Finland (1942/1943). From January 1944 to the end of June 1944 I was Deputy Commanding General in Salzburg. From 38 June 1944 to 10 July 1944 I was the Commander-in-Chief of the 2nd Panzer Army in the Balkans. Having been in a plane crash on 10 July 1944 I was in a hospital until the middle of January 1945. From 22 January to 8 May 1945, I was Commander-in-Chief of tho 20th Mountain Army and Wehrmacht Commander in Norway.
In World War I received the following Austro-Hungarian decoration: Signum laudibus in Bronz and Silver, Military Merit Cross 3rd Class, Order of the Iron Crown 3rd Class. The Republic of Austria granted no the Military Merit Order.
In World War II I was decorated with the Iron Cross 1st Class and 2nd Class (Clasp) with the Knights Cross of the Iron Cross and the German Cross in Gold.
I am married and childless and my wife never was a Party member. I never belonged to the "ILLEGALS" in Austria and I always was true to my oath as an officer. I never belonged to the National Socialist Party, neither in Austria nor after the Anschluss. I have no party decoration.
I have made this statement voluntarily without any promise of reward and I was neither threatened nor compelled to do so.
I have road carefully each of the three pages and countersigned them with my own hand, have made the necessary corrections in my own handwriting and countersigned them with my initials, and I herewith declare under oath that all facts stated by me in the above affidavit are the entire truth to
MR. FENSTERNMACHER: I think the remainder of the document also need not be read. Signed Boehme. The following document which begins on page 62 of the English and page 40 of the German, is a Service Record of General Franz Boehme. It is Document No. NOKW 1560 which becomes Prosecution's Exhibit No. 52. I think most of it also need not be read since it simply outlines his career, which he also outlines in his own affidavit, but on page 64, of the English and on page 50 of the German are some recommendations from various other German Commanders who commanded General Franz Boehme, and I think it will throw some light on the nature of this man which Fieldmarshal appointed to suppress the revolt in Serbia. On the 22nd of February 1941 Fieldmarshal Weichs said, "Quiet, considered, intelligent, always considerate in furthering the educational position of the subordinate divisions. For his especial adaptation for higher position not yet be disregarded". Then General Dietl in a private letter of 1 September 1943 to the Chief of the Personnel Office says, "Dependable, adaptable troop commander.
Good head. Have not yet learned to know him under large-scale battle conditions. Has to show yet whether he possesses, in long-enduring, largescale battle, necessary severity and the considered leadership qualities above the level of corps. At the present time, therefore not yet adapted for army commander. Considering his knowledge of languages, especially adapted for employment in the Balkans." Then, later on, on the 10th of January 1944, Dietl again says of Boehme, "Has served well as commanding general. No opportunity was present for employment under major and heavy fighting conditions. Very active and adaptable leader. Sometimes somewhat nervous and irritable. Could, as senior commander, be somewhat more generous at times. Especially adapted for employment in the Balkans."
We can now pass to the next document which is on page 67 of the English, and page 52 of the German. If there is any document that is basic in this case, it is this document which we are now about to introduce, NOKW 258, which becomes prosecution Exhibit No 53. This is Field Marshal' Keitel's directive of 16 September 1941 for the suppression of the Communist insurgent movement in the occupied territories. You can see from the distribution list which appears on page 69 of the English and on page 53 of the German that it went to the units operating in Serbia under the command of Field Marshal List. It went to the Corps Command, 65. It went to the 342 Jaeger Division, and it went to the 125 Infantry Regiment. The document originates from the Fuhrer's headquarters, dated 16 September 1941. Forty copies were distributed of which this is the second.
1) Since the beginning of the campaign against Soviet Russia-communist insurgents movements have broken out. The forms they take have increased from propanganda measures and attacks against individual members of the Wehrmacht to open revolt and widespread band warfare. It is established that it is a question of centrally directed mass movement which also must be made responsible for minor isolated incident appearing in territories quiet up to now.
In view of the manifold political and economic tension in the occupied territories one must also assume that nationalists and other circles will exploit this opportunity to cause difficulties for the German occupation power by joining the communist revolt.
In this way an increasing danger for the German conduct of the war arises which shows itself at first in a general insecurity for the occupation units, and which has also led to the transfer of forces to the main places of unrest.
2) Measures taken up to now to counteract this general com munist insurgent movement have proved themselves to be inadequate.
The Fuehrer has not ordered that severest means are to be employed in order to break down this movement in the shortest time possible.
Only in this manner, which has also been applied successfully in the history of the extension of power of great peoples can quiet be restored.
3) The following directives are to be applied here:
a) Each incident of insurrection against the German Wehrmacht regardless of individual circumstances, must be assumed to be of communist origin.
b) In order to stop these intrigues at their inception, severest measures are to be applied immediately at the first appearance, in order to demonstrate the authority of the occupying power, and in order to prevent further progress.
One must keep in mind that a human life frequently counts for naught, in the affected countries and a deterring effect can only be achieved by unusual severity. In such a case the death penalty for 50 to 100 communists must in general be deemed appropriate as retaliation for the life of a German soldier. The manner of execution must increase the deterrent effect. The reverse procedure--to proceed at first with relatively easy punishment and to be satisfied with the threat of measures of increased severity as a deterrent does not correspond with these principles and is not to be applied.
d) Indigenous forces generally will fail in the execution of such violent measures. Their reinforcement brings with it increased danger for our own units and consequently must be avoided.
However, premiums and rewards for the population may be employed to a large extent, in order to insure their assistance in appropriate form.
The document is signed "Keitel."
The scene now shifts in time to September, October, November, and December, 1941, and to the activities of General Boehme in Serbia in suppressing the insurrection movement. We would like now to introduce a document which I an not sure is yet in Your Honors' document books.
This will be an insertion for your Honors' document Book. There should be an insertion for page 69-A and 69-B and for the German insert it should be page 63-A and 63-B, No. NOXW-1041.
THE PRESIDENT: Just a minute, please. May we wait until they have been distributed to German counsel?
MR FENSTERMACHER: Document Book II, NOKW-1041, which becomes prosecution exhibit No. 54, it is again an affidavit of the deceased General Boehme and it explains the command jurisdiction which existed in Serbia prior and after he arrived there as representative of Field Marshal List. The affidavit is dated Nurnberg, Germany, April 11, 1947.
I, General Franz Boehme, swear and depose:
I came to Serbia in September 1941. My title was: Plenipotentiary Commanding General of the 18th Army Corps. Duties assigned to mo were:
1. securing traffic on the main line and on the Danube, 2. Securing the operation of three mines, 3. Liberating the country from the partisan plague and reconstituting quiet and order with the aid of the forces which were to be brought up.
When I arrived in Serbia, General Rader was there. He commanded 4 Divisions which according to my recollection were numbered as follows: 704, 714, 717, and 718. When I arrived in Serbia General Bader with his four divisions, were subordinated to me though General Bader continued in command of them. Naturally, General Bader knew the situation in Serbia better than I did, so that I did not object to the fact that he remained to a great extent independent in directing the operations.
I received the evening and morning reports from him, daily, so that I was well informed regarding everything he did. General Bader fully appreciated his relationship of subordination to me. Later two more divisions, the 342nd and 113th Divisions came to Serbia which I took over. General Bader never had anything to do with these two divisions. All reports to the 12th Army went via myself.
After my arrival, General Bader no longer sent reports to the 12th Army.
When I arrived in Serbia, General Danckelmann was still there. At that time General Danckelmann bore the title: Military Commander in Serbia. After my arrival he remained in Serbia for about two to three weeks. During that period he had no combat units under him but only some Administrative troops. I cannot recall to whom he turned over these Administrative troops when he left. When I departed, I turned over my functions to General Bader who then carried the title Commanding General and Commander in Serbia.
Following is the jurat of General Boehme. I think if Your Honors will turn to the information folder which the prosecution prepared for you, to Chart B, you will have a graphic description of the command relationship which existed in Serbia for the period September 1941 through December of 1941. You will note that Field Marshal List is in charge of the 12th army as the top command in Southeast, that under him he has Plenipotentiary Commanding General in Serbia Boehme who was simultaneously Commander of the 18th Mountain Corps and who had subordinate to him two divisions, the 113th and the 342nd Division.
We have also tried to indicate the subordination of General Bader as the Troop Commander of the 65th Special Corps Command and as Com manding General in Serbia to General Boehme with the various divisions under General Bader.
The next document is on page 70 of the English, on page 54 of the German. It is Document No. NOKW 456 which becomes prosecution Exhibit No. 55. This is an order of General Bader as Commander of the Higher Headquarters, Special Corps Command 65, to his subordinate unit, the 125th Infantry Regiment, and it is dated September, 1941. Only the third paragraph of the order seems material.
"Severest measures are to be taken. Localities showing resistance are to be blocked off and to be burned down." Signed Bader, General of Infantry.
Our next document is on page 71 of the English, page 55 of the German. Document NOKW-1078, prosecution Exhibit 56. It is a report of the Military Commander in Serbia and it relates from a German viewpoint the various insurgent groups which were operating in Serbia to the prejudice of German oppational sucurity. It is signed "For the Military Commander in Serbia," who at that time was General Danckelmann by Danckelmann's chief of staff Lt. Col. Gravenhorst. It originates in the headquarters of the Commander of Serbia in Belgrade, dated 16 September 1941.
With regard to the insurgent movement which increases daily and whose increase is caused by temporary military victories by the insurgents, a counter-attack can only then be carried out successfully, if one is able to distinguish friend from foe, that is the guilty from the not guilty. The development of the insurgent movement was in short the following:
a) The usual band disturbances known for decades in the Balkans
b) The beginning of reinforced Communist agitation and Communist outrages to destroy the German supplies at the start of the war with Russia.
c) Organization of Communist band (partly under military leadership.)
d) Incited by partly successful fighting by the Communists, the national Serbs are organizing fighting units against the Germans.
e) Union of Communist and National bands.
f) Active fighting of both bands (partly united) against the German Wehrmacht.
In the Southeastern part of Serbia in the area of the Administrative Sub-Area Headquarters Nisch, apart from the bands fighting against the Germans there are also national-Serbian bands of Kosta Pecanac. The latter with his people stands behind the Serbian government and supports the German occupation troops and the Serbian government with the idea of protecting the country from civil war.
The Administrative Sub-Area Headquarters Nisch has permitted the followers of Kosta Pecanac to carry arms. The weapons however are only to be carried openly. The followers of Kosta Pecanac are mostly in uniform and in possession of identification cards which identify them as members of the Kosta Pecanac group. They are the only acknowledge Chetniks. They want to fight the Communists and in several cases are said actually to have fought against them.
South of Nisch we also find the hitherto pro-German Komitacis.
The treatment of these two groups is to be such that they will continue to have confidence in the German leadership and will destroy Communism in their own ranks on their own initiative. Attention is called to the decree of the Administrative Sub-Area Headquarters Nisch No. 353/41 secret, dated 11/9/41: "Relations towards the Chetniks".
In contraction to this, we find bands in the insurgent district between the line Obrenevac-Cacak-Mitrovica and the Drina (the Save-Drina band incl.) some of whom call themselves Chetniks too but who did not subordinate themselves to Kosta Pecanac nor to the Government. The fights near Loznica and Krupanj as well as single enemy operations West of Uzice and near Mitrovica have proved clearly, that these bands are at one with the Communists and face us armed and openly as enemies.
It must be made definitely clear to the unit, that, in this district, every Serb, (the gendarmerie and the finance post excepted) who is apprehended carrying weapons or who supports Communist or other bands is our enemy and is to be destroyed.
The Communist and Serbian bands camouflaged as nationals, who are hostile to us in the insurgent district, have recently organized themselves in such a fashion that one can already speak of enemy organizations. Their military structure is composed of companies and battalions which are frequently under the responsible leadership of former Serbian officers. The armament is distributed in such a manner that each company disposes over an equal amount of weapons. In one company one noticed up to 71 machine guns. The presence of numerous heavy machine guns has been confirmed. There are still numerous unarmed people in the individual companies who as relief take over the weapons from time to time.
In Serbia's other districts the situation at present is so, that up until now only Communist bands face the German Wehrmacht as enemies there.
By reason of the order dated 13 September "Instruction of the Communist party of Serbia for guerrilla warfare" distributed to all offices and troop units within the jurisdiction of the Commander of Serbia as well as its supplement by additional available orders for service within the companies and battalions, one has to reckon with the fact, that in the insurgent district especially we are now facing an enemy who is well organized to the last detail.
For the Commander Serbia (signed) Gravenhorst Lt. Col, General Staff The next document begins on page 75 of the English, page 65 of the German, No. 3150 and becomes Prosecution Exhibit 37.
These are again extracts from the situation report from the Chief of Secret Police and SD. Most of the material contained in the actual document is not of interest to us but there is a section on Serbia which reads as follows:
The Chief of the Einsatzgruppe of the Security Police and the SD in Belgrade reports:
In reprisal for the murder plot on a German soldiers 50 persons convicted and known Communists were shot to death on 16 September.
Additional numerous acts of sabotage against railroad and telephone lines.
The mopping up of the area Belgrade-Valjevo by a re-enforced infantry regiment starts of 16 September. The supply for Valjevo is under way again by use of detours.
The Serbian Prime Minister in a radio speech requests the laying down of arms and cessation of the acts of sabotage.
Situation in Croatia particularly in Bosnia is tense.
In Zagreb bomb attacks on telephone installations.
Southeast of Karlovac destruction of railroad stations.
Bands are massing on the road Deboj-Tusla.
THE PRESIDENT: May I interrupt just a moment, please. I observe that some of the interested parties in the courtroom are feeling the effects of the weather. Inasmuch as it is important for all parties concerned, those who are particularly affected, I would suggest that, including the court, everyone stands up at a recess, what we would call in America, a seventh inning stretch.
You may be seated.
Our German associates here may not have understood the reason for that. I noticed that someone was getting sleepy in here and if we just change our posture a little bit it might be beneficial to all concerned. It may be a little unusual but what we are interested in is that everyone keeps awake and that we proceed in a manner here which will result in benefit to all concerned.
You may proceed.
MR. FENSTERMACHER: Prosecution Extract of page 77 of the English, 51 of the German, NOKW 1222, becomes Prosecution Exhibit This document again reveals how the German Army knew the enemy they faced were expertly organized into regular military units and were not isolated bands. It is an order of General Bader as Commander of the Special Corps 65, dated 18 September 1941. The order itself is for the mopping up of the Save band Vest of Sabac and for the encircling of the Cer mountains.
DR. LATERNSER: Mr. President, I object to the submission of this document. At the bottom of this document there is a place left for the signature. This place is not filled in. The document, therefore, though it had room provided for the signature, was not signed. I say that it has not been signed because it was handled otherwise. It is a draft which has not been signed. For that reason I request that it be rejected, especially as it can be established here that it was prepared for signature but this signature for reasons which are not known to me, was not given. That would have to exclude the possibility of using this piece of paper as a document. I ask the court to take note of this document in order that the Tribunal may see that the signature was not given.
MR. FENSTERMACHER: Your Honors. might be interested in actually seeing this document. It is true that the document is not signed but that its present condition is the way it was found in the captured files of the German Army and we think it should be accepted for whatever probative value the Tribunal wishes to give it.
DR. LATERNSER: Mr. President, may I add that this is an operational order in this case. Operational orders of a military nature, as is well known, are always secret. This order did not receive the degree of secrecy because it was only being prepared. It would have received a secret number because no military order is without number and this confirms me in my view that it is here a case of mere preparations. I request that this document be rejected. This morning I have already said that not everything which has been captured is a document.