On Page 42 of the German, and Page 53 of the English, there is an order, NOK" which is offered as Exhibit 93. This is a signed Boehma order, and was sent to the units of the 65th Corps, 342nd Division, the 125th Infantry Regiment, and other headquarters and officers. The subject is, "The arrest of relatives of Franc-Tireurs" "In the course of the arresting of hostages, it is necessary to seize especially the relatives of the Franc-Tireurs.
Thereby, the liaison of the relatives to the Franc-Tireurs which is exploited many times for transmitting information is prevented.
The levying of these hostages includes the mail relatives aged 15 and over, and the wives of the Franc-Tireurs. Those relatives are to be accommodated in the concentration camps. In case of German losses, the male relatives are to be shot according to the provisions of the order of the Plenipotentiary Commanding General of Serbia No. 284811.
And that, if your Honors please, is the Boehma order of 10 October 1941, Exhibit 88 in evidence.
Subject: Arrest of relatives of Franc-Tireurs SECRET In the course of the arresting of hostages, it is necessary to seize especially the relatives of the Franc-Tireurs.
Thereby, the liaison of the relatives to the Franc-Tireurs which is exploited many times for transmitting information is prevented.
The levying of these hostages includes the male relatives aged 15 and over and the wives of the Franc-Tireurs. These relatives are to be accommodated in the concentration camps. In case of German losses, the male relatives are to be shot according to the provisions of the order "Plenipotentiary Commanding General 1 in Serbia No. 2848/41. Secret of 10 October 1941. "In garrisons, the senior members are responsible for the arrest; outside of these, the leaders in combat actions.
It may be of value to make use of Serbian offices which have already worked together with us up to now. This must nevertheless take place in such a manner that a warning of those concerned is out of the question.
Evidence from the card index of names of the SD special purposes unit provided the first clue. The LXVth corps is to place itself in direct liaison with the special purpose unit of the SD for this purpose. The 342nd Inf. Div. and the 125 Inf. Reg. are to receive evidence through the Plenipotentiary Commanding General in Serbia. It is important that this evidence be handed to the unit in good time in connection with the cleaning-up operations.
Details of these families, from which men have gone "into the forest" are to be forced from the population especially from these senior in the locality." I would just like to draw the Court's attention to the fact that the co-operation between the LXV Corps and the SD and the other units is quoted here by Boehem. (pencilled notes) Pn (Signed) by Gen.
Goenme General of Infantry Distribution:
Hqs. Staff Administrative Staff Special Purpose Unit, SD
LXV Corps 342nd Inf.
Division 125 Inf.
Regiment 17729/13 Ia Qu XVIII Inf.
corps To the 113th Infantry Regiment on 1 November 200 x 200 CERTIFICATE OF TRANSLATION 5 March 1947 I, Mary E. Carter, 2120728, Warrant Officer, WAAF, hereby certify that I am thoroughly conversant with the English and German languages, and that the above is a true and correct translation of the document No. NOKW-225.Mary E. Carter, 2120728 Warrant Officer, WAAF.
On page 43 of the German text, page 55, of the English text, we have Document W 1070, which is offered as Exhibit 94, in evidence. This is orders from the 342nd Infantry Division to lower units of the Division.
The orders are signed by General Hinghofer, the major general who commanded the Division. It is dated 13 October 1941. The first order is a radio message to the 698th Infantry Regiment.
"Shoot civilian prisoners as reprisal for German losses with indication of the reason".
and from the asterisks below, apparently it was on a radio message form, given over the telephone at 10:30 o'clock.
The next is a Division order for an action dated 13 October 1941, and recites a surprise attack against German troops in Krupanj by insurgents a few weeks before, and states that "the Division has the task of avenging this assault with all severity."
Then it recites the units which will be involved in the small task force which is going out to do this, and then gives the marching orders, and paragraph 3, the first sub-paragraph (a), being directions to the regiment, and paragraph (b) the only important part is the last two lines.
It say, at the bottom of page 43 of the German.
"All soldiers and civilians encountered on the way are to be shot".
Paragraph (f) appears at the top of page 44, in the German text "The village of Krupanj is to be surrounded, all men found there are to be shot, the village is to be burned.
German prisoners there are to be liberated."
I would just like to point out the fact that these people were taking prisoners, and apparently the Germans had reason to believe that they were alive, because they ordered their liberation.
The 5th paragraph is not important.
It is signed, "Hinghofer".
On the 15th of October to the 698th regiment, a communication from the 1 section, 342nd Infantry Division, "all taken prisoners are to be shot on the spot together with a repeated notification of the proclamation. The remaining population is to be gathered around during the action as far as possible."
Then a communication to the Infantry Regiment, 699, again from the 1 section, 342th Division 15 October 1941:
"All those captured in the Church at Prnjavor are to be shot, making the proclamation known beforehand. If possible, the rest of the population is to be gathered around during "this action."
Then we have a recital on 24th October with reference to Valjevo, "For a long time Valjevo has been threatened by the Communists and is partly surrounded. Exact position of the enemy is not known. German troops are in Valjevo."
Then, paragraph 4, orders to subordinate units. An Engineer Detachment, and we small combat groups to move on Valjevo on the 23 October 1941, and then artillery and armor instructions in paragraph 5: The advance detachment will march tomorrow without any vehicles at the spearhead of Group 698 to Biljeg (322). There it turns towards Southeast.
.........
(page 8 of original)
4) Continuation of march
a.) Group 698th Engineer Detachment, Groups 699 and 697 continue tomorrow their march on Valjevo as on 23 October 1941. Vehicles and escort troops on the route itself. Escort troops as on 23 October 1941 on the bordering heights on both sides of the route and in the vehicle convoys.
It is important tomorrow to show lively fighting activity. Valjevo itself and the localities nearby, up to 4 km from the edge of the town are to be spared from fire. All other places, especially near roads, are to be submitted to harassing Artillery fire if there are no definite enemy targets.
(page 9 of original)
In and near Valjevo no destructions:
a) The area outside of the 4 km Zone around Valjevo must be denied the enemy for use as quarters and supply area.
All village along the route of advance and in the area to be attacked are to be burned accordingly. The inhabitants will be spared in as far as they are not participants in the fighting, hide arms, or aid the enemy. It is signed, "Hinghofer".
Then comes, on page 46 of the German, page 61 of the English, Document NOKW 1205, Exhibit 95, in evidence, which is an order of General Ainghofer, or a communication from General Hinghofer to the commander of the 342nd Infantry Division, which is under Boehma, which he sends to his chief, as Plenipotentiary Commanding General, and the receipt stamp is for the 18 Corps Headquarters on 16 October.
The report states:
During the mopping up of insurgents - mainly Communists - in the Macva area by the division the male population between 14 and 70 years was brought into a concentration camp as ordered. By this measure the rear of the advancing forces was kept open and thereby their advance was materially facilitated.
In the majority the insurgents wear farmer's clothing. When they lay down their arms they an in no way be distinguished from the village inhabitants. Insurgents remaining with the population could have appeared in the rear of the troops if evacuation had not been carried out - at least they could have interfered noticably with communications to the rear by surprise attacks. That, indeed, many insurgents stayed with the population is proved by the fact that 233 communists could immediately to taken out of the Concentration Camp in Sabac during the first days of the mopping up operation, who had been named as such and as participants in bandit fighting by their fellow prisoners; they were shot.
In the villages where mopping up operations had been completed the returning male population between 15 and 60 years which was not present during the mopping up operations was requested by means of the enclosed proclamation by the division to report at once to the Mayor's Office in their villages for disposal by the German Army. By this order it would have been possible to take care of the villages without difficulty with only a patrol service (page 2 of original) and to keep them free from insurgents who wish to return.
(handwritten: Because a large part of the population detained after police check) in Concentration Camps was released, the mopping up of the Cer Mountains became partly ineffective, because insurgents who had been forced out were able to mingle easily with the population, without being recognized, in the villages lying near the foot of the mountains to the Norht. In addition an effective control and supervision by the scanty units available for this purpose has been made extremely difficult.
As in evident from many reports, a number of insurgents not yet determined but certainly large, has returned again, partly armed, to their villages in the Macva. It is not be expected that the other villagers, who were assumed to have peaceful intentions and were therefore again released from the Concentration Camp will denounce them, not only on account of national motives but - and primarily - out of fear of the insurgents' revenge. To find now these bandits who have returned is a task the accomplishment of which demands a major exertion of forces; but even then it is doubtful whether this task can be accomplished satisfactorily without a renewed complete evacuation of the male population concerned.
It is to be assumed with certainty that the Insurgent Movement in the Macva has been materially eased by the release of many people from the Concentration Camp and will spring up again after the departure of the Division into another area of employment.
MR. DENNEY: On Page 49 of the German and page 64 of the English is Document No. NOKW-1411, which is offered as the Prosecution's Exhibit 96. This is a statement by a subordinate unit-, to the 342nd Infantry Division, which contains the report on the execution of two Communists who were denounced by a third man. I don't think we need to read page 49 of the German, which is page 64 of the English. The account on page 65 of the English, which is page 50 of the German, the subject is "operation to Glusci", dated 16 October 1941, and is a report from 1st Lieutenant in 342nd Artillery Regiment, to the 342nd Infantry Division. ("I left.....Proske") Proske In the Field, 16 October 1941.
1st Lieutenant in 342 Artillery Regiment Subject:
Operation to Glusci To the 342nd Infantry Division - Branch Ia "I left Sabac at 0330, arrived at Glusci at 0445.
Of the 4 Communists named in the enclosed Division Ic report Svetomir Olimpic and the barber Milovan were able to be surprised and arrested in their houses. They were shot dead on the spot. Both of them stated that they had been with the Communists in the Cer Plania for several weeks and having returned to Glusci only a few days ago. The barber Milovan further stated that he had thrown his rifle and ammunition in a brook about 6 kilometers from Glusci. He was unable to give the name of the brook. The 2 other Communists could not be found. Family and neighbors stated that they had not been home for three weeks. In addition they stated that these two had been with the Communists for a long time and that they would report immediately if the showed up.
Dragomir Brkic is alleged to be in the prison camp in Mitrovica. His leader is said to be the teacher who is still in the Cer Plania.
His name is unknown.
Returned at 0845 hours.
(signature)
Proske" And then on page 51 of the German, page 67 of the English, is a report from the Plenipotentiary Commanding General in Serbia, signed by Boehme, to the Wehrmacht Commander Southeast.
He has received a communication, which is 1561/41 top secret, which makes inquiry of Boehme. The subject is "hostages". This is dated 19 October 1941. In his reply to List he says, "To the order referred to above the following is reported", and, of course, he is referring to List's communication to him, "1.) With the Commanding General - Plenipotentiary in Serbia III/Chief Military Administration/ Qu No. 2848/41 secret dated 10.10. paragraph 2, the subordinate Hqs. authorities and troop units were ordered;" And then he sets out a portion of his order of 10 October, which has been received in evidence as Exhibit No. 88. He quotes only a short portion of the order, and, if Your Honors will recall, that order was also sent for information to the Wehrmacht Commander Southeast to Defendant List. This is nine days subsequent to the date of that order. Continuing with the quotation, "In all garrisons in Serbia, all communists, residents suspected of being communists, all Jews, a certain number of nationalists and democratic inhabitants are to be arrested as hostages by sudden operations. These hostages and the population are to be informed that in cases of attacks on German soldiers or Volksdeutsche, the hostages will be shot to death." And then he cites, "With the "Commanding General - Plenipotentiary in Serbia" Administrative Staff/Ic No. 9247/41 secret dated 14/10, it was further ordered that in order to stop the transmission of intelligence of the insurgents, the family members of the insurrectionists in particular are to be seized and this means the male relatives, as well as the wives of the insurgents.
However, for shootings to death only male relatives are to be considered.
3) For Belgrade, large scale arrests of leading personalities are in preparation. The names of leading personalities arrested and of reprisal measures carried out will be published by posters and dropping of leaflets."
MR. DENNEY: It is for the Commanding General Plenipotentiary in Serbia, and is signed by his Chief of Staff, Pemsel. And, of course, this being a reply, the distribution is substantially different from what we have seen on the other documents, which arr orders. In some cases the document, No. 88 for instance, where a copy was sent forward to the Defendant List for information, but here, of course, this went out to the Defendant List. On page 52 of the German and page 69 of the English, Document No. NOKW 191a, which is offered as Prosecution's Exhibit No. 98. Is that right, Major Hatfield?
MAJOR HATFIELD: Yes, it is.
MR. DENNEY: And was No. NOKW 197 marked Exhibit No. 97?
MAJOR HATFIELD: Yes, it was.
MR. DENNEY: Thank you. This is just a draft form. It is not signed but on the reference numbers appear the numbers 2848/41, and, if Your Honors recall, that is the number which is on the Boehme order of 10 October. And in addition the second paragraph, under Arabic numeral "2", which is on page 27 of the German Document Book III, page 34 of the English Document Book III, and is the first page of Exhibit 88, speaks of reports which are to be made on the 10th, 20th, and last of each month, with reference to the number of hostages. And this has the field numbers in the reference here and is just a blank form, apparently, which was made up, whether it was ever used or not. But it comes from Boehme's headquarters because it has the Commanding General Plenipotentiary in Serbia on the top of it and it is listed as a copy, and its subject is "Reprisal Measures". And it is obviously a form that can be sent out in order that actions may be reported back. It says, "Pursuant to the order for the suppression of tho Communist insurrection movement ......hostages will be shot for and then there follows "The execution is to be conducted by" and then it states Commander Serbia, Admin.
Staff, will provides hostages. The date and place of the execution, fetching and delivery of hostages as well as further details will be agreed upon directly between the troop units executing (reprisals) and Commander Serbia, Admin. Staff.
Reports of execution to be sent to the Commanding General Plenipotentiary in Serbia.
For the Commanding General - Plenipotentiary in Serbia The Chief of the General Staff".
MR. DENNEY: The next document appeals on page 53 of the German, page 71 of the English, and it is offered as Exhibit 99 in evidence. This again is a draft.
THE PRESIDENT: Did you give the number of the document?
MR. DENNEY: The document is No. NOKW 387, if Your Honors please, Exhibit No. 99.
THE PRESIDENT: Thank you.
MR. DENNEY: Thank you, Sir. I may not have stated it. This is, as I have stated, just a draft; however, there is a stamp on the top of it, and it's entitled, "Negotiations with Insurgents", and at the bottom, under Distribution, it says, "In the draft", and "Taken care of immediately."
Subject: Negotiations with insurgents.
On 29 Sept. 41, an anti-aircraft defense company in Grn. Milanovac was attacked by insurgents, and after s short battle, the majority were taken, and carried off to the mountains.
On 4 Oct. 41, a guard detachment of the 1st and 18th Ordnance battalions, 4 NCOs and 40 men strong was likewise captured by the insurgents after a short fight without any losses. In both cases, the same circumstances led to a result unworthy of a German soldier. The serious error was made on our own side, of negotiating with the insurgents. In both cases, the unit let itself be deceived by the promise of a "honorable agreement", instead of defending themselves to the last cartridge.
On basis of these events I command:
1. No negotiations of any sort are to be made with insurgents.
2. Negotiators of the insurgents do not enjoy the protection which negotiators of a regular unit must be allowed. If negotiators appear before the start of a combat action they are to be arrested and tried by courts martial as franc-tireurs. If negotiators appear during or after a fight, fire is to be opened on them at once.
Care is to be taken by the LXVth Corps and the Commander of Serbia that this order is forwarded for the information of all subordinated troops units and offices in the shortest possible time.
Then on page 53 of the German and page 72 of the English, the document continues. This is a report that was submitted to the 610th Administrative Subarea Headquarters and simultaneously for the information of the Commander Serbia and is written by a Captain von Bischofshausen and is directed to the events which took place at Kragujevac on the 20th and 21st of October with which the court is already familiar from the earlier report made by the unit involved. It starts:
In the days from the 14th to the 17th Oct. 41 the 3rd Battalion, 749th regiment stationed in this area carried out an operation to Milanovac where the 6th Company, 920 regiment was kidnapped. The unit was accom panied by two interpreters in German uniform of the district headquarters who informed me about details.
The unit, marching on the highway was allegedly shot at numerous times from the surrounding heights whereby they had losses of 9 dead and 27 wounded (of the latter one more died later). The interpreter, who know the country, called the attention of the battalion CO numerous times to the fact that a different tactic was necessary in this terrain in order to be able to combat the bandits, otherwise he would have unpreventable losses, without being able to do anything himself.
That happened. 87 of the enemy fell.
The battalion found Milanovac rather empty. About 40 male inhabitants who had concealed themselves, according to information of the battalion CO and had waited for the return of the German Wehrmacht were arrested and brought back with them as hostages.
Milanovac was completely destroyed likewise on the way back, the villages lying on the highway.
After the return from there, the battalion of the 749 regt. received the order to shoot for each dead 100, for each wounded 50 Serbs from Kragujevac.
Accordingly in the later evening hours on 18 Oct. 1941 all male Jews and a number of Communists, altogether about 70 men were arrested according to lists.
Since this number was not sufficient by far for the 2300 to be shot, it was proposed to collect the number lacking through arrests on the streets, squares and dwellings in a unified action in the town of Kargujevac by both the third battalion of the 749th Regiment and the first battalion 724th regt, stationed in Kragujevac.
Since the planned measure was in contradiction to the orders of the Plenipotentiary Commanding General - file notice 73/41 Secret of 9 Oct. 41 and file notes; 2848/41 Secret of 10 Oct. 41 as well as the Commander of Serbia - Admin. Staff Diary 10 Oct. 41, I attempted to in form the local senior officer, Major Koenig of the execution, in the sense of the order cited, in that I suggested, that the villages in the near and far vicinity of Kragujevac known to the district Hq for a long time as completely strewn with Communists, be surrounded and the necessary number to be shot be obtained there.
He accepted my suggestion voluntarily at once, and it was proposed to mop-up the villages Grosnica and Belosovac on Sunday by the first battalion, 724th regt. On Monday both battalions were to mop-up by a joint action the villages Mackovac, Marzic, Korman, Botunje and Komavice in the middle of which, the ill famed Parlog mountain lies, where the bandits allegedly have their forest quarters.
If then the number of those arrested would not have been sufficient, I suggested the combing through of villages further infested with Communists according to my information. I emphasize expressly that in the whole time of the existence of the district headquarters, not a single German Wehrmacht member or Volksdeutscher was wounder or shot in the city.
The citizens, of the city, numbering about 42,000 souls, always showed themselves loyal and inclined to co-operation of the Wehrmacht, whereby it should not be disregarded, that a part of these citizens were inclined always to the bandits; nothing happened.
In the evening of 19th Oct. 41 I was invited to a re-newed conference with Major Koening, where I learned to my astonishment that the whole plan had been thrown over: During the 19th of October 1941 the villages Grosnica and Milatovac were mopped-up by the first battalion 724 Regt. and burned down, and Meckvoc and Marsic by the third Battalion 749th Regt. At the same time 422 men were immediately shot on the spot in the villages without any losses on our side, among them a priest of the Greek Church in whose church tower ammunition had been found concealed.
In order to obtain the number of the 2300 lacking, a combing of the town Kragujevac was ordered again for the 20th of Oct.
1941. The arrests on the streets, squares, shops, dwellings, stores, etc., took place accordingly to day without regard for the persons involved, taking men between 16 and 60.
According to a statement of Major Koenig of the captives in German hands, those were to be taken who a. were in possession of a special pass of the district headquarters or another troop unit stationed here.
b. members of a vital profession or trade (doctors, druggists, bakers, butchers, grocers, technicians, workers of the light and water plants, etc.)
c.- could prove themselves members of the Ljotic movement.
In this case, no consideration was taken in any way for the points stated under number 2 in the order 2848/41. Furthermore, the last sentence of the second paragraph in the order made, Diary 4224 ("in order to prevent the annihilation of completely innocent people ......etc.,") was observed in no way.
Even this order of Staatsrat Turner which I brought expressly to the attention of Major Koening, he did not even wish to read saying that he had to act exclusively according to the order of the regimental commander of the 749th Inf. Regt. which set him to task of bringing together the necessary number of those to be shot from the men of the town of Kragujevac.
By radio, I urgently requested at 600 hours, 20 Oct. 41 an airplane from the Ic Branch, Commander of Serbia in order to attain through personal conference in Belgrade, that the orders issued would be carried out according to their sense. Unfortunately, the airplane was not sent, so that an interference of the superior office is no longer possible because the shootings were set for 7 o'clock early on the 21st Oct. 1941. I should like to state that the losses of the third Battalion 749th Regt occurred in an operation against the guilty locality Milanovac and not in the city of Kragujevac.
If 2300 bandits and those sympathizing with them had been captured and shot the order issued would have been taken care of completely enough.
According to my standpoint, a shooting partly of completely innocent persons from this city can have directly harmful effects. It is to be expected that embittered relatives of those shot will now practice acts of revenge on members of the German Wehrmacht.
Sabotage acts on drinking water and on the current temporary light supply, as well as a large attack of the bandits against the city, in which the units could suffer more losses than before, are not out of the realm of possibility. Above all, the psychological effect will be catastrophic. The residents of Kragujevac have expected of the German Wehrmacht, the elimination of the Communistic danger and the alligning into the new construction of Europe. With the methods used here, we shall not attain in any case the winning again of the favorably-inclined elements.
(Sgd.) v. Bischofshausen Captain and Commandant And then there appears that he reported personally in the above affair on the 26th of October, 1941 to the Chief of Staff, Commander in Serbia, and on the next day, the 29th, with the Plenipotentiary Commanding General in Serbia through Major Jais.
Certified a true copy by a captain.
THE PRESIDENT: Perhaps we'd better take a recess. The Tribunal will be in recess.
(There was a short recess.)
THE MARSHAL: All persons in the courtroom will please find their seats.
The Tribunal is again in session.
MR. DENNEY: At this time we come to a document which is not in the document book and which will have to be inserted. It is NOKW-1638and it is offered as Exhibit 100. I will hand three copies for the Court, one for the interpreters and reporters, each two copies, and two copies in English to be given to the Secretary General. I will come to the page enumeration in just a moment, your Honors. It is the document, the original of which is in Jugoslavian. We have German translations and English translations. I haven't come to the German copies yet, 11 copies for defense counsel in German, a copy in German for the interpretors and the reporters, and two copies in German for the Secretary General. I suggest that you give all 11 copies, the balance of the copies, to Dr. Laternser, after having given out one each to the counsel present, in order that he may make sure that they are properly distributed: (and finally the original copies that I read, the original in the Jugoslavian language are the three portions of the documents which are being offered at this time which will be handed to Major Hatfield.
DR. LATERNSER: Before the submission of the original document may I see it? After what I have seen, what has been presented to the defense counsel is not the complete copy of what has just been handed to the Tribunal.
MR. DENNEY: If your Honors, please, the portion which the defense has is the complete portion which is being offered in English. As to the Yugoslavian, I am told that is the original from which this is taken and there is a certificate there. I did notice Dr. Laternser as he went through it -- that there were some lists which were compiled which are not here? but the German translation and the English translation are identical and contain the same material.
Perhaps, if I could see the original from the Secretary General in Jugoslavian -
If your Honors, please, the same practice has been followed here. We have neglected to use all portions of the document; for instance, long lists of numbers have been left out and we will be very glad to have the balance of the document translated and given to Dr. Laternser. The practice, as I say, that we are following - we have have only translated a portion of the documents and these various pages; but we will get the balance of them translated in the German and furnish them tomorrow before -
I am informed by Mr. Varic that he can translate the balance from Jugoslavian into German by Monday evening.
DR. LATERNSER: Mr. President, I would like to protest against the introduction of the document for the following reasons. So far as I can see from the original document, this report is a combination of testimonies by witnesses, certainly several hundred persons. The committee in Yugoslavia has compiled these testimonies. In other words, acted as judges, and did not leave judicial action to the courts as I can see from a very short glance at this document, this is a combination of testimonies by witnesses, several hundred persons, and this established committee has taken judicial action with regard to this compilation which should be left to Judges.
The defense, therefore, has the disadvantage that the incriminating testimonies of the witnesses which can be used here against them, without the defense on their side having the right to cross examine these people, and to find out, through this cross examination, whether the testimonies are true.
Thus it can be seen that this report is completely subjective. If one takes into consideration that they are testimonies from former enemies -- Former enemies speak subjectively, - and I do not blame them but they must be put at the disposal of the defense for cross-examination.
These compilations, through the committee, cannot be checked. Rather, it is a protest, and I therefore protest against the introduction of this document if it is allowed, and I would ask that some of these persons should be placed at the disposal of the defense for cross-examination.
DR. STEFAN FRITSCH (Counsel for defendant Rendulic): I would like to add that these reports which I read hero are extracts, presumably; I don't know, from documents from committees from which my colleague Dr. Laternser, has already said, probably hundreds, perhaps thousands of people were interrogated and then the extracts and reports were based on this.
From these documents, I cannot see what sort of a committee this was.
Who appointed it. Whether former soldiers or present soldiers, whether judges, whether they were people who fought on the side of these partisan bonds, or insurgents, or whatever one can call them.
In addition the defense has not ever the theoretical possibility to cross-examine the people who compiled these extracts, because under the report it says, "signature illegible", - that is the signature of the consultant. That is one of the most important people, and this note, "signature illegible" bears quite frequently on the individual reports or excerpts, and I therefore protest against the introduction of these documents.
MR. DENNEY: If your Honors please, it is submitted that these documents are admissible for such value as tho Court chooses to give them. Article 9 of Ordinance No. 7, states that the Tribunal shall not require proof of facts of common knowledge, but shall take judicial notice thereof; they shall also take judicial notice of official government documents and reports of the United Nations, including the acts and documents of committees set up in the various allied countries.
The investigation is of war crimes, and it is the function also of military or other Tribunals of any of the United Nations.
The report of the Unit States with reference to concentration camps was submitted and received in evidence before the International Military Tribunals. Other reports of other countries, Military Tribunal 2, of the present Military Tribunal has received in evidence a report compiled by the Dutch Government, with reference to forced labor conditions in Holland.
JUDGE BURKE: What is this report?
MR. DENNEY: This is a report by the National Commission for the investigation of crimes committed by the occupied forces set up by the Yugoslavian government. The reports that we are submitting today, that we are offering today, are dated 24th of January, 1946; the 19th of November, 1943, and the 15th of August, 1945, and they have to do with events concerning the town of Kraljevo in October, 1941, the Grosnica and Kragujevac and surrounding villages on the same dates.
In addition, the happenings with reference to Sabac on the 18 to the 24 of October, 1941.
THE PRESIDENT: Isn't this report, Mr. Denney, of a nature somewhat similar to the proceedings before this court? They made certain findings, and in the course of time we will be required to make certain findings?
MR. DENNEY: If your Honor pleases, it is submitted that this is not a finding in the moaning that this court will make a finding. It is just a compilation of evidence with reference to what happened at that time from eye witnesses, taken by the official Commission which was set up for that purpose and which commission has been recognized both by the International Tribunal and other Tribunals here. The court, of course, can give it such value as it sees fit.
THE PRESIDENT: The request of counsel for the Prosecution for the admission of this document seems to be asking for a ruling that is far and beyond what members of this Tribunal are accustomed to consider as evidentiary. We appreciate the fact that there have been certain rules submitted, and established in these Tribunals, which, upon later consideration may require this court to be bound by their acts, but for the time being, the objection will be sustained, subject to the right of counsel for the prosecution to present this matter further, if you care to do so.
MR. DENNEY: If your Honors pleases, in that event we will have the exhibit marked 100A for identification.
THE PRESIDENT: It may be so marked.
MR. DENNEY: I suggest in the event there is any further reference to this document, that it be assigned page numbers at this time. The numbers which I have in mind, unless your Honors have a different view, is that it be inserted following page 76, and that the pages be numbered consecutively "a" through "o" each preceded by a "76", if that is agreeable with the Tribunal.