'Protective powder against poison gas watch your eyes.'" Then the Tactical Situation is described, and it says:
"Guarding of supply installations of Army Group E was stopped, except for the 10th Company, the III/Police Mountain Regiment."
Then the Italian Militia Training Battalions is something we are not interested in. We will now try to read about the Evzones (Greek Guard):
"They have continued to prove themselves during raids against Communists in Athens. The organization of a Evzones Regiment in Athens with three Battalions and that of 1 Regiment in Patras with 2 Battalions is under way."
And here we have the Edes, Company Euboa:
"As a trial 100 Edes followers (Nationalist Band) were armed in return for the furnishing of hostages, and under the leadership of the perfect general Liakos were committed from Chalkis. As yet only minor successes against Communists."
And now, on the next page, 115, it describes the Missions for the ensuing period; and it says:
"Mopping up operation in the area of Bootia by police troops, raids in Athens against Communists by the Evzone Regiment."
Then it says:
"a. General:
Unrest in the ensuing period is hardly to be expected since there is a fear of sharp counter measures. Shootings at night in Athens Piraus result from the fights of the Evzones against the Communists. The reorganization of the Greek gendarmerie and police by the Senior SS and Police Leader has a favorable effect. Only the Peleponnesus is a constant focal point of unrest as far as it is not occupied by us.
b. Attacks, acts of sabotage and fires.
Numerous effective blastings of bridges and roads and attacks on the Peleponnesus.
In the area of the remaining Administrative Subarea Headquarters less important attacks and sabotage.
c. Counter-measures In December on the Peleponnesus 758 people were shot to death, including reprisal operation "Kalavrita."
In the remaining areas hostages were seized and a lesser number of executions has taken place.
d. Communist propaganda Primarily by carrying a whispering propaganda and by distribution of inciting pamphlets.
The bad economic situation is in its favor. Writing on houses in Athens Piraus has lessened.
XIII. Summary: The further development of the political situation will necessarily be influenced by the economic situation to a great extent. The increasing economic misery will make the majority of the population, suffering from it, more receptive to the whispers of the Communists who make the occupying power responsible for it and will cause them to join the bands. Economic relief on the other hand would contribute to a political pacification and to a better relationship with Germany. The focal point of the development consequently, lies at this time less in the military than in the economic sectors. The damaging consequences of insufficient pay in Drachma, as regards discipline and attitude of the German Soldier have been referred to several times. Increased penalties will not remove these critical signs.
Larger scale operations of the bands are hardly to be expected during the winter months.
The fulfillment of the tasks with which the military Commander has been charged suffers from lack of subordinate units. The tasks cannot be fulfilled with the only available single security battalion. An assignment of three to four security battalions becomes of utmost urgency" And it has some illegible initials, and is signed:
"Speidel" And then another signature which is not quite legible.
"Distribution Military Commander Southeast For information:
High Command Army Group E On the premises:
Ia/War Diary Ia (draft)" On the next page, Your Honor, this same document continues, and the Military Commander Greece, the Chief of the Military Administration, writes another letter to the Military Commander Southeast, Belgrade, Subject:
"Situation Report of Military Administration for Nov. 1943." I believe this copy here is '45. If Your Honors permit I would like to show this document to the defense for defendant Speidel for his possible concurrence in any comment he may wish to make. On the original document I believe there is a mistake in translation.
THE PRESIDENT: You may show it to counsel.
DR. WEISGERBER: Weisgerber for Speidel. Your Honor, I have convinced myself that it is the year 1943 while looking at the original document.
THE PRESIDENT: The correction may be made upon the Tribunal's Document Book.
MR. RAPP: Very well, Your Honor. We would like this changed.
THE PRESIDENT: Counsel consents to the correction.
MR. RAPP: That is correct.
THE PRESIDENT: I mean the defense counsel.
DR. WEISGERBER: I do, Your Honor.
MR. RAPP: This document is dated 12/12/43, received 22.13.43, to Military Commander Southeast. Under the heading "Received 22.13.43," there is no month, I believe, or year, which has a 13th month. This as another typographical error. It obviously should be December 1943. Did Your Honors follow me on this comment?
THE PRESIDENT: Where is the last reference?
MR. RAPP: The last reference, Your Honor, is on page 117. It states in the left upper corner "received 22.13.43," and the "13" should obviously be "12," instead of "13."
THE PRESIDENT: Very well.
MR RAPP:
"Subject: Situation report of Military Administration for Nov. 1943 Reference:
Military Commander Southeast of 19.11.43., Ia, No. 1723/43 Secret.
I. General Political Situation:
As before the morale of the Greek population is influenced primarily by the extremely difficult economic situation as expressed in the continuing deterioration of currency and in connection with that in a further aggravation of the social situation. The lifting of restrictions on the sale of food-stuffs, as effected by the Special Plenipotentiary of the Foreign Office for the Southeast has however caused food supplies held back by speculators to reappear in the market. However, this "Policy of a free market" has had as little effect on the prices of food-stuffs as has the Gold subsidiary measures started at great expense by the Special Plenipotentiary.
The constant increase of prices with which wages and salaries could not keep pace forms the best breeding ground for the activity and the propaganda of the Communist Party of Greece which consciously attempts to seize the power of the State. The Communist Bands, compared with which the National Band Movement loses more and more significance, rule large areas of the country, above all the Peloponnesus, and with their terror measures (kidnapping, blackmail and murder of pro-German antiBolshevic-Greeks) they exert pressure on the population.
In the Bourgeois circles, the recognition of the peril which Communism threatens, is beginning to penetrate at the same rate at which hope for early support by the Allies has receded. . . .
d. Other police sectors:
After the taking over of the territories formerly occupied by Italy the societies in this part of Greece also had to be put under supervision. An order was issued for seizure of the existing societies and organizations."
Then the hunting and fishing, I don't think we will read at this time and we go now to where it says:
"The Jewish Problem:
The higher SS & Police Leader has issued a directive dated 3-10-43 by virtue of which all Jews in Athens had to report to the Jewish Community and in other cities and rural communities to the town-halls or to the community offices. Since a large part of the Jews did not report - in Athens for instance only 1200 out of 8000 were listed the Military Commander, in agreement with the Special Plenipotentiary of the Foreign Office for the Southeast has confiscated their fortune by an order and has transferred it to the Greek State to be administered.
Schools:
At this time by far the larger part of the schools are closed since they are required as billets for the troops. However, attempts are made to release at least one school for use in each larger locality.
The Solonika University is fully in operation. The technical institute of Athens also has been reopened meanwhile....... .......Frequently the necessary labor can be put at the disposal of the Wehrmacht only by threat and by execution of compulsory measures. At various times Mayors who were charged with the procurement of labor forces had to promise the laborers considerable amounts, in addition to German wages and they sometimes had to pay them also. A certain relief in the difficulties arising from wage policies has been achieved by temporarily using Italian labor (unpaid).
For the Military Commander Greece, The Chief of the Military Administration:
(signature illeg.)
Chief Military Administration Distribution:
See Draft" And then under "b" it says:
"b. Attacks, Acts of Sabotage and Fires Athens:
On 6 and 19.11 attacks near Marathon, losses 1 dead.
Lamica: 3 confidential agents (Greeks) of the Secret Field Police kidnapped, 1 worker in Lianokladi kidnapped and released on 19.11 after having been held for 6 days.
Mining of the railroad track near Grawia with 5 points of detonation.
"Larissia: Several detonators were attached (?) to freight cars with minor damage.
"Peloponnes: Numerous attacks on German Soldiers with larger personnel and material losses.
"Nessolonghion: Minor telephone sabotage. A road blasted for 100 motors in Southeast Agrinion. Greek Police Official murdered by Communists.
"Counter Measures:
"The Greek population is being employed to a considerable extent in guarding railroad and telephone lines.
"Execution of hostage camps in various cities. Mainly Communists are received there.
"Arrests of about 2000 patients of the Greeks Military hospital in Athens which were forming Communist cells. They were transferred to the Island of Kea.
"Execution of Reprisal Measures (Shooting of hostages).
"Communist Propaganda "Primarily by use of whispering propaganda, painting of slogans on houses, distribution of leaflets, sometimes speeches in churches, teams of trained speakers for addressing public meetings.
The Greek General Zervas (Nationalist) is attached particularly. Otherwise the remaining attacks are against the occupation power.
"Summary:
"The troops at the disposal of the Military Commander in Greece are in no way sufficient for carrying out his tasks.
"Important plants are shut down, valuable supply installations are insufficiently guarded, necessary new installations like the erection of hostage camps, etc, are discontinued because the required security forces are lacking. Since the disarming of the Italians a Wehrmacht prison in Athens had to be guarded by its own inmates who had behaved themselves properly. 1604 "The development of the political situation will depend primarily on how successful we are in stopping the inflation and in securing food.
At this time there is no relation between living expenses and the income of the majority of the population. Labor employed by the Wehrmacht receives less wages than labor employed by the Greek authorities. Frequently, the transfer of important goods is not possible because of lack of labor due to poor pay.
"The moral conduct of the German soldier in the large cities of Athens and Piraus has deteriorated considerably. Attacks on Greeks, threats and black mail are accumulating considerably. (see enclosure 3, report by the Administrative Sub-Area Headquarters Athens). This deterioration of discipline is primarily due to insufficient pay. For the pay of a 10 day period the soldier at present is in position to buy just two pounds of raisins or 5 to 6 oranges while he must watch how the markets have plenty of everything which is rationed at home, though at exhorbitant prices. This external discipline has improved considerably due to severe control measures and penalties on part of the military Commander in his capacity of "Wehrmacht - Garrison - Commander" -- and then handwritten initial.
DR. WEISGERBER (Counsel for defendant Speidel): Your Honors, I cannot see which period of time is covered by the last situation report. On page 86 of the German document book, on page 115 of the English document book, the situation report for November 1943 closes with on the next page it says--page 34 of the original" -- that is page 120 of the English Document book. This doesn't show for which period of time this situation report is supposed to be valid.
I would be grateful if the prosecution would indicate that point.
THE PRESIDENT: If the prosecution is in a position to advise counsel, the Tribunal would appreciate their doing so.
MR. RAPP: Very well, your Honor. If your Honors please, the page 34 of the original which refers to page 115 of your document book is not preceded in the original document by any other statement indicating for which period this report is responsible.
However, page 35 of this particular document -- that is page 116 and page 117 of your document book, Your Honors -- is signed by the defendant Speidel. Although there is no indication exactly which period this particular report covers, the signature itself shows that it was written sometime during the time that the defendant Speidel was Military Commander in Greece.
Your Honors, I believe you will find this on page 119, 120 and 121.
THE PRESIDENT: Does that give the counsel the information he desires?
DR. WEISGERBER: Your Honor, I still don't know which period of time is covered by this situation report. I can merely see from the second line of this last report that it partly concerns occurrences which took place in November. Which period of time is covered by the remaining parts of the report cannot be seen from this report.
MR. RAPP: We submit, your Honors, we are sorry but we cannot submit to defense counsel the desired information. It may be of help to defense counsel to call his attention to the fact that under "b" dates are mentioned like "19 of November", and subsequently in the contents of the report sometimes dates appear; but we cannot furnish defense counsel the exact information he desires because this particular information is not in our hands.
THE PRESIDENT: The document will have to be taken for what it shows and the deductions taken from the document itself, when neither the prosecution or the Tribunal can add anything to it.
MR. RAPP: That is correct, your Honor. Of course, your Honors, I would like to call your Honor's attention to the fact that the document as such is signed by the defendant Speidel so it must have been published sometime during the time he was Military Commander of Greece.
DR. MUELLER-TORGOW (Counsel for defendant Felmy): Your Honors, may I point out two mistakes in the translation of this document? First of all, it concerns the situation report of the 1st to the 31st of November, 1943, on page 83 of the German document book, page 112 of the English document book, under "Vb". That is "Attacks, sabotage and arson.
The word "Ueberfaelle" has been translated "by attack."
Secondly, under "Vc", the second sentence, it says: "In den uebrigen Gebieten Geiselfesthahmen und Erschiessungen in geringem Masse." "In geringem Masse" is translated by Lesser, L e s s e r.
I should like to ask that those two places be translated again.
THE PRESIDENT: It may be handed to the translators for their translation.
MR. RAPP: Very well, your Honor.
THE PRESIDENT: For the benefit of the Tribunal, it will be appreciated if the translators will refer to the English page and the line so that we may know and note just what the translation applies to.
DR. HUELLER TORGOW: In the English document book it is page 115 and the first instance occurs in the paragraph "Vb" entitled, "Attacks, acts of sabotage and fires."
THE INTERPRETER: The German word for that is "Ueberfaelle", which I translate as "raids"; and the second instance occurs in paragraph "c", still "V" -- that's just dropping a couple of lines down, and the last sentence of paragraph "c". The word objected to is "in geringem Masse". I should translate that as "into a small extent, a number of executions had taken place."
PRESIDENT WENNERSTRUM: Under (b), the translation of that, the line in question there, will you repeat your translation again?
INTERPRETER JACOBSOHN: Yes. For "Ueberfaelle", I translate raids instead of attacks.
PRESIDENT WENNERSTRUM: I believe the requirements of counsel will cover the situation you have in mind.
MR. RAPP: Yes.
PRESIDENT WENNERSTRUM: Very well. You may proceed.
MR. RAPP: Your Honors on page 122, is the final page of this OKW 006912, and it states how many copies and to whom the various copies of the aforementioned document were sent.
This concludes Prosecution's Exhibit 422.
The next exhibit, your Honor, we submit, on page 124 of the English document book, and I believe this will be page 90 of the German Document book, -- it is NOKW 1471. It is being submitted as Prosecution's Exhibit 423. We had forgotten to include this document into the German document book, but I have given Dr. Lanternser, during the recess, sufficient copies for distribution to all defense counsel, and I would merely for the record, ask Dr. Laternser whether or not he has distributed these copies to all of his colleagues.
PRESIDENT WENNERSTRUM: Dr. Laternser has indicated that they have been distributed to his associates.
MR. RAPP: Very well, your Honor.
This document, Your Honors, is an OKW order, -- that is the High Command of the German Armed Forces, and it pertains to the jurisdiction and subordination of the military commander in Greece at that time, the defendant, Speidel.
This particular page is page 84 of the original. It is OKW No. 006912/43, Top Secret, Wehrmacht FST, Quartermaster, Administration I.
"First enclosure to General Quartermaster, handwritten, illegible.
Fuehrer Headquarters, 21 December 1943. Top Secret."
There were 55 copies, this being the 10th copy.
"Standard order of procedure for Military Commander Greece.
1) Military Commander Greece is subordinated to Military Commander Southeast.
He keeps Military Commander Southeast and also Army Group E continuously informed concerning all essential affairs and measures within his sphere of command."
If your Honors permit, I believe the interpreters do not have the German translation, although I personally have put three copies of it on your desk, prior to the recess. I repeat:
"He keeps Military Commander Southeast and also Army Group E continuously informed concerning all essential affairs and measures within his sphere of command.
2.) Military Commander Greece exercises by order of Military Commander Southeast executive Power in Greece including the part occupied by Bulgarian troops as far as he has been authorized to do so.
Superseded by the following as per OKW/No. 0013/44 top secret / WFST/ Qu (Administration 1) 1 January 44 Section 2, Para. 2. For the execution of the tasks with which he is charged, the Military Commander Southeast had subordinated to him:
for Greece - Military Commander Greece, for Croatia - German Plenipotentiary - General in Croatia" "for Albania - German Plenipotentary - General in Albania and for Montenegro - Independent Administrative Sub-area Headquarters Montenegro.
b) As territorial commander he regulates all territorial problems (maintaining order, exploitation of the country for the purposes of the Wehrmacht etc.) and security tasks in so far as he has been charged with them by the Commander-in-Chief of Army Group E.
c) In addition, he takes over the duties of Wehrmacht Garrison Commander Athens-Piraeus and he is responsible for the maintenance of discipline in the garrison area of Athens-Piraeus.
4.) The Commander-in-Chief of Army Group E is authorized to charge Military Commander Greece temporarily with tasks concerning the leadership of troops as far as these are connected with the security duties with which he is charged.
5.) Political problems are treated by Military Commander Greece in close cooperation with the Athens-Office of the Special Plenipotentiary for the Southeast, pursuant to the powers given by the Fuehrer to the former Plenipotentiary of the Reich in Athens on 28 April 1941, as well as the tasks assigned to him as the former Special Commissioner of the Reich Government for economic and financial problems in Greece, pursuant to the decree of 16 Oct. 1942 remain unchanged."
"The Staff of Military Commander Greece consists of:
a) The Headquarters Staff
b) The Administrative Staff with Branch: Administration and Branch: General Economics.
c) The Military Economics Staff
d) The Wehrmacht Chief Administrative Officer
e) The Senior SS and Police Leader
7.) For the execution of his tasks the Military Commander Greece has subordinated to him:
a) Administrative Area Headquarters 395 (in Saloniki) Available to Army Group E simultaneously for combat duty
b) The Commandant of Fortress Crete only in matters concerning the Military Administration where basic affairs are concerned requiring a co-ordinated ruling for the entire Greek area.
c) The Administrative Sub-area Headquarters and Local Headquarters of his area of Command.
d) Troop units and supply and security troops and other units and offices subordinated to him by special orders.
The Chief of OKW (signed) KEITEL Certified true copy (sign.)
illeg.
Colonel G.S.C."
On Page 127, your Honors, we will find,-- this is page 86 of the original document;
"OKW- No. 006912/43 top secret WFST/Qu. (Admin./ 1) 2nd Enclosure to Gen.
Qu II 2348/43 top secret (handwritten) 17 Fuehrer Headquarters 21 Dec.
1943 Top Secret 55 copies, this being the 10th copy.
Standard Order of Procedure for the German Plenipotentiary General in Albania.
1.) The German Plenipotentiary - General in Albania is subordinated to Military Commander Southeast. Concerning all combat and security duties, he is bound by the directives of the second Panzer Army.
He keeps Military Commander Southeast and the 2nd Panzer Army continuously informed concerning all essential affairs and measures within his area.
2.) Duties of the German General - Plenipotentiary in Albania.
a) He has the duties and the authority of a territorial Commander.
b) In the event of the disappearance of an Albanian Government which is capable of functioning and in case of larger combat actions, particularly in case of enemy landings, the German Plenipotentary General or individual troop commanders who are committed there may be granted, by application, the exercise of executive power in the Albanian Sovereign Area or in parts of it. The German Plenipotentiary General will submit such an application to the Commander-in-Chief Southeast, also will decide by agreement with the Special Plenipotentiary of the Foreign Office for the Southeast making a report to OKW/WFST.
c) He will work in close cooperation with the Albanian Office of the Foreign Office for the Southeast. He will represent the requirements of the German Wehrmacht to the Albanian Minister of Defense and if necessary in technical matters to the Albanian expert Ministers.
Demands going beyond that will be submitted by him to the Office of the Special Plenipotentary who will undertake all negotiations with the Albanian Government and in particular with the Prime Minister and the Foreign Minister.
3.) For the execution of his tasks, the German PlenipotentiaryGeneral in Albania has subordinated to him:"
"a) The Administrative Sub-area Headquarters and Local Headquarters of his sphere of Command.
b) Troop units and other installations and offices subordinated to him by special orders.
The Chief of the OKW (Signed) K E I T E L Certified true copy illeg.
Colonel G.S.C."
Let us turn now to page 130. We come to page 88 of the original and this is OKH No. 116912.43. Top secret, WDST/Quartermaster, Administration 1.
Your Honor, I believe there is a mistranslation. This should be instead of "OKH", "OKW". If your Honors please, I will hand this part of the document to the official court interpreter so that we all may correct our records.
PRESIDENT WENNERSTRUM: You may follow that procedure.
MR. JACOBSOHN (Court German-English Interpreter): It says "Oberkommando der Wehrmacht"; the Germans usually abbreviate it to "OKW".
MR. RAPP: For the purpose of the record only, Your Honors, on the top of Page 130, instead of reading OKH it should read OKW, the High Command of the German Armed Forces.
.....OKW - No. 006912/43 top secret WFST/Qu. (Admin. 1) 3rd Enclosure to Gen.
Qu. II 2348/43 top secret Fuehrer Headquarters 21 Dec.
1943 Top secret 55 copies
MR. RAPP: This is the 10th copy.
"Standard Order of Procedure for the Independent Administrative Subarea Headquarters Montenegro.
The Command of the Independent Administrative Sub-area Headquarters Montenegro is subordinated to Military Commander Southeast. Concerning all combat and security duties, he is bound by the directives of the 2nd Panzer Army. He keeps Military Commander Southeast and - for information - 2nd Panzer Army continuously informed concerning all essential affairs and measures within his area.
Duties of the Independent Administrative Sub-area Headquarters Montenegro.
The Commandant of the Independent Administrative Sub-area Headquarters Montenegro has the duties and the authority of a territorial Commander.
The Command of the Independent Administrative Sub-area Headquarters Montenegro exercises executive power in Montenegro as far as he has been authorized to do so.
In the event of larger combat actions in connection with an enemy landing on the Adriatic Coast, the executive power in the Montenegrin Sovereign area or in parts of it can be transferred to the troop commanders committed there by the Commander-in-Chief, Southeast in agreement with the Special Plenipotentiary of the Foreign Office for the Southeast.
The Commandant of the Independent Administrative Sub-area Headquarters Montenegro is responsible for peace, order and security in as far as he is charged with it by 2nd Panzer Army.
At that time it was under the command of the Defendant Rendulic -the 2nd Panzer Army. "For the execution of his tasks he has subordinated to him: In the event of additional headquarters being sent into his area of command, said headquarters; Troop units supply and security troops, and other installations and offices subordinated to him by special orders; the area of Cattao belongs administratively to the area of the Administrative Sub-area Headquarters Montenegro. The Chief of OKW (Signed Keitel Certified true copy, illegible, Colonel G.S.G."
DR. LATERNSER: Please excuse me, your Honor. I just want to find out whether a paragraph has been translated. I don't know exactly; I want to find out. Your Honor, in the order which has just been read, of the OKW of the 21st of December 1943, the English Document Book Page 130, the translation of Paragraph 2c has been omitted. Can this kindly be done now and entered into the record?
THE PRESIDENT: The Document Book shows no sub-section 2 and sub-section under that. Am I correct in that statement?
DR. LATERNSER: It should, Your Honor, after 2b, Paragraph c should follow. It apparently has not be translated.
MR. RAPP: On page 130, under Paragraph 1, it commences with "Duties of the Independent Administrative Sub-area Headquarters Montenegro," That is what Dr. Laternser refers to. That is Paragraph 2, and then comes 2a and 2b, which extends to Page 131, and then we skipped to 2d. Dr. Laternser would like now to have part 2c read into the record from the original document; and we submit that we have no objection to that.
THE PRESIDENT: You may proceed then, handing it to the Translator.
(The court page takes the original document to the Court Interpreter)
MR. JACOBSOHN (Court German-English Interpreter): This paragraph c reads in English: "The Commander of the Independent Local Headquarters, Montenegro administers their administration and the economic matters of Montenegro according to the directives of the Military Commander South east. In this connection, agreement with the Department of the Plenipotentiary of the Foreign Office for the Southeast in Montenegro has not been established." That ends this particular paragraph.
THE PRESIDENT: Does that cover the situation, Dr. Laternser? Dr. Laternser has indicated that covers the situation; so you may proceed.
DR. WEISGERBER: Dr. Weisgerber for the Defendant Speidel. Your Honor, in the directive of the Military Commander Greece, which was in the framework of the Prosecution's Exhibit No. 423, as has been read, I must state that I have found something strange which I cannot explain to myself for the moment. This is an official directive, and its heading bears the date of 21st of December 1943; and then we find it is an official directive of the Military Commander Greece, then figure 1 and then figure 2. And the second paragraph of figure 2, it says "Aenderungen." This is on Page 124 of the English Document Book, the bottom paragraph. In this second paragraph of figure 2 it says "Aenderungen Laut OKH u.s.w. vom 1.1.44" It is that this directive bears the date of the 21st of December 1943, and the same time refers to an alteration taking place on the first of January 1944. I cannot reconcile these two dates.
MR. RAPP: If your Honor please, the comments made by defense counsel, as far as the difference in dates is concerned, is correct. I have the original document before me, and that is the way the document reads, and that is the only way that we can submit the document to be used for whatever Your Honors like to weight it in the evidence.
THE PRESIDENT: Does that satisfy counsel?
DR. WEISGERBER: Yes, your Honor. I still want to point out the following discrepancy in figure 2. There's a sub-section e at the top of Page 125 in the English Document Book, which should have preceded it, logically speaking; it is omitted. At any rate that is something unusual.
MR. RAPP: Your Honors, the comments by defense counsel we submit are correct, and it seems that in the original document, as photostated by us, a strip of paper was inserted and pasted on the original document, which blocked out the particular paragraph defense counsel had reference to; but that is the way we found it. That is the way we respectively submit it into evidence.
THE PRESIDENT: The Exhibit will necessarily have to be received in the state in which it is found in the original; and neither the Tribunal nor the Prosecution or anyone connected with this Tribunal are in a position to change it. It will have to be accepted for what it's worth.
MR. RAPP: We are turning now to Document Book XVIII. The first exhibit to be submitted, your Honors, you will find on page 1, and it is NOKW 154, and will be Prosecution Exhibit 424. It is dated January 1, 1944, and is an order of the Military Commander Southeast, Felber, defining competence of the commanders in the execution of retaliation measures, approving of Military Commander Southeast, etc. At that time the defendant Geitner, who was still Chief of Staff, including the Military Commander Southeast Felber.
"Stamp: Secret Handwritten: War Diary "Military Commander Southeast "Section Ia No. 58/44 secret Headquarters, 1 January 1944 "Secret Handwritten Enclosure 1 "Subject:
Reprisal Measures Reference:
Commander-in-Chief Southeast (High Command Army Group F) Section Ia/F No. 296/43 secret, dated 22 December 1943.
"Supplementing letter Commander-in-Chief Southeast (High Command Army Group F) Ia/F 296 dated 22 December 1943, the following is ordered with regard to Serbia:
"1.) The Commanders of the Administrative Sub-Area Headquarters are competent to order reprisal and can assign their execution to the competent Commanders of the District Headquarters.
"For special cases the Military Commander reserves to himself the right to issue orders for reprisal measures.
"2.) Before a reprisal measure is order approval must be obtained through teletype from tho Military Commander Southeast.
"The application must contain:
Brief description of facts Losses, as well as damage, which has occurred Political affiliation of the perpetrators Type and extent of reprisal measures intended.
"3.) Persons or homes suitable for the execution of reprisal measures are to be determined after prior contact with the competent SD and counter Intelligence detachments has been made.