Around 1 June 1944 a ration-convoy consisting of 3 trucks was attacked by partisans from ambush in the vicinity of Ktismata (West of Elea, Greece), plundered, and some of the soldiers killed and some carried off (some were found several hundred meters away from the place of attack with their brains knocked out).
During the night of July 6/7 1944 a German supply convoy consisting of 7 - 8 trucks, among them 2 ambulances marked with the Red Cross and 1 truck of the International Red Cross with food for the civilian population of Igumeniza, was attacked by partisans on the road from Joannina to Igumeniza in the vicinity of Vlahori.
Some of the soldiers on the trucks were carried off during this attack. As reported by some survivors able to escape their abduction by flight, the partisans conducted a regular firing exercise on the wounded lying around on the place of attack after the attack had taken place. The entire Medical Personnel among them 1 German Captain and 1 First Lieutenant of the Medical Corps were murdered on this occasion.
And the affiant added "International Law" and an exclamation mark.
The Truck of the International Red Cross loaded with food was plundered on this occasion just as the German trucks. All vehicles were set afire after the attack had taken place.
In June 1944 the exact date is unknown to me now, a food-convoy of the International Red Cross consisting of 3 trucks was attacked by Partisans in the vicinity of Parapotamos (Past of Egumeniza) and entirely sacked. The food was intended for the suffering population of Igumoniza and the Isle of Corfu. During this attack a large part of the civilians who wanted to use the convoy as a means of transport were kidnapped by the partisans and a large ransom demanded for their release. The last mentioned was reported to the German authorities by the relatives of the kidnapped persons. A medical clearing station located in the vicinity of the Metzovonpass in charge of a First Lieutenant of the Medical Corps, was attacked by Communist partisans in 1944 (the exact date, I no longer remember).
The medical personnel as well as the entire equipment and supplies of the clearing station was carried off by the partisans.
Three children from Paramythia and one child from Joannina were kidnapped by Communist partisans in June 1944. A high ransom was demanded from the parents as a condition for their release. These amounts were probably intended for the supply and the further organization of the partisan-units.
During our withdrawal engagements along the entire Drina in November 1944, Moslems and members of the Ustascha, fighting as German allies for their freedom, when captured by Tito partisans were maltreated in the most abominable manner, massacred and killed.
The affiant has signed his affidavit. It has been certified and sworn to. This brings me to the next affidavit in this volume. It is on page 54 of Document Book Lanz II. It is Document 46, and it is offered as Exhibit 32. This affidavit has been given by one Julian von Reichmann who is a resident of Munich, and he says that his position was that of the Chief of the 12th Company of the Light Infantry Regiment 734, which as is well-known was under General Lanz, and he served there from the 17th of April 1944 until January 1, 1945. In this document, which is Exhibit 32, the witness describes his own experiences, which concern the uniforms and methods of fighting of the Partisans. He describes their treacherous surprise attacks which were contrary to International Law. I shall read only a few paragraphs. I shall read the first paragraph on page 54, where he swears to the following facts:
Most of the attacks made by the insurgents were made from ambush. At the end of May 1944 the train of the 3rd Battalion of the 734 Light Infantry Regiment was on its way from Filippias to Wonitsa via Amphilochia. Approximately 3 kilometers West of Amphilochia the train was attacked by armed partisan-units. My Company lost 2 dead and several wounded. All the insurgents wore civilian clothing according to a report by members of my Company. Special markings denoting the insurgents as members of an army were not noticed. They differed from the common civilians only by the weapon they carried and the supply bag carried on their back according to the custom of the country.
I shall skip the next two paragraphs 2) and 3), and would like to read the short paragraph 4 on page 55, and the affiant says:
A large ambulance convoy was attacked on the road from Prewesa to Jannina at the beginning of September 1944. The units marching at the head of the column during our retreat from Greece buried the dead. I have seen the graves of those who died which seemed to have been dug in a hurry.
The balance of this affidavit I recommend to the attention of the Court, and I shall come to the next document now, which is on page 57 in the same volume. It is Document 47, which will become Exhibit Lanz 33. This is an affidavit by Dr. Hans Stoeckinger, who says that his position was that of administrative officer of the 22nd Mountain Army Group from 1 September 1943 until the end of the war. The affidavit is very brief. It describes again the treacherous surprise attacks committed by the partisans on German soldiers and German medical convoys. He says, to read quickly from Page 57:
The supply line for food, clothing, arms, ammunition and equipment for the 22nd Mountain Army Corps serving in Epinus led over the Florina-Jannina - Agrinion - or Corfu road, which was about 300 kilometers long and very mountainous. Since I had to drive over this road very often, I was frequently a witness of attacks by the partisans on German supply columns, transports of wounded, and bases. These attacks were almost always made from ambush. I shall pick out three raids as examples:
Under A, B and C the affiant describes these three cases, which are more or loss the same as numerous other incidents which we have heard about here, and which were described by other affiants, attacks on medical convoys, ignoring the Red Cross trucks which had been procuring bodies, maltreatment of prisoners and things like that. I recommend this to the attention of the Tribunal, the affidavit has been duly signed, sworn to and certified.
This brings me to the next document in the same Document Book, Lanz II, which is Document 48 on page 59 - Document 48 on page 59, and it is offered as Lanz Exhibit 34. I shall not read this affidavit. It was given by one Wilhelm Baefends, who as he says was a passenger during the middle of August attending a training course in Berlin, and later on he became a leader of a Supply Detachment of the 1st Mountain Division in October 1944. The same experiences which this affiant gathered I shall recommend to the attention of the Tribunal. He describes particularly attacks on railroads and motorized convoys which amounted to a violation of International Law committed by the Partisans.
The next document which I beg to submit I need not read in its entirety. This is Document 49 in Document Book II. On page 61 of that volume, and it is offered as Exhibit Lanz 35. In this affidavit an eye-witness describes occurrences when treacherous attacks from ambush were made and cruelties committed on German soldiers by the partisans, and he describes the attitude which General Lanz took towards this method of fighting. I would like to read the beginning of this affidavit, where the affiant, who is called Georg Wilhelm Rodewald, says that during the war he was ADC and Lieutenant of the Reserve in the 1st Mountain Division, which of course was subordinate to General Lanz between May 1943 and March 1944. He also saw service as a platoon leader, company leader and Battalion Adjutant.
I shall merely read the first four paragraphs where the affiant says under (a) on page 61:
a. ) Attach on a German outpost in the Kilasin area in Montenegro. Middle of May 1943. 8 to 10 wounded men who had been left behind alive by their comrades were found the next morning mutilated with stabs and thrusts, as well as shots fired at close range.
b.) Attack on a weak German bridge security detachment of the Joannina-Trikkala road through the Pindos mountains. October-November 1943. Massacre of the wounded who had been left lying (Unit - so far as I remember - Engineer Battalion 54 of the 1st Mountain Division.)
c. ) In October 1943 General Lanz said to me personally in Motsovon (Joannina area): "In spite of all the brutalities of the partisans you must take care that our men do not let themselves give way to acts of violence under any circumstances, but adhere exclusively to the orders which have been given them." Upon the reply of a sergeant (Master Sergeant Schaefer, Mountain Light Infantry Regiment 98, killed in July 1944 in Albania) that we could not, however, tolerate this sort of warfare indefinitely, General Lanz answered: 'Protect yourselves in advance against such atrocities by the proper security measures.' This conversation, the affiant continues, was held on the occasion of the event mentioned under b.
d.) In December 1943 " German truck convoy was attacked in the Sarajevo area (in the vicinity of the village of Rogatica). The road was mopped up by us shortly afterwards. We found about 30 Germans lying in the road, elderly soldiers (drivers and assistant drivers) most of whom, besides gunshot wounds, also had crushed skulls and other cuts and stabs."
The balance of the affidavit is concerned with similar matters and I shall not read these points.
This brings me to the next document, which is document No. 50 in Lanz document book No. 2 on page 63, which is offered as exhibit Lanz No. 36.
This is an affidavit by affiant Willy Wenzke, who says that he was the ADG and later adjutant of Truck Transport Section 602 during the period from February, 1944 until the day of the capitulation, the end of the war in other words. The affiant deals in this document, which of course has been properly signed, sworn to and certified, mainly with emergency measures and measures taken on behalf of the civilian population by General Lanz. He then describes his experiences as to the conduct shown by the communist bands against the Greek population and he reports about malicious and cruel surprise attacks committed by the partisans on German troops. I would like to read the first and second paragraphs at this time, where he says on page 63:
"In the anti-Nazi officer circles among my acquaintance at that time in the corps commanded by General Lanz it was openly said that General Lanz had made himself very unpopular with Hitler. When the corps doctor shot himself because of on anti-Nazi remark, after the attempt on Hitler's life on 20 July, it was known in our more private officers' circles that General Lanz considered this step completely wrong. He would have seen to it that the remark in question had been passed off as a joke."
Under paragraph 2 the affiant describes relations with the Red Cross, which show a shining piece of honor for General Lanz, and I shall not read verbatim what the affiant says on page 63 and 64, but I would like to read from paragraph 3 and 4, both of which are contained on page 65 of the document book. Under paragraph 3, he says:
"Furthermore, I know that communist insurgents threatened and ven shot farmers of Trikkala when the latter tried to bring in their crops. The prefect and the burgemaster also received threatening letters, as these gentlemen themselves often confirmed to me when no attention was paid to these threats, a bomb was exploded as a 'warning' - as was said in leaflets - on 3 September 1944 in a bar in Trikkala, on the road to Kalibans, by which two Greeks were killed and many others serious wounded."
Under paragraph 4 the witness describes a surprise attack by partisan units on truck columns along the so-called Jeannina Pass, where so many attacks took place, and he reports that 15 German soldiers were killed, that the bringing back of their wounded was not possible for the Germans because the partisans fired on them.
To read from the last six lines on page 65 where the witness says:
"Only by a reconnaissance in force could it be ascertained that about 15 naked corpses, most of them completely mutilated, were lying on and near the road beside their burned out Vehicles. In leaflets, which were sent to my house, the communist fighting units boasted loudly of their deeds and called on us to desert in order to avoid a similar death."
The witness has sworn to this affidavit, which throws such a distinct light on the methods used by the partisans, and his affidavit has been duly certified.
I shall not read the details of the next document, which is document No. 51 on page 66 of document book 2, which is offered as exhibit 37. This affidavit has also been duly sworn to and certified. It comes from one Hans Zooberlein, who says in the first paragraph of the affidavit what positions he held with the units under General Lanz from 1941 until March 1945. At the end, he was a captain and chief of the company when finally he was wounded. Zooberlein, who for four wears served under General Lanz in the war, describes in his affidavit, which is a very detailed one and for which reason I will not read it, the cruelties committed by the partisans on German soldiers, and the treacherous methods used by the partisan units, then the way they used women and children in their ranks and on the other hand in contrast the support granted to the civilian population by the German troops and their leader, General Lanz, as well as the way prisoners were treated even if they came from the ranks of the partisans by the Wehrmacht and their leader, General Lanz, who today is a defendant.
I would recommend these statements as well to the judicial notice of the court without my reading them in detail here. I would appreciate it if this conduct shown by General Lanz could be compared under International Law to the conduct then shown by the opponents.
Nor will I read the next document, which is document 52 in Lanz document book 2. This is on page 71 and it is offered as Lanz exhibit No. 38, Lanz exhibit 38. This document is an affidavit by affiant Carl Georg Rall, who is 34 years of age and a resident of Munich. He says that he was a captain and regimental adjutant of the 1st Mountain Division since November, 1938, and between April and October of 1943, that is to say he served under the defendant Lanz. Captain Rall describes his own observations and experiences and nothing else, as did all the other affiants said before, how treacherously the partisans fought. He also describes in contrast the assistance granted by the German troops to the civilian population. I recommend this document to the attention of the Tribunal. It has been duly sworn to and certified.
This brings me to the next document, which is document No, 53 contained in Lanz document book 2 on page 74. which is offered as Exhibit Lanz No. 39. This affidavit was given by Gabbard von Lenthe, who has furnished other affidavits concerning different problems and about whom we know that he for a number of years, I believe as 1-E, or rather to correct myself that is, as 1-C belonged to the staff of General Lanz. The affidavit is very brief and I shall therefore read it. It is a small contribution to arrive at a judgment of the partisans and it concerns a captured British officer. On page 74 the affiant Lenthe swears to the following statement:
"In the summer of 1944 a British officer, who had been working as a liaison officer at the Greek-Albanian border with a staff of the bands in our presence and at which he was questioned about his opinion concerning the partisans, he declared among other things that he could not consider those partisans as soldiers, they rather were a crowd of robbers. I do not remember the name of the British officer. As far as I remember, he escaped while being transported into the prisoner of war camp."
This affidavit by the affiant Lenthe has been duly sworn to and certified and he was present at that interrogation, because he was I-C on General Lanz' staff.
Then, the final affidavit in document book 2, which I shall read. It is Document No. 54 on page 75, which will be given Lanz exhibit No. 40. This document -- and I wish to say this right away -- has been duly sworn to and certified and has been given by Friedrich Erdmann, who is 35 years of age and lives in Duesseldorf. He has given me another affidavit, which I read yesterday. We knew, as he confirms that he was ADC with the 22nd Mountain Army Corps from 1st September 1943 until the end of the war. During that period of time, he was of course subordinate to General Lanz. In this document, No. 54, the affiant describes his experiences as an ADC and speaks about the uniforms worn and the method of fighting shown by the Edes partisans and their treacherous methods against German troops which he contrasts with the agreements and negotiations made by General Lanz with the negotiator General Zervas, leader of the Edes troops.
In view of the importance of this affidavit and in view of the fact that the affiant by virtue of his official position gained particularly close insight into these things, I beg to be allowed to read this in full. It was given on 15 September by Friedrich Erdmann, ADC in war time of General Lanz. I shall read from page 75, paragraph 1:
"1.) The Edes-bands (Zervas) from September 1943 on fought not only in uniform, but also in civilian clothes. This was the case particularly with the reserve units, as they were called, which were used only casually and fought mostly in civilian clothes. This has been proven through numerous prisoners that were brought in wearing partly civilian clothes, partly uniforms (for instance uniform trousers only)and who were indisputably identified as members of the Edes-bands, not only on account of their own statements, but also on the basis of identification papers, leave papers etc.
"2.) The Edes-bands did not wear uniform marks recognizable at a distance.
Partly they wore cockade, partly alleged armbands (so-called holy brigade), partly no distinction mark at all. For that reason an agreement originally was made with the negotiator Sarantis at the occasion of jointly conducted defense actions by units of the 22nd (Mountain Corps) and the Edes-bands against the attacks of communistic bands on the Arachtosfront, that the Edes should wear a colored band on their hats or lacking that on their arms. This would not have been necessary had they been recognizable by way of a common uniform and clearly visible uniform marks.
"3.) The Edes-bands - at least in areas that were adjoining territories occupied by German troops -- did mostly not wear their arms openly. They mostly consisted of herdsmen or inhabitants of surrounding villages (or they were camouflaged as such) and had their weapons hidden. Therefore we always found any munitions and weapons that had not been removed on time during raids on villages.
"4.) Open attacks in the usual military fashion occurred almost never. As far as I can recall only the attacks on Arta and a few villages on the road Arta-Prewesa in summer 1944 could perhaps be counted.
Otherwise the war took on the form of a ambush-like attacks on single or escorted vehicles or thinly guarded road points. The crew was mostly annihilated, the vehicles plundered and put on fire. As soon as relief arrived the Edes-bands mostly withdrew hurriedly into the Mountains. I especially would like to point to the attacks on escort trains between Joannina and Arta a few km north of the so-called supporting point "Felsennest" and between Joannina and Igumenetsa near Minina-Tuska. At the last attack upon a convoy at Minina Tuska around July 1944 among others also a staff physician and medical personnel of the hospital Joannina fell victim, although the ambulance cars were marked by a Red Cross visible at a long distance.
"5.) The Edes-bands never were put to a choice, either to defend villages or to abandon them voluntarily because the Edes-bands were nob attacked any more by German troops since winter 1943. Only local actions were undertaken to clear up attacks on the roads Joannina-Arta Joannina-Igumenitea. No villages occupied by Edes were involved there.
During the only larger concentric action undertaken against Zervas in autumn 1944 and at which German troops penetrated into territory occupied by Zervas, he ordered the attacked villages defended and did not surrender them sooner than his military situation required it. So for instance was Dodona at fact stubbornly defended by Edes-bands and then taken under fire by them for hours after it had been occupied by German troops.
II.
"1.) Sarandis as well as Michalakis appeared as authorized negotiators of Gen. Zervas at the Gen. Headquarters of the 22nd (Mountain) Army Command. They identified themselves through a letter of authorization signed by Zervas and carrying an official stamp of the Headquarters of the Edes-bands. The official stamp and the signature were known from captured papers and were also otherwise confirmed as genuine. During the negotiations they also submitted answers and opinions signed by Zervas in his own handwriting concerning various especially important agreements or points of negotiation. If the negotiators would have had no authorization the agreement would not have been kept. So in various rush matters the negotiators were driven by army vehicles up to short distance before Dodona, from where they rode to the Hq. of General Zervas and there they were left off at the post chain of the Edes-bands. On the basis of a letter which the German drivers got they could pass unimpeded.
In another case agreements about the recovering of dead German soldiers were made, who had lost their lives by an attack on the road Joannina-Arta. Also in this case the agreements entered into with the negotiators were strictly kept.
In particular the joint undertaking at the Arachtesfront would not even have been feasible if the negotiators of these agreements would have not been authorized and if General Zervas had not approved and adhered to this joint struggle. Even a local contact existed at this action between German troops and Edes bands during the battle. The troop movements and actions on both sides were mutually harmonized down to every detail. The Edes units advancing from their high positions attached partly the same objectives as the German troops pushing forward from the valleys. The reports on the course of the battles, which were exchanged nightly at the Hg of Gen Lanz, agreed in all details. What Sarantis reported on the basis of the marks on his map was always confirmed by our own troops. All that was only possible if the order-drafts, made up and harmonized with Sarantis on the basis of joint camp conferences, actually reached Gen. Zervas could then withstand the strong attacks by communistic units only because Gen. Lanz aided him immediately upon his urgent request by the employment of German troops. Gen, Lanz then decided on his step because he wanted to keep out civil war from the area of his Army-Corps. As far as I recall this joint enterprise was carried out under the code name "Habicht". Particulars must be available through the daily reports of that time. Because of his collaboration with the German Army Gen, Zervas was strongly maligned by communistic leaflet-propaganda. He never repudiated these reproaches. At any rate there was no mention of it in any of the numerous Edes-leaflets that reachedus.
"In an other undertaking against communist partisans who from South Albania had infiltrated the area Elea-Philiates north of the road Joannina-Arta, an agreement was made with the negotiators that advanced posts of the Edes-bands from the South should be withdrawn in order to avoid a possible clash between German troops and Edes-bands due to mistaken identity. This agreement was also kept.
"The negotiator Michalakis brought with him in the late summer 1944, letters from German soldiers who had become prisoners of the Edes-bands at an attack upon Minina Tuska. There was no doubt about the authenticity of these letters. This occurrence also was a clear proof that they had full power to negotiate. Upon mediation of Mr. Michalakis the representative of the Intern. Red Cross, Mr. Lambert from Genf. visited German prisoners with Zervas in order to learn about their treatment and care.
"2.) Not only with Michalakis, but also with the local political representative of the Edes, an attorney at Law Fronzos from Joannina, were negotiations held about the evacuation of the Epirns and the leaving of surplus supplies for the benefit of the civil population. The discussed plan of a step by step surrendering of German held territory was kept by both parties. With the distribution of the food the International Red Cross was entrusted.
"Even if the negotiators should not have been authorized with full powers at all negotiations and should have misused the negotiations with German authorities for espionage purposes, the willingness to accept such negotiations shows the readiness of Gen. Lanz to avoid all conflicts and, as far as it could be harmonized at all with German military interests, to come to a peaceful collaboration in spite of the constantly occurring encroachments of the Edes-bands. Hardly any other leader of an occupying power would have endured such provocations and still kept up his willingness to negotiate as Gen.
Lanz did towards the Edes-bands."
Signed Friedrich Erdmann, it has been duly sworn to and properly certified.
PRESIDING JUDGE BURKE: At this time, Dr. Sauter, we will have a recess.
(A recess was taken.)
THE MARSHAL: Persons in the courtroom will please find their seats The Tribunal is again in session.
PRESIDING JUDGE BURKE: You may proceed.
DR. SAUTHER: May it please the Tribunal. I would now like to offer from Document Book II one last affidavit. Document No. 36, which is contained on page 16 and I would like to read a brief paragraph from it. It is Document Book II, Document 36, contained on page 16. This is an affidavit by Klaus Goernandt and it will be offered under Exhibit No. 41, Lanz Exhibit No. 41.
The affiant, Klaus Goernandt, who is now 33 year's of age, had several positions from February 944 to October 1944, a she says in the initial sentences of his affidavit. He here refers to orders of the General Command, to daily reports of subordinate units, et cetera, and he also refers to conferences with his own staff and with the Chief of the General Staff of Army Groups E and F.
On the basis of this knowledge, the affiant describes in Document No. 36 a number of details which are of importance in evaluating the character of the Greek partisan groups, their method of fighting and their organization, the uniforms they wore, et cetera. The affiant discusses surprise attacks by the partisans in the corps area under the command of General Lanz and acts committed by the partisans which were in violation of international law.
I am not going to read the main part of this affidavit but I recommend the statements to the judicial notice of the Tribunal. These statements are a valuable contribution to the questions under discussion here. I would merely like to read at the moment what the affiant says on page 21 of Lanz Document Book II under II. He here makes the following statements under oath and I quote -- page 21:
"I cite the following as examples of violations of international law:
"a) While on reconnaissance near Delvine (Southern Albania) I surprised some armed enemy observers behind a rock disguised as shepherds (without flocks) and without any insignia resembling a uniform, and took them prisoners.
Time: August 1944.
"A fishing boat with about 15 convalescents and men on leave from my battalion was wrecked on the way to the base on the open coast north of Sarande. The crow fell into the hands of partisans and were shot after a summary court martial as a reprisal measure, as a reprisal measure, as was unanimously reported by civilians who had escaped. Time: September 1944.
"Well-directed fire by an English battern on my positions in Delvine, as well as reports picked up by an observer, gave me reason to suspect that the fire was being directed from Delvine itself -that is, from an inhabited locality --- Climbing by surprise up, a high projecting rock directly on the edge of the town elictited brief machine gun fire and then the flight of several civilians who had taken up a position on the rock. Time: about September 1944.
"A group of my battalion which was fired upon on open terrain between Delvine and Sarande immediately attacked the gun position. Result: floeing civilians, one Italian machine gun and a basket of live chickens found in the gun position. Time: September 1944.
"I only remember these examples" the affiant says in conclusion because they are from my own experience. Similar reports were frequently sent in by the army, but I have forgotten the details.
This is the last document which I am going to offer from Document Book Lanz II, and I now want, as a supplement, to offer a few documents from Document Book Lanz IV. I am not going to read the documents which I am offering in connection with the question of partisan method of fighting verbatim, with two or three exceptions. Instead I am recommending these document to the judicial notice of the Tribunal.
In document Book Lanz IV I am first of all offering Document 116 on page 7 and I am offering this document under Exhibit No. Lanz 42. This is an affidavit by Dr. Lindner who was a doctor, as he states, from July 1943 to October 1945. That is he worked for two years and three months under Lanz.
The affidavit is quite brief and, therefore, I might read it.
"In the night of 6 to 7 July 1944 a truck column left Joanina in the direction of Igumenica which was intended to serve as a supply transport for the hospital installations in Igumenica and Corfu. The column consisted of several trucks, including several which were clearly marked as ambulances by the red cross. The transport was in charge of a certain Staff Physician riding in the first ear, Dr. Popp, Chief of the hospital installations in Jaanina. The ambulances were clearly marked on all sides with a red cross on a white background. At that time the ambulance column of the Lanz Mountain Corps was under my command as part of my line of duty, and upon taking over this column I had immediately ordered that the red corsses on the white field be repainted so that the cars could be recognized at a distance by these signs.
"The above-descirbed column came under fire on a winding road between Joanina and Igumenica. Here Staff Physician Dr. Popp and other men lost their lives. Staff Physician Dr. Popp had the entire right half of his thorax badly crushed, presumably by a cone of machine gun fire and must have been instantly killed by this injury.
"I personally took part in the burial of Staff Physician Dr. Popp and several other victims of this attack at the Soldiers' Cemetery in Joanina but did not personally experience the attack."
The physician, Dr. Lindner, had duly sworn this affidavit and his statements are properly certified and I am offering it as contribution to the question as to whether or not the fighting methods of the partisans were in violation of international law.
The next document which I am offering from Document Book IV is Document No, 117. The following document is contained on Page 9, and I will offer it under Lanz Exhibit No. 43. I am not going to read this particular document. It was also executed by a veterinary physician, Dr. Ernst Metzger, 47 years of age. He states that he was Staff Veterinary Surgeon during the period from 1st of February, 1942 to 15th of October, 1944.
MR. FENSTEPMACHER: Your Honor, I object to the admission of this document into evidence. It appears that it's entirely concerned with attacks upon German transport trains, which took place in Serbia. The defendant Lanz hasn't been charged with any matters that relate to Serbia. I submit that it's completely irrelevant.
DR. SAUTER: I do not think that this objection is justified because the fighting methods of these partisans was a uniform manner of fighting. They acted in Greece as much in contradiction to International Law as they did in Serbia. I do not believe that one can make a distinction here.
PRESIDING JUDGE BURKE: The objection will be overruled.
DR. SAUTER: This document has been offered under Lanz Exhibit No. 43, and I recommend this document to the judicial notice of the Tribunal without reading it. This affidavit also deals with a contribution to question the fighting methods of the partisans, which, in this case, has been experienced by the affiant himself. I shall also not read the following document, from the same document book, which is Document No. 118, contained on Page 11, and which is offered under Lanz Exhibit No. 44. This is an affidavit duly sworn to and properly certified. The affiant is Dr. Max Zogbaum. He is 51 years of age, and he states in the initial sentences of his affidavit, on Page 11, that in General Lanz's Mountain Army he was Corps Engineer officer from September, 1943 to 12 June 1944. And he was Commander of the 342d Engineer Battalion during the period from September, 1941 to January, 1942. The affiant, Dr. Maz Zogbaum, states in the affidavit, Document No. 118, Lanz Exhibit No. 44, examples about cruel methods of warfare, as used by the partisans in the Balkans.
On the other hand he describes the support of the Greek civilian population by General Lanz and troops under his command. The affidavit goes into detail, is of value and importance, and I recommend it to the judicial notice of the Court.
The next document in this document book is Document No. 119, contained on Page 17 of Document Book IV. This will be offered under Lanz Exhibit No. 45. This affidavit also has been duly sworn to and properly certified. The executor is Karlheinz Bensch, who states that during the war and under Lanz' command he worked as a platoon leader or commander of a Light Infantry Company in the 1st Battalion of the 734th Light Infantry Regiment. This regiment was part of the 104th Light Infantry Division under General Lanz. The affiant served in this unit, as he states, during the period from winter of 19431944 until the end of the war. And he was committed in the fight against the bands in Greece and other Balkan countries. I shall not read all of this affidavit which goes into many details. This document also is a contribution towards determining the curel and cunning methods of fighting of the Partisans in Greece and other Balkan countries.
The following document is Document No, 120, contained in this same document book, on Page 21. It will be given Lanz Exhibit No. 46. This is a very brief affidavit. The affiant is Max Prollius. During the war he was Corps Adjutant, or a personnel expert under Lanz, from September, 1943 until June, 1945. He describes, from his own observation, one individual case, and he says: "I was present at the burail of a Medical Officer on the cemetery Joanina. This officer was killed during a partisan attack on an ambulance which clearly bore the markings of the 'Red Cross.'" The affidavit is properly certified and has been duly sworn to.
The next document is Document No. 121, on the following page of the same document book, which is Page 22. This document will be offered under Lanz Exhibit No. 47.
This is an affidavit executed by Hans Gruebel. According to his statements the affiant was a Captain and Company Commander of the 602th and 601th Truck Transportation Regiment during the period from the middle of June till * November. 1944. This affidavit, executed by Captain Gruebel, again deals with the method of fighting used by the partisans, and it offers several contributions to the decision on the question as to whether this method of fighting was legal or in contradiction to International Law. I recommend the total content of the document to the judicial notice of the Tribunal. I shall read a few of the statements made by Captain Gruebel. On page 23, roughly the middle of the page, where it says, During the middle of July 1944 I was transferred as a Company Commander with two truck companies from Bulgaria to Greece in order to arrange, with six other companies or columns, the supply of the 22rd Mountain Corps commanded by General Hubert Lanz. Owing to the fact that railroads were non-existing in the northern mountainous Part of Greece, the supply of the bases, the supply of the bases, garrisons, ammunition-, fuel, and food depots, the transportation of wounded, of men going on furlough and refugees had to be carried out by truck convoys which later were escorted for reasons of security.
Because of the danger from the air supplies could only be moved during the night since during daytime every vehicle was destroyed by fire. The corps staff with part of the truck columns was in Joannina from where the convoys, in the strength of 50 and more trucks, were dispatched at dusk from the starting point into the direction of Florina, Igumenica, Prevesa and Trikkala across the Mezzovon pass, even men going on leave, travelers on duty and great numbers of refugees with all their possessions were riding on these vehicles. This military personnel riding on the vehicles were to protect the convoy in case of a surprise attack. At almost no time were my vehicles assigned to my convoy in full strength but they were used in various convoys going into different directions because some jobs lasted for several days.