We were concerned yesterday particularly with the events in Croatia and during that period, your Honors will recall, that in Croatia at that time, General Rendulic was Commander in Chief of the 2nd Panzer Army, and that the defendant, General Dehner was subordinate to the General Rendulic, as Commander of the 69 Reserve Corps and in November 1943 the defendant Leyser also became subordinate to the defendant Rendulic as Commander of the XXI Mountain Corps.
Turning now to page 39 of the English, page 27 of the German Document Book, NOKW-739, it is offered as Prosecution Exhibit 321. These are two extracts from enclosures to the War Diary of the 21st Mountain Corps, for the period 26 August to 30 September 1943. The entry for the 13th of September, 1943: "Commander in Chief Southeast," and your Honors will recall that at that time the Commander in Chief Southeast was also simultaneously Commander of the Army Group F, was the defendant von Weichs.
"Commander-in-Chief Southeast orders the execution of General Roneaglia, Italian XIVth Corps, for his disobedient attitude in case deportation to Belgrade, is not guaranteed. Corps Headquarters instructs 118th Division to send General Roneaglia immediately to Belgrade under guard."
"1620 hrs Report to 2nd Panzer Army on changes in the departure plan of the Italians in compliance with proposal by Army. 118th Jaeger Division receives the order to send General Roneaglia immediately to Belgrade under guard."
Court No. V, Case No. VII
DR. TIPP: Dr. Tipp, Defense Counsel for Defendant von Leyser. I believe that the Prosecution made a little mistake just now. This Docment NOKW-739, General Command of the 21st Mountain Corps, at this time, does not refer to the Defendant von Leyser.
MR. FENSTERMACHER: May it please. I didn't say that this document related to the Defendant von Leyser. I simply pointed out that the document was extracts from the War Diary of the 21st Mountain Corps for the period from 26 August to 30 September 1943. I had earlier pointed out that the Defendant Leyser became Commander of the 21st Mountain Corps in November, 1943.
DR. TIPP: Thank you.
PRESIDING JUDGE BURKE: You may proceed.
MR. FENSTERMACHER: Turning next to Page 40 of the English and Page 28 of the German Document Book, Document No. NOKW-727, which is offered as Prosecution's Exhibit No. 322. First is an order from the 21st Mountain Corps to the 118th Jaeger Division, dated 13 September 1943:
"To the 118th Jaeger Division General Roncaglia, Commanding General, Italian XIVth Infantry Corps, is to be shot without delay as a franc-tireur on the basic of illegal conduct reported in the Daily Report of the XXIst Mountain Corps of 13 September 1943, in the event immediate transport to Belgrade is not fully guaranteed."
MR. FENSTERMACHER: This, if Your Honors please, is signed by the Commander in Chief of the Second Panzer Army, who, at this time, was the Defendant Rendulic; and there is a "Addition of the XXIst Mountain Corps: Transport of General Roncaglia by plane under escort is to be carried out at once. Report of completion is to be directed to Corps Hqs." And the order is signed "XXIst Mountain Corps," by the Operations Corps, Ia officer. And then for the 18th of December 1943 in the War Diary, "1235 hours, the 100th Infantry Division reports..."
DR. LATERNSER: Your Honor, I request to ask the Interpreters to ascertain whether the translation of the order just read to the 118th Jaeger Division is correct or not.
PRESIDING JUDGE BURKE: Proceed. The form followed by the Tribunal will be followed in this matter, if you will hand the transcript to the Interpreter. (Court Page hands papers to Interpreter). Now, Dr. Laternser, if you will indicate the portion of the document on which you wish further explanation.
DR. LATERNSER: I am concerned with the Document No. NOKW-727. That in the English Document Book is on Page 40, at the top; and in the German Document Book, it lies also on the top of Page 28.
PRESIDING JUDGE BURKE: It may be done so. Will you indicate the language in question.
DR. LATERNSER: Thank you, Your Honor. The paragraph starts with "General Roncaglia" and ends with "guaranteed." In this paragraph there is in the second half of a sentence a mistake in the translation, that is, in my opinion. I would like to have a renewed translation by the Interpreters.
MISS SCHAEFFER (German-English Interpreter): I think what Dr. Laternser means is that "widersetzliche handlung" is translated "with illegal conduct." The word shouldn't be "illegal." It should be "insubordinate" or merely "resistance."
DR. LATERNSER: No this is a wrong idea of the interpreter. This part is correctly translated only the second part. The English translation is, "In the event immediate transport to Belgrade is not fully guaranteed." That is correct, but in my opinion "widersetzliche" is an insubordinate attitude and not an "illegal" attitude. There is nothing illegal in being insubordinate, and it can't be assumed immediately that it is illegal. Your Honor, in the German it is being expressed "falls", that is, in the event it is not fully guaranteed, and this sentence should, in my opinion, be started with "if" or "when"; it is not correct.
MR. FENSTERMACHER: Your Honors, please, I don't think Dr. Laternser should argue with the interpretation given by the Interpreter.
PRESIDING JUDGE BURKE: Do I understand that you disagree with the Court No. V, Case No. VII.
interpretation given by the Interpreter for the disputed question or item?
MR. FENSTERMACHER: Are you addressing me, Your Honor, or Dr. Laternser?
PRESIDING JUDGE BURKE: I am addressing Dr. Laternser.
DR. LATERNSER: When the words "in the event" mean the same as "if" or "when" then I agree.
MISS SCHAEFFER (German-English Interpreter): "In the event" is perfectly correct.
PRESIDING JUDGE BURKE: Is that quite sufficient, Dr. laternser?
DR. LATERNSER: Thank you.
MR. FENSTERMACHER: Continuing now on the bottom of Page 40 of the English and Page 28 of the German with the entry from the War Diary for 18 September 1943, "1235 hours, the 100th Infantry Division reports: Order to the divisions concerning treatment of Italian troop units who deliver up their weapons to insurgents. Officers are to be shot by court martial; transport to the East for labour service is stipulated for NCOs and men." Turning next to Page 42 of the English, Page 29 of the German, is Document No. NOKW-916, which is offered in evidence as Prosecution's Exhibit No. 323. This, if Your Honors please, is a quite important order. It's dated Fuehrer Headquarters, 15 September 1943. It related to the:
"Basic Policy Concerning the Treatment of Soldiers of the Italian Armed Forces and of the Militia.
All previously issued orders concerning the treatment of soldiers of the Italian armed forces of the Militia are herewith rescended and the following is ordered:
I. Basic Principle:
Italian soldiers must declare unequivocally whether they desire to continue fighting on our side or whether they wish to participate in the breach of faith of the Badoglio Government."
Court No. V, Case No. VII.
MR. FENSTERMACHER: Your Honors will recall Here that on the 8th of September 1943 the Italian forces surrendered to the Allies, and as the terms of the armistice provided that the Italian troops should return immediately to the Italian Mainland, under orders of their Commander in Chief, Marshall Badoglio.
"Whosoever is not for us is against us and consequently he becomes a prisoner of war. (Irrespective of any German citations of War he may have received.)
"II. One must distinguish three classes of Italian Soldiers including the Militia:
1.) Italian Soldiers faithful to the alliance who
a) wish to continue armed fighting on our side
b) wish to be employed in the order ans security service, in the supply organization of the Wehrmacht units or with the Navy of the Ground Forces of the Luftwaffe without, however actively participating in combat.
2.) Italian soldiers who do not wish to assist us in any way.
3.) Italian soldiers who have resisted either actively or passively or who have allied themselves with the enemy or with bands.
"To 1.) (Italian Soldiers faithful to the alliance):
Italian officers wishing to fight on our side according to 1 a) or 1 b) are to retain their arms, the same applies to non-commissioned officers and men in as far as they are committed in organized formations on newly organized units. The treatment of these Italian soldiers who remain faithful to the alliance is to be one which is completely consistent with their honor.
Their rations are to be based on those of the German; if possible, they are to receive their own kind of food derived from Italian supplies. Until the final completion of the regulation, they are to receive 50% of the German Court No. V, Case No. VII pay corresponding to their ranks.
"A special order will be issued regarding the oath and/or another declaration of obligation by Italian Soldiers loyal to the alliance.
Commitment:
a) Commitment as units limited up to company (Battery, etc.,) strength within German units or by insertion of strong German cadres (for instance, heavy artillery with Army Group B and C-in-C West).
b) Commitment in Militia Units in accordance with detailed directive of Reich Fuehrer SS within Italy as a Police Unit, outside of Italy in the fight against bands. The last named employment may be taken into consideration particularly if the Italian troop units concerned have previously seriously taken up the fight against bands together with us as, for instance, in Istrien. After (the units have) proven themselves, they will also be employed with Security Troop Units."
Then, if Your Honors please, there are certain words which are crossed out in the original. Continuing now in sub-paragraph "d":
d) Commitment as "Italian Voluntary Helpers" within units of our own. The Security requirements of the unit decide the extent and form of this employment of foreign forces. The employment is regulated by 2 a (1) - (4) of the Order concerning indigenous helpers dated 4 February 43." And then, the code number for the order is given. "Italian Voluntary Helpers" can be employed if there is a vacancy in the table of organization.
e) Soldiers of the Luftwaffe, of anti-aircraft artillery and of the air reconnaissance service of the Italian Navy including those who were employed in coastal Court No. V, Case No. VII.
defense, who are willing to fight with us are to be made available to the C-in-C Navy: Naval Soldiers in the sense of this order also include all those employed with coastal batteries committed to fire against Naval targets."
"Employment in accordance with principles a) to c) is prohibited altogether in ares whose indigenous population is of German origin, and in the Croatian and Bulgarian area.
Any additional employment is and remains impossible if troops who have fought against us with force of arms at present influenced by the release of the Duce now declare their willingness (to fight on our side).
To 2) (Italian Soldiers who do not wish to assist us in any way). Italian soldiers who do not wish to be available to continue fighting on the German side are to be disarmed and are prisoners of war. The OKW/Chief of Prisoner of War affairs will take them over first. Regarding their sifting and distribution for purposes of war economy, there is a special directive in agreement with the Reich Minister for War production and armament and with the Plenipotentiary for Labor Employment.
To 3) (Italian Soldiers who have resisted either actively or passively, etc.)
Italian soldiers having actively or passively resisted German measures or having allied themselves with the enemy or with bands are also Prisoners of War. The following directives which are most severe apply to them:
a) By order of the Fuehrer, the following procedure is to be applied to all Italian Troop Units who have let their arms fall into the hands of insurgents or in any way made common cause with the insurgents:
1. The Officers are to be shot to death by summary court martial.
2. Non-commissioned Officers and men are to be transferred to the East for labor employment with AWA/Chief Prisoner of War Affairs and made available to the Army General Staff/Gen. Qu., if possible avoiding transit through the Reich."
b) An ultimatum with a short time limit is to be sent to Italian troops or other armed units still offering resistance at this time.
(This ultimatum) is to make it clear that the Italian Commanders responsible for the resistance will be shot as franc-tireurs unless they have ordered their troops to surrender their arms to the German units before the time limit expires.
If your Honors please, I should like to recall to you that these Italian troop units were acting under orders of their own Supreme Commander, Marshal Badoglio, to return to the Italian mainland.
"Paragraph III. Sifting: The following is ordered in order to relieve transportation --"
DR. LATERNSER: Mr. President, I have to object to the last remark of the prosecutor. That again is purely an assertion which to be put into evidence has to be proved. I have seen no evidence for the fact that the Italian troops which were against the Germans in the Balkans received any orders from Badoglio for this behavior. I object to this statement.
MR. FENSTERMACHER: We will introduce proof on that point later but I am sorry for the remark and I withdraw it.
THE PRESIDENT: Very well, you may proceed.
MR. FENSTERMACHER: "III. Sifting:"
"The following is ordered in order to relieve transportation: Army Group B, C-in-C West and C-in-C Southeast are to classify and to retain immediately:
1. Italian units continuing the fight on our side.
2. Individual Italian soldiers willing to continue on the German side and who may be organized into new Italian Militia Units or who may be employed as Italian voluntary helpers in German troop units.
3. All Volksdeutschen Italian soldiers. They are to be collected at a camp to be installed in South Tyrol by Army Group B for the purpose of later recruitment for the German Wehrmacht and Waffen-SS.
4.Units and troops as well as individual Italian soldiers that are in the Luftwaffe and Navy in the Reich, in the area of operation or in the occupied territory will remain available for the Luftwaffe and Navy and are to be treated according to the foregoing policies.
5.All other officers and men are to be evacuated to the Reich in so far as Special Directive II, 3, comment to 3) is not applicable.
6.C-in-C South transfers all Italian soldiers to Army Group B excepting Italian voluntary helpers. Army Group B is charged with the immediate transfer of prisoner of war transports" of C-in-C South to the Reich.
7.All Fascists (i.e. members of the Fascist Party) who wish to cooperate further are at the disposal of the Reich Fuehrer SS at his request.
IV. Treatment of Officers and Higher Staffs.
Officers and Higher Staffs who have declared their willingness to be committed on our side according to II, 1 a) and b) or according to their special qualifications but for whom there is no use at present are to be kept in honorary confinement by the Army Groups in their corresponding areas.
Proper billets(for instance in hotels to be confiscated) are to be secured. Until further notice they are to be informed that because of the restless attitude of the population and for their own interests they will be granted no release for him even though it may be within the area of German authority.
And the order is signed Chief OKW Keitel".I think it within the bounds of prosecution, your Honors, if I may comment at this time and direct your Honors attention to the fact that there are no limitations in this order and that so far as the order itself is concerned it applies to uniformed Italian troops fighting under responsible leaders and obeying the rules of land warfare as well as to un-uniformed Italian troops.
Turning now to page 48 of the English, page 33 of the German, Document NOKW-701, which is offered as prosecution Exhibit 324, this is a report from the 297th Infantry Division to the headquarters of the 21st Mountain Infantry Corps, the Section Ic or Intelligence Section, your Honors will recall that the XXIst Mountain Infantry Corps is at this time subordinate to the Defendant Rendulic as commander-in-chief of the 2nd Panzer Army.
"In the combat at Kruga 30 Italians and 7 partisans were shot on being taken prisoner.
"85 enemy dead counted up to now. Exact determination hot possible because of roughness of the terrain.
"Besides the combat action, 66 officers, 1512 non-commissioned officers and men deserted and part of them have already been evacuated."
And then there follows a table of Italian troops and units which I believe is self-explanatory.
Turning now to page 50 of the English, page 34 of the German, Document NOKW-896 becomes Prosecution Exhibit 325. This is a receipt showing the transfer of Italian prisoners from the 7th SS "Prinz Eugen" Division to the 114th Jaeger Division. The heading at the top of the page is "SS Volunteer Mountain Division "Prinz Eugen". Command post 29 September 1943 to the 114th Jaeger Division.
"The SS-Volunteers Mountain Division Prinz Eugen transfers today to the 114th Jaeger Division:
"9400 Italian prisoners (NCOs and men) who according to Fuehrer decree" and then the order number" ..are available for work camps in the east." Signed for the Division Command, the 1st General Staff Officer, SS-Hauptsturmfuehrer.
"Transport of prisoners taken over," dated "Knin the 30th Sept. 1943," signed by a captain.
On the left hand side of the document, "Transport of prisoners turned over," dated again the 30th of September, 1943, and signed by a Lieutenant, presumably of the Prinz Eugen Mountain Division.
The next on page 52 of the English, page 35 of the German, Document NOKW-830 becomes prosecution Exhibit 326. This is a series of extracts from the War Diary of the 15th Mountain Corps. The War Diary started on the 26th of August, 1943, and concluded 31st of December, 1943. The cover sheet of the document states "Corps Headquarters XV Mountain Corps", and indicates that the Mountain Corps from 26th of August, 1943, until further notice was subordinate to the 2nd Panzer Army which, your Honors will recall, was at this time commanded by the defendant Rendulic.
On page 53 of the English and page 36 of the German we begin the entries in the War Diary, which are pertinent to this proceeding. On the 27th of September, 1943:
"Banja Luka: 0700 hours SS Division and motorized Regiment 92 approached SPLIT."
The city of Split, your Honors will recall , is on the Dalmatian Coast of Yugoslavia.
"0800 hours reached northern edge of SPLIT. 0900 hours city and port of SPLIT occupied against local resistance. 202 Italian officers and 9000 men captured.
Italian officers are to be shot to death according to Fuehrer orders.
Commanding General has caused investigation to ascertain guilty officers Then the entry in the War Diary for three days later:
30.9.43 3 Generals in SPLIT shot to death by virtue Banja Luka of summary Court-Martial.
The entry for the 1st of October, 1943, again Banja Luka 45 additional guilty officers (Italian) shot to death by virtue of summary Court-Martial in SPLIT."
The next on page 54 of the English and 39 of the German is the entry in the War Diary for the 3rd of December, 1943; Banja Luka. Your Honors will recall that I mentioned earlier that in November of 1943 the defendant Leyser succeeded to the command of the 15th Mountain Corps which was at that time subordinate to the defendant Rendulic; and here is the entry in the War Diary from that 15th Mountain Corps for the 3rd of December, 1943. It is the final entry in the War Diary for that period.
"2nd Panzer Army sanctions intention "Panther" and orders preparation of evacuation, which is to be kept completely secret from Croatian authorities, (and further orders) suggestions for its execution to be submitted. It is believed practical to transport the population capable of bearing arms, to Germany for labour employment."
The War Diary is concluded on the 31st of December, 1943, and the last page of that War Diary is signed "The Commanding General von Leyser, General of Infantry."
I should like your Honors to examine this document, especially the final page for the signature of the defendant von Leyser.
Turning next to page 55 of the English, page 41 of the German, Document NOKW 910, which is offered as Prosecution Exhibit 327. This is a collection of orders and reports of the Second Panzer Army and its subordinate units, among them the XV Mountain Army Corps and the 7th SS Prinz Eugen Division. You might as well note on the first page of the document page 55 of the English, 41 of the German, the sender, in the middle of the page is the Second Panzer Army, the date of transmission of the order is the 11th of September, time: 1500 hours.
"OKW has ordered: Wherever Italian Troops or other Italian bearer of arms are still offering resistance at this time, they are to be given a short term ultimatum which is to express that the Commanders responsible for the resistance will be shot to death as franc tireurs unless they order their troops by the time stated to surrender their arms to the German Units.
"Implementation 2nd Panzer Army. All Italian Command Authorities within reach are to be informed of this order."
Signed, Chief of Staff 2nd Panzer Army, Operations officer Ia.
I should like your Honors to note the code numbers for this order, 313/43 which we will find appearing in several documents which will be later introduced.
Turning next to page 56 of the English, page 42 of the German, another order transmitted by the 2nd Panzer Army which was commanded by the defendant Rendulic at this time. The communication is on the 12th of September, 1230 hours received on the 13th of September 0420 hours.
Subject: Returning of Italians.
Pursuant to teletype 2nd Panzer Army Ia No. 127/43 top secret of 12 Sept.
43 it is ordered:
According to the order of XVth-Mountain Army the direction of the return of the Italian troops in the area of the XVth Mountain Army is in the hands of the Italian XVIIth and the Italian VIth Corps. For this purpose, the Commanding General of this Corps is to be given order as follows:
to.
1. The Italian XVIIIth and VIth Armies with their entire personnel and material are German Prisoners of War. Should Italian Units refuse to lay down their arms, they will be subdued and subsequently their leaders will be shot to death as insurgents.
More sections to follow: The order is signed and Certified true copy by person whose signature is illegible.
Next on page 57 of the English, and 43 of the German, another order transmitted by the 2nd Panzer Army on the 12th of September 1943, received on the 13th of September. The order is sent from the 2nd Panzer Army to the XV Mountain Army Corps. I should like your Honors to compare the textual matter contained in this order, with the order we have just seen, the previous exhibit the Keitel order of the 15th of September 1943 which was introduced on page 42 of the English and 29 of the German, as Exhibit 323. The Keitel order was on the 15th of September. This order of the defendant Rendulic was transmitted on the 12th of September.
The Commanding General of the XVth Mountain Army Corps, General Lueters issues order to the Commanding General of t he Italian XVIIIth and VIth Army Corps:
A) Organization of units, keeping Italian troops in their present billets, securing transportation and all heavy weapons and of all motorized vehicles (except 2 supply trucks per battalion)
b) Direction of return of Italian units to the localities ordered. Direction of the supply during the marches. Keeping up strict discipline.
4. Reprisal Measures:
A) In case of destruction or looting of arms, ammunition, fuel, supply depots, besides the culprits 1 officer of the Divisional Staff and 50 men of the Division concerned will be shot to death.
b) Any soldier selling or giving away Italian arms to civilians or destroying them without orders will be shot to death.
c) Any Italian soldier arriving at the entraining railroad station without arms left to him will be shot to death together with his responsible unit leader.
d) For any motorized vehicle which has been destroyed 1 officer and 10 men will be shot to death.
e) In case of excesses toward the civilian population, looting of agricultural products, cattle and tho like, the culprits as well as a responsible officer will be shot to death.
5.) This order is to be transmitted immediately to all Divisions and corresponding units and to be published down to companies, batteries, etc.
6.) Every Divisional Unit and corresponding Corps Unit temporarily retains for his supply a 40 ton column. That cancels the subordination of Italian VIth Army Corps under the Italian 9th Army.
The order is signed by operation officer 2nd Panzer Army and your Honors will keep in mind the code numbers for this order; General Rendulic for the 12th of September, code number 127/43.
JUDGE CARTER: Do I understand that this order was sent out three days before tho Keitel was transmitted?
MR. FENSTERMACHER: That's right; your Honor, tho Prosecution contends this is an order which the defendant Rendulic sent out on his own initiative before he received orders from higher headquarters in Berlin.
Turning now to page 59 of tho English, page 45 of the German, another order from tho 2nd Panzer Army, to the XV Mountain Army Corps. Your Honors will also notice this order was also transmitted on the 12th of September 1015 hours and received on tho 12th of September 1826 hours.
1.) Tonnage for the evacuation of the Italians from Zara by sea can not be secured within a reasonable time. Rations also in this way are a problem.
2.) XVth Mountain Army Corps immediately dispatches the Italian Units situated in the area of Zara-Split including with one responsibility suitable Italian Commanders, Commanders and Command Authorities for leadership and supply on the march on Bihac, if necessary severest measures of compulsion and in case of refusal, reprisal measures (shootings to death) are to be applied.
Small arms as a protection against bands must be left to them. Continuous guarding by Luftwaffe whose immediate combat commitment in case of a possible running away of the Italians or of band attacks must be guaranteed, is to be secured.
3.) If the Italians remain any longer in the area of Zara it will be impossible to supply their rations. That must be made clear to them.
4.) Intention with time table is to be reported.
From 2nd Panzer Army, operation officer."
And, again, the code numbers 127/43, those which we have seen on the previous orders which appear on page 58 of the English and page 44 of the German.
Continuing now on page 60 of the English, page 46 of the German, we have an order by the XV Mountain Army Corps to its subordinate units, to SS Division and 114th Division and 373rd Division. This, if your Honors, please, is passing on of the XV Mountain Army Corps of the order which we have previously seen on the succeeding page, page 59 of the English, page 45 of the German. The text is almost identical. I think we needen't read it in its entirety. I again direct your Honors' attention to the language in the first paragraph of the order, beginning with the seventh line of the first paragraph:
"In case of refusal (application of severest coercive measures and/ or reprisal measures (shootings to death)."
Next on page 61 of the English, page 47 of the German, is another order by Corps Headquarters of the XV Mountain Corps dated the 12th of September 1943 to the SS Division:
If it is confirmed that after having been offered (the opportunity to) surrender in Split, Italians are carrying out destruction, the persons responsible are to be shot to death publicly as franc-tireus and this to be published giving the reason.
Next on page 62 of the English, page 48 of the German, is an order of the 2nd Panzer Army to the XV Mountain Army Corps. Your Honors will that it was transmitted on the 13th of September 1943 and received on the 14th of September, one day later.
Your Honors will note on page 63 of the English and 48 of the German the code numbers for this order, 131/43 which were the code numbers we have seen earlier on the Keitel order of the 15th of September. I simply call your Honors' attention to note the code number on this order 131/43. They will appear later and I ask you to note these numbers because they are distinct from the code numbers 127/43 which were the code numbers for the Rendulic order of the 12th of September.
OKW has ordered: "Subject: treatment of Italian Troop Unit turning over arms to insurgents and/or negotiating with insurgents. By order of the Fuehrer, the following procedure is to be applied with respect to any capture Italian Troop Units which have permitted their arms to fall into the hands of insurgents or who have cooperated with insurgents at all.
1.) The officers are to be shot to death by summary court martial procedure.
2.) Officers and men are immediately, if possible through (corrected mistake; leading) avoiding transit to the Reich to be sent East by AWA/Chief Prisoners Affairs to be at the disposal of the Army General Staff, General Quartermaster for labor employment.
"Implementation 2nd Panzer Army: All such cases are to be reported to 2nd Panzer Army.
We turn next to page 64 of the English, 49 of the German. This is simply a message to the 2nd Panzer Army with respect to the mistake in the transmission of the order which we have noticed in the parenthesis of the proceeding order. It is of no particular importance so I think we may pass on.
Turning to page 65 of the English, page 50 of the German, is another order from the 2nd Panzer Army to the XV Mountain Army Corps:
"Against Italian Combat Groups disarmed after having offered armed resistance in area Cattaro - Gruda.
"120th Infantry Regiment is to proceed ruthlessly with severest measures pursuant to Fuehrer order.
Report of execution requested."
And the order is signed by the operations officer of the defendant Rendulic.
Next on page 66 of the English, page 51 of the German, is a report from the SS Division Prinz Eugen to the Corps Headquarters of the XV Mountain Army Corps.
"Division Reports execution" and the report is signed Mountain Division, Prinz Eugen."
DR. LATERNSER: Your Honor, I'd like to ask that it be ascertained whether the translation here is correct. The german word "Durchfuehrung" has been translated as "execution". I am talking about page 66 of the English, Document, and page 51 of the German Document Book.
PRESIDING JUDGE BURKE: That reference is made to the words "Division Reports Execution."
DR. LATERNSER: Yes.
Mr. President, I did not get the answer of the interpretor.
INTERPRETOR: I said the word "execution" has two meanings; it means carrying out, and it also means an execution or hanging, but in this case it means carrying out. The German word is given in parenthesis in the English text just because the word "execution" has two meanings. In this case it means "carrying out".
PRESIDING JUDGE BURKE: Very well, proceed.
MR. FENSTERMACHER: Continuing on page 67 of the English, page 52 of the German, is another order of the 2nd Panzer Army. Your Honors will note in the middle of the page, to the right: Sender: 2nd Panzer Army, middle of the page, XV Mountain Division, transmitted/19th of September, time: 1810 hours.
"Report immediately.
"a) Which Italian units are defending Split?
"b) What is exact enemy and own situation there, course of front lines?
"c) Does employment of dive bombers on water works of Split hold promise of success? No.
"d) What propaganda measures and threats of retaliation against Split are intended or have been carried out?"
And, again the order is signed by the operation officer of the 2nd Panzer Army.
Continuing on page 68 of the English, page 53 of the German, another order of the 2nd Panzer Army to the XV Mountain Army Corps, of the 20th of September:
"Because the Italian Divisional Commander of Korsika is treachorously continecis to withdraw the Fuehrer has commented that any kindliness and comradeliness toward the Italian Officers is entirely out of place. That is why severe measures are to be applied everywhere as ordered several times before and the Italian Prisoners of War are to be sent marching ruthlessly even though local difficulties may have to be put up with.
2) The commitment of entire armed Italian Units in Croatian and Albanian territory is not permissible for any length of time. Those are to be dispatched as soon as possible to the entraining stations and to be disarmed. No objections exist to their employment in road construction and Prisoner of War Labor Battalions if sufficient German security is available. The employment of Italian volunteer helpers is also desirable.
Again the order is signed 2nd Panzer Army, Ia operation officer.
Continuing on page 70 of the English, page 54 of the German, your Honors will note this is also an order sent by the 2nd Panzer Army, XV Mountain Army Corps, transmitted on the 21st of September at 1235 hours. Your attention is especially called to order, Chief II, Panzer Army Ia, No. 313/43, Secret, 11 September and 2 Panzer Army Ia No. 131/43 Top secret.
Your Honors will recall the familiar code number 313/43 which refers to the Keitel order and the code numbers 131/43 which refers to the earlier Rendulic order.
"Care is to be taken that these orders get through to the subordinate unit and that they are carried out in the individual case without any scruples.