Paragraph 2: "It ought not be translated" according to martial law" as there is a difference between "standrechtlich" and "kriegsrechtlich" -- and the last word is spelled "k r i e g s r e c h t l i c h".
Paragraph 3: "'Standrecht' may be a peacetime emergency measure. 'Kriegsrecht' is not."
And the communication is signed: "Noah J. Jacobs, Chief, Translation Branch, Language Division."
MR. DENNEY: I thought this was a German copy but it is English. Perhaps we better have the translator read the translation in unless Dr. Laternser would like to try his hand at being a translator.
THE PRESIDENT: With all due respect to Dr. Laternser, possibly it would be better if we had the translator read it in the German, Is that agreeable with you, Doctor?
DR. LATERNSER: Yes, your Honor.
Your Honor, I would like to add something. It would be perfectly correct if, instead of under figure "2", the word "Kriegsrechtlich (marital law)" would be "kreigsgerichtlich." (Court martial)
THE PRESIDENT: Very well, we will give consideration to the Doctor's interpretation.
MR. DENNEY: In view of the letter which has just been read into the record, it would then seem proper to rechange the item on page 15 of the English and page 12 of the German, Document NOKW-955, which is Exhibit 266; and the word in the German "standrechtlich erschossen" so that should be "shot to death after having been sentenced by summary court martial. I believe Dr. Laternser is nodding his head in agreement.
THE PRESIDENT: Dr. Laternser has so indicated his approval and the record may so show.
MR. DENNEY: Turning then to page 22 of the German and page 26 of the English, NOKW-978, which becomes Prosecution Exhibit 269 in evidence, there is an order from the First Mountain Division to its various subordinate units, which appear on page 23 of the German and 28 of the English, with reference to reprisal measures against insurgents. It is dated 8 April 43, top secret -
THE PRESIDENT: Should that not be the 26th of the English?
MR. DENNEY: Yes, your Honor, I am sorry. The distribution list was on 28, Your Honor, that's what I was referring to.
Top Secret, 14 copies, of which this is the third copy, which went to the Anti Tank Detachment, which was part of the Division:
Subject: Reprisal measures against Insurgents.
1.) Whosoever is found
a) in Combat Actions with weapon in hand.
b) as helper of Insurgents or
c) in acts of sabotage is to be shot to death or hanged on principal on the spot.
Leaders, political commissars and couriers are to be delivered to the Ic Department of the Division and will be shot after interrogation."
I would like again to direct the Court's attention to the Political commissar item.
2.) Whosoever is suspected of belonging to an organization of Insurgents or of aiding and abetting or of having aided and abetted Insurgents is to be arrested and to be delivered to the Commander of the Security Police. This latter clears up the matter and takes the necessary further steps.
3.) If during a military operation ordered by the Division a person is found in unauthorized possession of arms (firearms and explosives of all kinds), he is to be regarded as an aid of the insurgents and is to be shot to death subsequent to an examin ation of the facts by the competent Company Commander.
In doubtful cases he is to be transferred to the Ic Department of the Division who, after clearing up the matter, decides on further steps - and depending on circumstances he decides for a court martial."
I should like to direct the court's attention here to the fact that a different staff officer is directed by the division commander as one who can determine whether or not someone will be court martialed.
4.) Burning down
a) The burning down of buildings during combat action may only be done on orders of an officer.
b) The burning down of houses after and outside of combat actions is a measure of reprisal. For the latter the authorization of the competent". Commander of Administrative Sub-area is necessary. In no case may entire villages be burned down senselessly, if the houses of the helpers of bandits or of the guilty are known. In this case only their houses, (i.e., the known malefactors) are to be burned down.
c) Before the houses are burned down all economic goods and supplies are to be secured by Special commandos and are later to be utilized appropriately. The impression of plundering must be avoided under all circumstance. The penal aspect of the measure must be expressly brought to the attention of the population and the local Serbian authorities.
d) The male population of the houses burned down are to be used either as reprisal prisoners or will be deported to work. In no case may they remain in the country as casuals.
5.) Principals respecting the execution of the reprisal law
a) Reprisal measures are being taken for:
aa) Any attempt against the body and life of a German or German national, a member of the Bulgarian Occupational Corps or any person in the service of the Occupying power, as well as the members of the Serbian government, and other leading Serbian officials and the officers of the Serbian State Guard, provided, that the perpetrators are not arrested inside of 40 hours and that the attempt (which must have caused wounds or deaths) was made for political reasons, bb) every attempt against installations vital to the war effort especially means of transportation and arteries of traffic, communications industrial organizations and supply plants presupposing that damage was caused and that the perpetrators could not be arrested inside of 48 hours.
b) Quotas of reprisal measures:
For 1 German or Bulgarian killed 50 reprisal prisoners are to be killed.
For 1 German of Bulgarian wounded 25 reprisal prisoners are to be killed.
For 1 otherwise protected person killed 10 reprisal prisoners are to be killed.
For 1 otherwise protected person wounded 5 reprisal prisoners are to be killed.
c) For the carrying out of measures of reprisal the Administrative Sub-area Headquarters are competent, and after the decision of the Commanding General and Commander in Serbia, they will take the necessary steps. All officers having to do with the carrying out of measures of reprisal are to address themselves to the competent Administrative Sub-area Headquarters."
This is type signed in draft by von Geitner, and the certified copy is signed with an illegible signature who is a major in the General Staff Corps.
The distribution continues over on to the next page.
Then on page 24 of the German, and page 30 of the English, NOKW-866which becomes Prosecution Exhibit 270, these again are more instructions of the First Mountain Division with reference to the turn over of captives and others.
This is dated 20 April 1943, and is entitled, "Special Directives Pertaining to Intelligence Work Ic - Gobiot":
1.) Cooperation with officers:
The following maintain constant contact . . . . . . . . . . .Group Dauner:
With SD branch Office Counter-Intelligence office in Nowi Pazar, with all frontier guard stations along the line of demarcation, with the local police offices (simultaneously Serbian State Guard) as well as with the 24th Bulgarian Division in Kraljevo.
. . . . . . . . . . .
2.) Counter Intelligence:
a) Relation to the civilian population:
In the present operational area of the Division, the enemy has an excellent net of confidential agents at its disposal. The majority of the population sympathizes with our enemies and with the various insurgent groups. The Serbian Administrative apparatus and the legal Serbian security formations (Serbian State Guard, Serbian Volunteer Corps) are only hypothetically reliable. That is why secret protection assumes increased significance!
In relations with the whole indigenous civil population, the greatest reserve and mistrust is suitable. Any contact with civilians is to be avoided. Volksdeutsche also are not absolute ly reliable."
. . . . . . . . . . . .
b) Authorization by the Division is required for (1) Disarming of Serbian Legal units (Serbian Volunteer Corps Serbian State Guard) (2) The arrest of Serbian officials (mayor, district president, area president).
c) Prisoners and captured material.
After a telephone communication with the Divisional Ic., all arrested bandits and suspected civilians are to be transferred to the competent SD for further interrogation after having been interrogated regarding tactical measures. In important cases, an officer is to attend the interrogation by the SD. Copies of all interrogations are to be requested, and be sent immediately to Division/Ic. Executions arc permissible as a matter of principle only after the interrogation since otherwise valuable ressources of interrogations will be lost!
Leaders, political commissars and Russians are always to be transferred to the SD."
And there again we have another reference to the political commissars.
"All prisoners are to be searched thoroughly for captured documents. These are to be handed over the SD with the arrested person.
. . . . . . . . . . . .
3.) Propaganda:
All units are to receive thorough instructions regarding the order of the Commanding General and Commander in Serbia dated 30 March 1943, "Basic order regarding active propaganda" and "Basic principles of propaganda, Apr. 1943" Unification of propaganda must be guaranteed so that each Serbian always hears the same from every German soldier. The main attack of the pro paganda is to be put on the territory settled by Serbs.
The allotted posters and leaflets are to be distributed as quickly as possible as far as the remotest villages.
Experiences, suggestions, requests pertaining to propaganda, confirmations regarding enemy propaganda, as well as particular observations regarding the morale of the civilian population, are to be reported currently to the Division/Ic. Summarized report on the 15th of each month (Regiments and independent Battalions)" Typed at the bottom is:
"Signed in draft von Stettner" Then the enclosures contain an order regarding the active propaganda in April, and propaganda with reference to an absence without leave and desertion, and the distribution:
"Regiments and Independent Battalions" and the note to the first distribution, -- the enclosure rather, - it is to go down to the companies, and the illegible signature of a First Lieutenant is signed.
Then on page 34 of the English, and 26 of the German, NOKW-1395, which become Prosecution Exhibit 271, these are a series of orders from the Commanding General and Commander in Serbia, for early April, 1943. Here is one about the middle of April.
The first one is dated 2 April, to the Administrative Sub-Area Headquarters 610.
"Administrative Sub-Area Headquarters 610 As reprisal for the raid on 27 to 28 March on the Station Barosava, for the destruction of the telephone installation and the switches, 10 Communists are to be shot to death.
The execution is to be reported and a copy of the publication is to be enclosed."
The next one 2 April 1943, again from the Commanding General in Ser bia to the same Administrative Sub-area Headquarters:
"On 24 March the frontier guard detachment Mocioci was disarmed by the band of Javorski. From the interrogation of members of the frontier guard who have returned in the meantime it has been learned that the villages of Mocioci and Praseka gave quarters and food supplied to the band of Javorski and also in other matters showed them definite signs of sympathy.
Le Liaison official of the customs border guard suggests,
1.) The arrest of the persons who as a result of the statements are known to be helpers of the bands,"
2.) Burning down of the houses of the persons in question,
3.) Evacuation of the entire male population of both places and their utilization as reprisal prisoners or for labor.
In agreement with the 24th Bulgarian Division, the proposed measures are to be examined and the intention to carry them out is to be reported.
For the Commanding General and Commander in Serbia The Chief of General Staff Signed "Geitner" Here is a signature of the defendant, Geitner, and I would also direct the Court's attention to the first page, and the small mark to the right of the last typed material there.
The signature appears on the second page, if your Honors please.
MR. DENNEY: Now, here's a signature of the Defendant Geitner, and I will also direct the Court's attention to the first page and the small mark to the right of the last typed material order. The signature appears on the 2nd page, if Your Honors please. (Sending copy forward). I would like to have it back if I may, when you get through with it, Dr. And it's to be noted here that the information goes to the Liaison official of the Customs Border Guard. The body of the letter itself makes these suggestions to the Commanding General and Commander in Serbia, and these are being passed down by his Chief of Staff to an Administrative Sub-area Headquarters. And the next communication is one dated 3 April 1943; and this again is from the Commanding General and Commander in Serbia, and its subject is "Burning down of villages and houses. The burning down of villages and houses in the course of combat actions may only be carried out by order of an officer." Now, I don't think there's any reason to read the rest of this because this is the same order that appears, in substance, on Page 26 in this book for the 1st Jaeger Division; the 1st Mountain Division passed this down. And, if Your Honors will look on the distribution list, which appears on Page 36, the second item appearing there is the 1st Mountain Division 3 x. I assume that the "3" means three copies; and, therefore, I don't think that there is any need. The material quoted here is identical with that which is quoted on Page 26, starting on the bottom of the page where it talks about burning down. Maybe it's on the top of the page. No, it starts at the bottom. And it goes on down to Paragraph 4, "The male inhabitants...". And then the quotation is the same. This is signed "Bader". Turning then to Page 28 in the German, Page 36 in the English, 5 April 1943, a communication from the Commanding General and Commander in Serbia, with reference to reprisal measures, to the Administrative Sub-area Headquarters 809. "Cancelling the teletype orders - Ia No. 286/43", that, if Your Honors please, is Page 4 of this book, "of 3 March 1943 and Ia No. 342/43", --this is on Page 8 of this book. The first one is dated 3 March and the other is dated 19 March 1943.
"the shooting to death of 30 Communist reprisal prisoners is authorized for the destruction of the cable car line Majdanpek and the raids on the dairies near Zajecar. The execution is to be reported by 15 April 1943". And the earlier references--the first is a communication which is part of Exhibit No. 264, and the second one which appears on Page 8 is the diary entry for 3 March 1943, which is part of Exhibit No. 265.
"Care must be taken that at all times sufficient reprisal prisoners are available in the reprisal camps. In case the delivery of reprisal prisoners from the current operations is not sufficient, operations for the purpose of bringing in reprisal prisoners in definite bandit areas are to be prepared by the 1st Royal Bulgarian Occupation Corps or by the Police. I reserve to myself approval in the individual case."
MR. DENNEY: And it is signed "Bader".
"Distribution: Commander of the Security Police, German Liaison Officer, 1st Royal Bulgarian Occupation Corps".
MR. DENNEY: Then the 5th of April 1943.
"To Administrative Sub-Area Headquarters 610: For the destruction of the community post office in Rudnik, as well as for the blasting of the railway line near Kriva Reka in the night of 1 April, a total of 30 Communist reprisal prisoners are to be shot to death. The execution is to be reported here and a copy of the publication is to be enclosed."
MR. DENNEY: And then on Page 29 of the German and Page 38 of the English:
"To the Administrative Sub-Area Headquarters 809 Nis of 5 April 1943. As reprisal measure for the murder of the mayor Stojkovic Dobrosav on 25 March and of the village elder Ilica Svetozar on 23 March, the shooting to death of 10 Communists or band helpers for each one is authorized. Commanding General and Commander in Serbia" MR. DENNEY: And then turning to Page 38 in the English and Page 29 in the German still on Exhibit No. 271, there's a communication of April 6, 1943.To Administrative Sub-Area Headquarters 610 As reprisal for blasting of the main railway line Belgrade-Nis between Stalac and Cicevac on 28 March 1943, as well as for the murder of the mayor of Plaskovac on 23 March 1943, 10 Communists area to be shot to death for each offense.
The execution is to be reported and a copy of the publication enclosed.
MR. DENNEY: And then on Page 30 in the German and Page 39 in the English, for 13 April, Subject, "Reprisal Measures," from the Commanding General and signed "Bader", to the Administrative Sub-Area Headquarters 599:
"For the raid on railway station Sirukovo and the murder of head of community there, 20 Communist reprisal prisoners are to he shot dead and for the sabotage of the telephone line between Kucevo and Pozarevac near Zvizd, 10 Communist reprisal prisoners are to be shot dead. The execution is to be reported.
Signed: Bader".
MR. DENNEY: And then on the enclosure, under date of 13 April To Administrative Sub-Area.
Headquarters 610 For the murder of the mayor Erceg, and the community cashier, Blagojevic, of Troponje, a total of 5 Communists and 5 D.M. followers are to be shot dead; for the surprise attack on the mayor, Grujic, of Jasenovo and the destruction of the community telephone, 3 Communists and 2 D.M. followers are to be shot dead; and for the murder of the Major of the Serbian Security Guard, Schubrilo, on 8 April, 10 D.M. followers are to be shot dead.
The execution is to be reported and a copy of the publication is to 1010A be enclosed.
Commanding General and Commander in Serbia.
MR. DENNEY: The "B" is signed, and the information copy goes to the Commander of the Security Police and SD.
1010B Then 17 April, this is a report to the Commander in Chief Southeast and for information to the German General Plenipotentiary in Croatia and for the Commander of the German Troops in Croatia.
"For surprise attacks and cases of sabotage, a total of 80 Communist reprisal prisoners were shot dead." I am advised that the next line does not appear in the original German and therefore it should be omitted.
And then under the heading "Local Administrative Headquarters Belgrade, 10 Communists arrested."
Then at the end appears typewritten "Commanding General and Commander in Serbia," and there is a signature over it which does not appear to be decipherable.
20 April 1943, "Administrative Sub-Area Headquarters 610. As reprisal for the surprise attack on the Morava mines on 13 April, 20 Communists are to be shot dead and their houses burned down. The execution is to be reported and a copy of the publication is to be enclosed. Commanding General and Commander in Serbia." and the large initial "B" is there.
Then on April 15, 1943, this notice which is all typed.
On April 15 1943 the Chief of District Mihajlovic was shot dead from ambush in Erstenik.
The gravediggers of their own people, the bands of Draza Mihajlovic, under the leadership of the bandit Gordic, have again shown their "heroism" by the insidious murder of a defenseless person.
As reprisal for this shameful murder, the following measures were carried out:
1. On April 27 1943, the following were shot dead:
a) Miskovic, Kosta, born on 14 Jan 1904 in Subotica
b) Cvejic, Radoje, born on 25 Sept. 1906
c) Pesic, born on 5 June 1906
d) Crnoglavac, born on 1 Jan 1891
e) Vukovic, born on 13 Nov 1913
f) Tdorovic, Student, born 1920
g) Gordic, born on 22 June 1923
h) Kevic, born on 18 April 1907
i) Milivojec, born on 15 March 1907
j) Ravilic, 15 April 1900 2. A levy of 2,000,000 Dinars to be paid immediately was imposed on the District Trstenik.
3. The male population of the village Novo Selo, which had supported the perpetrators, was arrested.
For every further murder by the Draza organization in the district Trstenik, the arrested will have to atone.
Chief of Administrative Sub-Area Headquarters.
And then over at the left it has "place and date." All of that is typed.
And then turning to page 33, page 42, Document NOKW-1087, which is offered as prosecutions Exhibit 272, this is an enemy situation report made by the First Mountain Division as of 13 May 1943. The entire report is typed.
I. Tito Forces:
. . . . . . . . . . . . . . .
1. 1st Proletarian Assault Division between Lim and Tara, direction of thrust Bijolo Polje -- Berane; parts of forces, presumably the VIth Assault brigade were detoured or flank protection towards the Jakuba Pass and the Kicevo-Mountains.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For presumable organization see attached enemy tables of organization; estimates of strength vary between 3,000 and 4,000 men. Division Headquarters at the present time supposedly at Sahovici.
The Serbian Proletarian Assault Brigade (according to war-time strength it presumably belongs to the 2nd Division): 60 light machine guns, 14 heavy machine guns, 10 mine throwers, 2 mountain guns taken from the Cetniks (according to Italian reports 6-75mm guns.)
2. 2nd Proletarian Assault Division: between Tara and Piva, direction of thrust: Kolasin.
. . . . . . . . . . . . . . . . . . . . . . . . . .
For organization see attached enemy Tables of organization. Strength between 3000 and 4000 men. Division Headquarters at Savnik.
3. 3rd Proletarian Assault Division: has also stopped its attacks against Niksic.
. . . . . . . . . . . . . . . . . . . . . . . . . .
The Tito units are organized according to Soviet pattern, units comparable to regular units. The leaders ruthlessly enforce the orders given. In the battle with the Draja Mihajlovic forces Tito's forces have fully proved their value. By being increasedly subjected to propaganda and be the allocation of Political commissars they have been made fanatical. And here again we have another reference to the Commissars.
As a rule Tito avoids an open battle and prefers the tactics of guerilla warfare. On principle any major operation is only started after a thorough reconnaissance. Surprise attacks on fortified villages are preferred. It must be taken into consideration that already in the preceding days red forces are smuggled into the villages to support the operation. Equipment with weapons can be regarded as being sufficient. Special attention is called to the considerable allocation of automatic weapons with regard to artillery, guns are only available in a few cases. The supplementing of the supply of weapons by constant surprise attacks on small groups is being attempted.
Clothing is bad. The uniform of the Croatian Reserve is most generally worn, then there is the Jugoslavian Army uniform, and also the Italian and sometimes German uniforms. The leaders prefer the Soviet field cap.
II. Since the defeat in East Bosnia the forces of Draja Mihajlovic are constantly retreating. Several attempts to establish a cohesive defense line along the Drina and Piva are to be regarded as frustrated. The units which are led without uniformity have fought badly. Desertion of entire Mihajlovic groups to Tito has occurred constantly. Reports about disagreements and political undermining on Muhajlovic' s side persist stubbornly.
The Draja Mihajlovic forces can only be regarded as fighters worthy of consideration in their home areas. They are legalized by the Italians and have so far carried out combat missions according to their bidding. Equipment with heavy weapons is completely insufficient, the number of rifles is supposedly not sufficient for the fighters available. Civilian clothing is preferred, as a special sign of recognition a beard is worn.
III. The mode of fighting of both groups will again be guerilla warfare. Split up into small bands or camouflaged as refugees, they will attempt to squeeze through the difficult mountain terrain whereby above all a knowledge of the villages and country will be a valuable aid to the Communist brigades from Montenegro. Surprise attacks against weak parts of units, attacks from an ambush, and above all operations against supply lines are to be expected constantly.
Then turning to page 38 of the German, 45 of the English Document NOKW-870, it is offered as prosecution's Exhibit 273. This again reports from the First Mountain Division to the Commander of German Troops in Croatia. "Division Command Post 14 May 1943." Information copies go to the Commanding General and Commander in Serbia. This is a new report and does not appear in the German.
Liaison Unit reaches Kolasin at 0845 hours. Major Djurisic and Chief of Staff captured. Up to now about 500 Cetnik prisoners. So far no resistance . . . . . . . . . .Further intention of the Division depends on expected mission according to telephone conversation with Ia Brod on 14 May 0930 hours.
It is signed by the 1st Mountain Division/Ia" Next page new report, "98 Grenadier Infantry Regiment:
11.55 hours. 63 officers, 1400 Cetnik prisoners, 60 Communists." And there is an illegible initial which follows.
Then for the 14th of May, again to the Commander of German Troops in Croatia, copy to the Commanding General and Commander Serbia, evening report for that day: "Prisoners; 1980 Cetniks disarmed including more than 50 officers. 60 to 80 dead Communists." Then again from the First Mountain Division and over to the left is the signature of a Corporal.
Page 41 of the German and 47 of the English, this is an order from the Commanding General and Commander in Serbia and the report to the Commander-in-Chief Southeast by him,-- that is, by the Commanding General and Commander Serbia. This is Document NOKW-343, which in the prosecution offers as Exhibit 274 in evidence. Apparently the pages are reversed in the German book. The shorter note appears second in the German and first in the English. We will take first the 21 May note to the Administrative Sub-Area Headquarters 816, Sabac.
"250 DM followers, if possible from within the area of the Administrative Sub-area Headquarters, Sbac, are to be shot to death in further retaliation of the murder of 5 and the wounding of 6 members of the R.S.K. (Russian Protective Corps) west of Baljevo, Valjevo it should be in your Honor's book, on 19.5.43. The carrying out (of the measure) is to be reported, enclosing copy of the publication.
Commanding General and Commander in Serbia (initialed) b" Then on May 16, 1943, the Commander-in-Chief Southeast, information copy to the Commander of German Troops, Croatia, and the German General Plenipotentiary in Croatia, report for the same day, 16 May.
"104th Jaeger Division:
"3) Serbian corn requisitioning detachment attacked 6 km south of Belgrade, 2 dead, 6 wounded.
"4) 150 Communists shot to death in retaliation for German soldiers and SS men murdered near Smederevo on 22.4.
"1st Royal Bulgarian Occupation Corps:
"1) 3 German customs officials murdered by Communists south of Leskovac.
"3) 6 Communists shot to death by auxiliary police respectively SS in Arandjelovac and Kraljevo.
"Ic Report:
"In the area 13 to 15 northwest of Bajina-Basta band unit said to be 500 DM men at the moment.
"DM band of Jankovic, 300 men strong, temporarily occupying Cuca (near Cacak). 6/S Nova Varos Chetnik group moving northeast. Leader said to be Masan Djurovic.
"to 3) Communists: 156 dead (of which 150 reprisal shootings to death), 1 wounded, 14 arrested; DM men: 6 arrested.
"Commanding General and Commander in Serbia, Ia."
And then there is an illegible signature.
Now, Document NOKW-341, which is page 42 in the German and page 51 in the English, is offered as Prosecution Exhibit 275. Now, in this document, although the typed part at the bottom says "illegible", I believe if Your Honors will compare it with some prior Bader signatures it will be apparent that both this and--- I should like to hand the Court Exhibit 271 in evidence, which has the signature of Bader on it, and also on this exhibit. Exhibit 275, and ask the Court to compare these. It is the prosecution's contention that on both of these, Exhibit 271 and Exhibit 275, is Bader's signature. Perhaps counsel for the defense would like to take a look at this.
This is to the Administrative Sub-Area Headquarters 610, and has to do again with reprisal measures.
Before we proceed here, I would like to pass this up to the Court again, and direct their attention to the small figure which appears on the first page, and the second just above the last letter of Bader's signature.
THE PRESIDENT: When referring to this, counsel, what is the exhibit?
MR. DENNEY: Exhibit 275, Your Honor, the current exhibit.
THE PRESIDENT: What is your claim for this?
MR. DENNEY: I am just calling the Court's attention to the initial above which we submit is the defendant Geitner's. It appears just above the letter "r" in Bader, and just to the right of the figure 596/43.
"Subject: Reprisal Measures.
"1) A total of 100 DM hostages is to be shot to death in retaliation for the murder of 3 members of the R.S.K. (Russian Protective Corps) near Konarevo (7 km west southwest Kraljevo) by the band of Keserovic 23 May, for wounding a member of the R.S.K. (Russian Protective Corps) near Ivanjica on 11.5. and for the murder of 2 members of the S.F.K. (Serbian Volunteer Corps) near Vezania (18 km southwest of Bajina Basta).
"Since DM hostages are not available at the present time in the camps of Administrative Sub-Area Headquarters 610, they are to be made available from other camps by the commander of the Security Police. Carrying out of the reprisal measures is to be regulated immediately by F. Kdt. 610" --that is administrative sub-area headquarters-- "with the commander of the Security Police (Sturmbannfuehrer Sattler).
"The carrying out (of the measure) is to be reported by Administrative Sub-Area Headquarters 610 to here, enclosing a copy of the publication.
"2) Reprisal measures for the losses of the 9. Russian Protective Corps in the skirmish near Samograd are not to be considered referring to I./1, paragraph 3 of order Ia No. 652/43 secret dated 28.2.43."
And then if Your Honor please, it refers to page 101 of Document Book 10, and that is part of Prosecution Exhibit 263 in evidence, which has to do with reprisal by taking human life, and is a communication of 28 February 1943 from Bader setting up the same policy throughout the area, and the distribution list was read by Mr. Fenstermacher.
That was the last document in the prior document book.
And then the last page of this exhibit, the communication to Administrative Sub-Area Headquarters 809:
"150 Communist hostages are to be shot to death in retaliation for the murder of 3 members of the German customs border guards near Vucje on 15.5.43.
"Since there are no Communist hostages available at present in the camps of Administrative Sub-Area Headquarters Nisch, they are to be made available from other camps by the commander of the Security Police."
And I would just like to direct the Court's attention here to the fact that there is no hostages in one place, so the security police take them from another place.
"Details regarding the carrying out of the execution are to be arranged by Administrative Sub-Area Headquarters 809 directly with the commander of the Security Police (Sturmbannfuehrer Sattler). Carrying out of the reprisal measure is to be reported here by the Administrative Sub-Area Headquarters 809.
"2) The hostage shootings ordered by teletype as follows are not to be carried out:
"F.S. Ia No. 475/43 dated 22.4.43 490/43 dated 27.
4.43 510/43 dated 3.5.43 525/43 dated 5.5.43 "Commanding General and Commander in Serbia.
"After release:" To the "Commander of the Security Police."
THE PRESIDENT: Are you taking up a new exhibit?
MR. DENNEY: This is a new exhibit, yes, Your Honor.
THE PRESIDENT: It is just within a minute or two of our adjournment period. We will adjourn at this time until 9:30 tomorrow.
(The Tribunal adjourned until 0930 hours, 29 July 1947.)