THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: You may proceed.
MR. FENSTERMACHER: If your Honors please, during the recess Dr. Laternser and I checked the first document, NOKW 1660, and we have agreed not to offer certain pages of that document, but to offer certain pages which were apparently not duplicated. If Your Honors will turn then beginning with page 13 of your Honors' document book, NOKW 1660...
THE PRESIDENT: That's exhibit No. 526?
MR. FENSTERMACHER: Prosecution offers this as Exhibit No. 327; your Honor, page 15 of the English, page 11 of the German document book. This is, as are the other pages which we shall offer as part of this exhibit, Daily reports from the Wehrmacht Commander Southeast to the 0KW in Berlin. The first is the Daily Report for August 27 1941.
"25.8 in Ravna Reka (20 kilometers northeast Cuprija) 1 bandit shot to death and 7 captured by fighter detachment.
"26.8 in the same place 6 bandits shot to death, leader captured.
"26.8 between Losnica and Krupanj 2 armed bandits shot to death fighter detachment.
"26.8 during skirmish 10 kilometers north Vel. Kikinda (Banat) 2 Communists shot to death."
And the Daily Report is signed Wehrmacht Commander Southeast Ic, or Intelligence Officer. Next on page 23 of the English...
THE PRESIDENT: You're not offering any of the...
MR. FENSTERMACHER: We're not offering any of the pages except which I specifically refer to, your Honors. The next is page 23 of the English, page 18 of the German, the Daily Report to OKW from the Wehrmacht Commander Southeast: "12 September--Search for arms in area of Nigrita (Northeast Saloniki). No important results. 3 Greeks shot to death." Next on page 23 of the English, page 19 of the German document book, Daily Report of the Wehrmacht Commander Southeast to OKH for the 15th of September 1941: "15.9 in Belgrade leader of a special Communist Group captured, one Communist shot to death. 15.9 near Lokovik (North .of Vel.
Plana) food train attacked and looted. 30 looters shot to death." Next on page 29 of the English and page 21 of the German document book, Daily Report of the Wehrmacht Commander Southeast for the 21st of September 1941. Your Honors will recall that at this time the Defendant list was Wehrmacht Commander Southeast and simultaneously Commander of the 12th Army, and that his Chief of Staff was the defendant Foertsch: "Serbia: Near Cacak in the Banat, 24 Communists hanged for attacks on railroad line." Next on page 30 of the English, page 22 of the German, Wehrmacht Commander Southeast's Daily Report for the 23rd of September 1941: "Serbia: In Gradiste/Danube, 23 insurgents shot to death." Turning to next page 31 of the English, page 22 of the German document book, Wehrmacht Commander Southeast's Daily Report for the 24th of September 1941, under the section of the report dealing with activity in Serbia: "Sabac will be depopulated beginning 24 September." Next on page 32 of the English, age 23 of the German, Daily Report of Wehrmacht Commander Southeast for the 26th of September 1941: "Serbia: 49 insurgents shot to death near Valjevo by the 123th Infantry Regiment." Next on page 34 of the English, page 24 of the German, Daily Report for the 20th of September 1941, from the Wehrmacht Commander Southeast to OKW: "Serbia: 34 insurgents hanged in Cuprija. Greece: 29 September 22 Greeks killed during mopping-up operation in area Northeast Saloniki. Houses burned down." Next on page 35 of the English, page 25 of the German, Daily Report of the Wehrmacht Commander Southeast for the 3rd of October 1941: "Serbia: 12 Insurgents shot to death near Lajkovac by 123 Infantry Regiment. Home Guard Company in GRN. Milanovac - 10 dead, 60 missing. Own losses: 31 dead, 2 wounded, 10 missing; Enemy: 17 dead." Next on page 36 of the English, page 26 of the German, Daily Report of the Wehrmacht Commander Southeast for the 4th of October 1941: "Serbia: A total of 43 insurgents killed." And I call your Honors' attention to the description in this Daily Report of insurgents killed with the description in the previous report of insurgents shot to death. Next on page 37 of the English, page 26 of the German, Daily Report of the Wehrmacht Commander Southeast for the 7th of October 1941:
"Serbia: Basaid (18 Kilometers north Petovgrad/Banat) 11 Communists hanged." Next on page 39 of the English, 27 of the German, Daily Report to the Wehrmacht Commander Southeast for the 15th of October 1941: "Serbia: III Battalion/749th Infantry Regiment on the march from Kragujevac to G. Milanovac for execution of new reprisal measures." Turning next to page 41 of the English, page 29 of the German document book, Daily Report of the Wehrmacht Commander Southeast for the 18th of October 1941:
"Serbia: 717th Infantry Division: As reprisal measure for Kraljevo736 men and 19 women were shot. Own losses 2 dead, one wounded.
"Greece: The villages of Ano-Kerzilion and Kato-Kerzilion on the Strimon River estuary burned down since they were proven to have been Nigrita band supports. All male inhabitants (202) shot to death. while houses were being burned down, ammunition including blasting ammunition exploded. When parachutists was shot to death, the Greek who had sheltered him was also shot to death and 1 house was burned down."
Turning next to page 49 of the English, page 33 of the German, Daily Report of the Wehrmacht Commander Southeast to OKW for the 5th of November 1941. Your Honors will recall from other documents already introduced by the Prosecution that the defendant Kuntze succeeded the Defendant List as Armed Forces Commander Southeast and Commander in Chief of the 12th Army on the 27th of October 1941, and that the defendant Foertsch continued as the Chief of Staff for the Defendant Kuntze. Daily Report of the 5th of November 1941: "Serbia: In Belgrado 169 hostages from intellectual circles arrested."
Next daily report of the Wehrmacht Commander Southeast for the 9th of November, 1941. This is on page 50 of the English, page 34 of the German:
"Serbia: 714 Infantry Division: Near Majdanpel. (East, Southeast Pozarevac) 14 insurgents shot to death."
Turning next to page 51 of the English, page 34 of the German, Wehrmacht Commander Southeast, daily report for the 10th of November, 1941:
"Serbia: 342nd Division marching on the area around Valjevo, Divisional Staff Valjevo, 1 Battalion in Lesnica (15 Kilometers North of Lesnica). 130 hostages shot to death as reprisal measure."
Next on page 56 of the English, page 37 of the German, daily report of the Wehrmacht Commander Southeast for the 6th of December, 1941 : Serbia:
342 and 113th Infantry Division continue mopping up. enemy losses: 73 dead, 91 Mihailevic-Cetniks captured. 4 machine guns, 182 rifles, 1 ration depot captured 80 Communists shot to death.
In Belgrade 50 Communist and suspects arrested.
I dieect your Honors' attention again to the different description. Under enemy losses, "73 dead" and two lines below "80 Communists shot to death."
Turning next to page 57 of the English, page 37 of the German, daily report of the Wehrmacht Commander Southeast for the 7th of December, 1941.
"In Belgrade 80 Communists and suspects arrested.
"Lt. General of Artillery Bader has taken over affairs of the Commanding General-Plenipotentiary in Serbia."
Your Honors will recall that from the middle of September, 1941 until the 7th of December, 1941, General Boehme was Plenipotentiary Commanding General in Serbia, subordinate to the Armer Forces Commander Southeast and Commander in Chief of the 12th Army who, from April until October, 1941, was the defendant List and from late October, 1941 until August 1942 was the defendant Kuntze, and that ttm defendant Focrtsch was Chief of Staff to both List and Kuntze.
Turning next to page 59 of the English, page 39 of the German, daily report of the Wehrmacht Commander Southeast for the 10th of December, 1941, Serbia.
"During mopping up operation around Cacak, 49 Communists including 1 leader were shot to death, 187 arrested."
Next page, 60 of the English, page 39 of the German, daily report of the Wehrmacht Commander Southeast for the 23rd of October 1941--I believe that may be a typographical error, because it is signed Wehrmacht Commander Southeast, 12 Army, 11 December, 1941.
"Serbia: 113th Infantry Division: During mopping up operation 66 insurgents captured, 34 shot to death."
Turning finally to page 7 of the English, page 43 of the German document book, daily report of the Wehrmacht Commander Southeast for the 20th of October, 1941.
"Greece: 19 Oct. members of Navy fired on near Strymon Bridge, South west Seres. 2 soldiers dead, 1 wounded. In reprisal,13 hangings."
We continue on page 102 of the English document book, page 66 of the German document book. This is NOwW-1671 which is offered as prosecution Exhibit 528. It is a letter from General Bader who at the time the letter was written was Plenipotentiary Commanding General in Serbia to General kuntze, who at the time was Deputy Wehrmacht Commander Southeast. The letter is dated Belgrade, 19 January 1942.
Subject: Teletype Wehrmacht Commander Southeast Ia No 188/42 top secret of 16 January 42 To The Deputy Wehrmacht Commander Southeast General of Engineer Kuntze Saloniki.
To the inquiry of the Wehrmacht Commander Southeast I reply as follows. I warm expressly against the intended measures for the extension of the Bulgarian territory. The arrest of the government after its having resigned trill not help, and only increase the animosity and unrest.
I propose the following:
As the SS Division will probably not arrive in time, a weak German garrison must be taken into account. The responsibility for the maintenance peace and order must in the first place be transferred to the Serbian government the threat that the Bulgarians will continue to occupy the country if the unrest continues. Above all the Serbians should bleed and die for their country. We have to save every man!
Signed Bader General of the Artillery Turing next to page 103 of the English Document Book, page 67 of the German, document NOKW-1669, which becomes prosecution Exhibit 529, these are an exchange of messages between the Armes Forces Commander Southeast who at the time was the defendant Duntze, and the Plenipotentiary Commanding General in Serbia who at the time was General Bader.
The first message was transmitted on the 7th of February, 1942, -I beg our pardon, the first is from the Wehrmacht Commander Southeast to the defendant Kuntze, transmitted on the 7th of February, 1942, to the Plenipotentiary Commanding General in Serbia:
"The following teletype has been received from the Chief, OKW:
The reports from the Wehrmacht Commander Southeast on the situation in Serbia and the result of the punitive expedition do not yet justify hopes that uprisiggs on a major scale will not commence again in Soring. The bloody losses incurred by the Insurgents and the number of those liquidated are small. The number of prisoners is much too large. Individual prisoners were oven able to escape from captivity. according to a report by a confidential agent, the people's attutude, originally depressed is supposedly giving way to increasing arrogance and Cetniks with the skull or the Jugoslav insignia on their fur caps are said to move about under the eyes of the Occupation Forces.
Numerous Serbian officers have fled and will organize the next uprisings. Others are said to move about openly in their former un iforms.
The prevailing opinion supposedly has it that the Germans are unable to cope with the Insurgents, and that Hungarians or Bulgarians have to come. The veracity of this report cannot be established at this headquarters. Only one thing is certain, that so far it had not yet been possible to break the backbone of the Insurgents through Draconian measures and that military operations alone will also not be in a position to do so.
The most effective measure is to employ a widely spread spy systom and brutal Police and Secret Police measures to recognize who formation of Insurgents right at the start of burn the out. These measures are to take place on the largest seal possible after the committment of a Higher SS and Police Leader. I again mist emphatically point out that the Wehrmacht Commander Southeast must manage in the coming year to with the Forces remaining with him, and that is his duty to employ those measures which will guarantee success.
Note Wehrmacht Commander Southeast:
The plenipotentiary Commander in Swebia is requested to present suitable proposals.
1. -Attitude about the Situation Reports
1.) All reports on the enemy available here, show that, under the influence of the fighting in the East and Anglo Russian propagando, an increased revival of the Insurgent movement within the area under the command of the Plenipotentiary Commanding General in Serbia had to be expected in the coming spring.
2) Between 1 September 1941 and 12 February 1942 the enemy suffered the following losses:
If your Honor please, during that period 1 September 1941 and 12 February 1942, the Wehrmacht Commander Southeast with the defendant List later the defendant Kuntze, Defendant Foertsch was Chief os Staff to - both of those men.
a.) Killed in action or shot: 7756 persons
b.) Shot as prepresal measures subsequent to combat actions: 20149 persons.
3. ) No prisoners were taken in the course of combat actions with the Insurgents. Who ever is found carrying or possessing a weapon or who ever is active in the serving the enemy is shot on the spot.
4.) Arrested suspects are subjected to the following procedure after investigating the question of gult in accordance with marial lae:
a.) Those found guilty are shot b. ) All persons where the question of quit cannot be clarified without doubt are trasferred to a Prison Camp for the execution of reprisal measures.
c. ) This found to be innocent are released. To shoot all persons encountered in the combat area on principle, with the simultaneous burning of their homos without clarifying the question of guilt would result in the following:
a. A further decrease in food production for the troops and population, since the majority of the villages occupied by the bands are rural communities.3
h.) Further decrease in the number of employees in plant and armament factories.
c.) Further limitation of quarters foe troops.
5.) Uniforms are worn in Serbia by:
The Serbian Auxiliary Police under the command of the Nedic Government, with its affiliated formations (Town police, Gendarmes, Auxiliary Gendarmes, Cetniks). These uniforms correspond to the former Jugoslav uniforms but because of lack of raw materials - have different types of changes. Uniforms worn otherwise would expose the wearers to arrest and shooting. It can therefore be regarded only as belonging to the Insurgents.
"Inasfar as officers on active duty, formerly with the Jugoslav Army, who are not in the service of the Nedic Government, were apprehended, they were transferred to German prisoner of war camps.
"7) Rumors about the division or the total occupation of the Serbian territory by Hungarians, Italians, or Bulgarians are repeatedly spread among the allied (Axis) nations and their newspapers. They do not help to quiet the country. So far arrogance or disregard towards the German Wehrmacht has not been shown. Moreover, it is confirmed that the Wehrmacht is respected everywhere. This also expressed by the fact that the insurgents presently try to evade any contact with German forces on the whole.
"II. Summing Up and Proposals.
"On view of the extraordinarily difficult terrain - at least half the country consists of wooded mountains 500 to 1800 meters high, more or less without roads - a complete suppression of the insurgent movement with the forces at present available seems impossible to accomplish. It must also be taken into consideration that at the present, for instance in the case of the 704th Division, 75 percent of the infantry is tied down by guard and security service at railways and industrial installations. An effective remedy can be brought about only in the following manner:
"a) through bringing in divisions which need to be re-fitted, or reserve troops, in order to station as many troops as possible in the country.
"b) by shifting the Serbo-Croatian frontier towards west as far as Bosnia, to give the Serbian state an indispensable basis for its economic and national development. At the present almost one-half of the Serbs (more than three million) live outside of the state frontiers. They are constantly being most heavily oppressed, especially in Eastern Bosnia, by the Ustascha units, and this disturbance, which expresses itself in a flow of thousands of refugees across the Drina frontier, by its very nature is transmitted to Serbian territory.
"c) through stopping the supply of weapons from the south across the German-Italian line of demarcation, which frustrates all attempts by troops and government to seize illegally owned weapons.
"As long as the forces available are weak, troops not tied down by security duties have to put in constant appearance in the country, at one time here, at one time there, changing strength according to the situation, to carry out careful search for weapons and bandits. If the enemy is encountered, he is attacked.
"At the moment, action is being taken according to the above principles."
Signed Bader, General of the Artillery.
Turn next to page 111 in the English, page 74 in the German, Document NOKW-1797, which is offered as Prosecution Exhibit 530. These are minutes of a staff meeting of Italian and German high commanders during the period 3 to 29 March 1942. At this time Your Honors will recall ti the defendant Kuntze was Wehrmacht Commander Southeast and his Chief of Staff was the defendant Foertsch.
"Wehrmacht Commander Southeast, Headquarters 3 March 42.
"Subject: Conference with Italian Second Army.
"Enclosed please find the agreement made with the Second Italian Army concerning combat methods in Croatia.
"The OKW reserves approval.
"Signed for the Wehrmacht Commander Southeast (Twelfth Army), "The Chief of the General Staff."
Your Honors will note the receipt stamp of the Commanding General and Commander in Serbia in the middle of the first page of the document. The distribution list follows and then the minutes themselves:
"Minutes of the conference which took place in Abbazia on 3 March 1942 regarding the cooperation of the Italian, German, and Croatian forces for the final mopping up of the rebels in Croatia."
The participants in the conference are listed. Your Honors will note the General of Engineers Kuntze, Deputy Wehrmacht Commander South east as representative of the OKW, and General of Artillery Bader, Commanding General Plenipotentiary in Serbia, were among the participants.
Also Brigadier General Glaise von Horstenau, the German general in Zagreb.
I think we need not read the entire minutes. They concern themselves with a good deal of tactical and purely military operational material. I call Your Honors' attention to paragraph 3 of the minutes, which is on page 113 of the English, page 76 of the German, the forces which were available for the operations, the command operations of the Italian and German units.
Next on page 114 of the English and page 77 of the German, the general plan of operations:
"General Plan of Operations:
"It was established that the fight against the insurgents in Croatia had to be carried out according to a unified point of view; i.e., a concentric operation will have to be carried out on the basis of an estimate of the significance of the individual zones of insurrection. East Bosnia was called the most important zone of insurrection. The forces available will be employed here first. Later operations will extend in a northwest direction. The Commander-in-Chief of the Second Army will lay down the plan of operation and will agree with General Bader on the method by which these operations will be carried out in Bosnia. General Bader - subordinate to the Commander-in-Chief of the Second Army - will direct the operations himself, To this end the German, Italian, and Croatian army units assigned to the operations are subordinate to him."
Next skipping to paragraph 8, "Occupation of the Areas and Police Services", which is on page 115 of the English and page 78 of the German:
"Occupation troops will be left in the territories cleaned up by the operations in order to secure quiet and police services. This police service will be carried out by occupation troops and the corresponding police organs and in addition by the Croatian Gendarmerie. It was suggested that General Laxa see to the reinforcement of this gendarmerie.
"It is agreed that the administration (civil power) in the occupied territories will be carried out in the beginning by the military authorities.
After the pacification of the individual zones the Croatian civil authorities will be employed for administration pursuant to the decision of the Commander-in-Chief of the Second Italian Army."
Next follows the line of demarcation, which I think we need not read, but continuing with paragraph 10:
"Relation to Chetniks and to the Communists:
"It is agreed that no liaison of any sort will take place with the insurgents, neither with the Chetniks nor with the Communists.
"11) Treatment of the Rebels and of the Population:
"It is ordered that all rebels caught bearing weapons must be shot to death as well as any person in their employ or supporting them. Villages in which arms and ammunition are found or from which the rebels have been employed in any way whatsoever be burned down.
"During and after the operations the occupation units will treat the population with understanding and justly. Then the Croatian government will take measures to restore law and order. For this purpose it will immediately make the legal provisions necessary for the existence of the population."
Page 117 of the English and page 80 of the German, the minutes end. They are signed:
"Abbazia, the 3rd of March 1942, 1930 hours "By Vladimir Laxa, Major General, "By Kuntze and "By General D. Ambrosio."
Continuing on page 117 of the English, page 81 of the German, a communication from Combat Group Bader dated 29 March 1942. Your Honors will note the receipt stamp of the Commanding General in Command in Serbia for the 30th of March 1942.
"On 28 March P.M. continuation of the conference with practically the same participants as in the morning. General Roatta asks numerous questions and as a result he establishes essentially the following:
"1. The Croatian administration actually carries out even toda sovereignty rights in the insurrection area.
"2. The territory between Save, Drina, and Bosna is declared operation area under the commanding officer of the German 718th Division. A representative of the Croatian government is with him who will transfer to Combat Group Bader with the transfer of command.
"3. The verbal note of the Croatian government according to which the taking over of the actual power by authorities other than the Croatian government signifies interference with the sovereignty of the Croatian state is based on mistaken assumptions. Not only according to German and Italian but also according to general international custom the commander of a unit exercises the executive power during an operation, in as far as the operation demands."
I think we need not spend too much time on the intervening pages of this report from Combat Group Bader. They are largely of a tactical and operational nature. I call Your Honors' attention to paragraph 14 of the communication which is on page 122 of the English and page 86 of the German:
"14. Attitude toward the Population:
"a. Insurgents encountered bearing arms or in combat.
"b. Insurgents whose participation in combat can be proven.
"c. Suspects.
"d. Unsuspected persons.
"The population under 'a' and 'b' is to be shot to death; under 'c' to be 'removed'; under 'd' to be released."
Then continuing on page 123 of the English, page 87 of the German, paragraph 19:
"19. At the conclusion, the Chetnik problem was again discussed and again very thoroughly. (As during the entire conference, each word was taken down by several stenographers.)
"General Roatta states:
"a. Communists are the enemy of all. Under no circumstances can negotiations be carried on with them.
"b. Chetniks, it is true, are enemies of Croatia but they are not enemies of the Axis. It would be practical therefore to negotiate at first with Chetniks only, of course, with the consent of the Croatian government."
And at the bottom of the page: "The conference was concluded approximately 1130 hours. Distribution as Ia 101/42 Top Secret." Signed Bader, Lieutenant General of Artillery.
Next turn to page 126 of the English, page 88 of the German document book, Document NOKW-1745, which becomes Prosecution Exhibit 531. This is an order of the Commanding General and Commander in Serbia, dated Headquarters 18 April 1943. The order is to the "Chief of the 6th Company of 4th Regiment Brandenburg":
"1) In modification of the order of the Commanding General and Commander in Serbia Ia, No. 1283/43 Secret of 14 April 43, the company is to be transferred to Trstenik on 20/21 April and to be subordinated to the I Royal Bulgarian Occupation Corps. Report of transport to be made by company.
"2) Task: Guarding of Goc area (bands Gordic and Keserovic) as well as the carrying out in cooperation with the SD of mopping up and punitive measures as proposed by the Serbian Minister of the Interior of the 16th of April; see enclosure. (Enclosure sent ahead to the Company Brandenburg) "3) In execution of paragraph one of the instructions, the commander of the security police shoots to death ten DM followers brought in from the district Trstenik during operation 'Heinrich'."4) The Commandant of the Administrative Sub-Area Headquarters 610 imposes a fine according to paragraph 2 of the proposal.
"5) Execution is to be reported. Publication and propagandists exploitation of the measures will be organized from here after conclusion."
Signed "Bader".
We continue on page 128 of the English, page 89 of the German, Document NOKW 1713, which is offered as Prosecution Exhibit 532.
"Combat Group Western Bosnia, dated Staff Headquarters, 14 July 1942. Receipt Stamp: Commanding General and Commander in Serbia, Operation Plan ....."
I think we need not read it. It is largely of a tactical nature. I call your Honors' attention to paragraph 6 of page 129 of the English, page 90 of the German Document Book:
"Behavior towards the Population.
"Partisans and persons who aid them are to be shot by the forces after interrogation. Important persons will be sent for detailed interrogation to higher headquarters.
"All men over 14 years old, except frail old men , of the ARE to be mopped up between Una and Sana, are to be arrested and taken to Collection Camps. Women and children are to be left in their villages or ordered to return there.
Signed Stahl," Who is Commander of Combat Group Western Bosnia.
We return next to page 131 in the English, page 91 in the German, Document NOKW 1721, which is offered as Prosecution Exhibit 533. These are a series of reports and orders of the Commanding General and Commander in Serbia. First, is a report from the Commanding General and Commander in Serbia dated - Headquarters, 1 August 1942 to the Wehrmacht Commander Southeast.
Your Honors will recall at this time 1 August 1942 Commanding General and Commander in Serbia is General Bader, and his Chief of Staff is the defendant Gaitner and on 1 August 1942 the defendant Kunze is still Wehrmacht Commander Southeast and his Chief of Staff is the defendant Foertsch.
"TO Wehrmacht Commander Southeast Stamp:
SECRET 1. Enemy Situation.
Losses up to date incurred during mopping up of the Una-Sana bend (final report not yet available):
Germans: 6 dead, 11 wounded Croatian:
11 dead, 24 wounded Enemy:
450 dead, 1946 prisoners (of this 269 were shot as convicted partisans) The German Battalions subordinated to the Railway Security Staff (for special service) BROD conducted successful mopping up operations on both sides of the railroad Zagreb-Belgrad.
Enemy sabotage is diminishing in the Fruska Gora. The enemy suffered losses, 90 convicted patisans were shot by the Croatian Police. North of the Line Nova Gradiska - Nevska the enemy was forced to move North by German operations. An additional battalion will arrive at Popovaca today."
Next is the distribution list and we might as well note on the distribution list Wehrmacht Commander Southeast and Higher SS and Police Commanders.
Continuing with the report of the Commanding General and Commander in Serbia:
"Own Losses during the period 16 - 25 July 1942:"
I call your Honors attention simply to total losses, under own losses: 85 dead, 55 wounded, 131 missing. Total under enemy losses, l,600/dead, 49 wounded, 2,177 arrested.
Page 133 of the English, and page 92 of the German, there is another report of the Commanding General and Commander in Serbia. This one is dated Headquarters: 11 August 1942, to Wehrmacht Commander Southeast. The Wehrmacht Commander Southeast at this time, 11 August 1942, is General Loehr, whose Chief of Staff is the defendant Foertsch. The defendant Geitner continues to be Chief of Staff of the Commanding General and Commander in Serbia:
"I. ENEMY SITUATION
c) Area Vrbas - Sana - Una:
In the Kozara area dispersed enemy forces of about 500 men have to be taken into consideration. Total enemy losses during the Kozara operation amount to about 4300 dead and 10,600 prisoners and people taken into temporary custody.
. . . . . . . .
The strength of the Serbian State Guard (Racial Germans and Hungarian origin) in the Banat amounts to 39 officers and 1063 E.M. During raids in the BANAT 60 Communists were arrested . . . . .
VII. Administration No events occurred worth noticing.
In detention camps there are 102 hostages and 1481 retaliation prisoners.
Signed for the Commanding General and Commander in Serbia, Chief of Staff von Geitner."
Continuing with the bottom of page 134 of the English, and 93 of the German, I call your Donors' attention to the total losses under "Own Losses:" 96 dead, 159 wounded, 23 missing, as compared to enemy losses during the same period: 1,494 dead, 119 wounded, 1,946 prisoners.
We turn next to page 136 of the English, page 95 of the German ----
THE PRESIDENT: The Tribunal has some matters which will require some additional time during the noon hour and we will adjourn at this time until 1:30.
(A recess was taken until 1330 hours)
AFTERNOON SESSION (The hearing reconvened at 1330 hours.)
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: You may proceed, Mr. Fenstermacher.
MR. FENSTERMACHER: Thank you, your Honor. Prior to luncheon recess we had just finished NOKW 1721 which was offered as Exhibit 533 and we continue now on page 136 of the English, page 95 of the German, Document NOKW 1668 which is offered as Prosecution Exhibit 534.
This is an exchange of correspondence between the Armed Forces Commander Southeast and Commanding General in Serbia covering the period 23 August 1943 to 11 November 1942 during which period General Loehr was Armed Forces Commander Southeast and his Chief of Staff was the defendant Foertsch and General Bader was Commanding General and Commander in Serbia and his Chief of Staff was the defendant Geitner. The first communication is from Wehrmacht Commander Southeast, dated Army Headquarters, 23 August 1942.
"Subject: Conversation between Colonel Kogard and Lieutenant Colonel in the General Staff Pfafferott.
"To the Commanding General and Commander in Serbia:
"We issue in the following an excerpt of an operational order of the 7 Company Demonstration Regiment "Brandenburg":
"Mission: In order to make the presence of German troops felt, the group Wedel gives the following order to the company: The company is to advance again into the area of Marini and is to shoot to death all persons men, women and children who are still there.
Signed:
"For the Wehrmacht Commander (12th Army Headquarters) The Chief of the General Staff I A Pfafferott Lieutenant Colonel in the General Staff" Your Honors will note receipt stamp of Commanding General and Commander in Serbia dated 28 August 1942.
Page 137 of the English, page 96 of the German: This is a communication of the Commanding General and Commander in Serbia dated 1 September 1942:
"Reference: Conversation between Colonel Kogard and Major in the General Staff Gehm.
"Subject: Order of the Combat group West Bosnia to shoot to death insurgents.
"To the 714 Infantry Division.
"The OKH Office Counter Intelligence has objected to an order issued to the 7 Company Demonstration Regiment "Brandenburg" to shoot to death men, women and children. Such an order was unknown here."
The order which now has been transmitted in excerpt by the OKH Office Counter Intelligence reads as follows:
"Mission: In order to make the presence of German Troops felt, the group Wedel gives the following order to the company: The company is to advance again into the area Marini and is to shoot to death all persons men, women and children who are still there."
We request an immediate answer.
Signed:
For the Commanding General and Commander in Serbia The Chief of the General Staff:
Geitner Next on page 138 of the English, page 97 of the German, Communication from the 714 Infantry Division dated 5 September 1942.
Commanding General and Commander in Serbia.
Subject: Shooting to death of insurgents, Combat Group West Bosnia.
Reference: Commanding General and Commander in Serbia, Department Ia No. 406/42 top secret, of 1 September 42.
We beg to be permitted to present our answer to the above matter on 9 September instead of 16 September as the Commander of the 721 Infantry Division is on leave.
Signed:
For the Division Headquarters The Ia Major Then at the bottom of page 138 of the English, 98 in the German, communication from the 714 Infantry Division, dated 18 September 1942 to the Commanding General and Commander in Serbia, with respect to the same matter.
The next follows on page 139 of the English and 98 of the German:
The requested answer could only now be submitted because of the leave and subsequent commitment of Lieutenant Colonel von Wedel.
The Combat Group Westbosnia of Lieutenant Colonel von Wedel did not give an order either in writing or orally to shoot to death women and children.
During the operation of the Company Demonstration Regiment Brandenburg the deputy company commander once drew the attention of Lieutenant Colonel von Wedel to the fact that women were often encountered among the fighting partisans. Thereupon Lieutenant Colonel von Wedel answered that no clemency could be shown to such rifle women. Children on the other hand were not mentioned:
To stress the presence of German troops was not necessary as their performances and successes were sufficiently known to the partisans as well as to the population.
Continuing a communication from the Commanding General and Commander in Serbia Local Headquarters dated 23 September 1942.
To Wehrmacht Commander Southeast Saloniki.
The following answer was received by the 714 Infantry Division:
The text is the same as in the preceeding memorandum from Stahl except that it is signed for the Commanding General and Commander in Serbia, Chief of General Staff Geitner.
Continuing on the bottom of page 140 of the English and 100 of the German, is another communication from the Wehrmacht Commander Southeast dated 11 November, 1942: