To preserve the sequence of time, I wish to submit document 70 in Document Book III, pages 19 to 22 German and English, to be Exhibit 16. It is submitted for the same reason, to establish that persons were captured during combat and that no retaliatory measures for losses were enforced. It is another review of the situation in the area of the Military Commander Southeast to the OKW concluded 7 May 1942:
"A) Overall Situation.
"In Serbia in general calm. A few surprise attacks in the area occupied by Bulgarians. In Mitrovica and Novi Pazar on 25 April demonstrations by Moslem population against Serbians.
"In Croatia: Mopping up of Eastern Bosnia by German, Italian and Croatian troops belonging to the Combat Group of General Bader was successful continued. A withdrawal of greater guerilla bands could not be prevented because of a delay in the advance of the Italian 22nd and 5th Mountain Divisions from Bosnia to the South into the area occupied by Italians."
Then follows Section II, Subsection 1:
"Eastern Bosnia: Mooning up of the area around Rogatica against slight enemy resistance finished for the main part. The insurgents lost, from 11 April until 3 May inclusive, 168 dead, 1309 prisoners against the following losses of our own:
"German 2 dead, 16 wounded; Italians 5 deal, 21 wounded, 1 missing; Coratian 13 dead, 21 wounded, 6 missing."
I shall omit the next sentences and proceed with Section 4:
"Area occupied by Italians: Planned operations by complete units did not take place any more. Restriction to defense against local surprise attacks and small scale operations. The activity of the insurgents revived in the same measure. Intensive guerilla activity in the Ragusa Mostar area, around Bihac and in the Ogulin-Fiume area. In this area attacks on lines of communication happened particularly."
Pages 21 and 22 contain a document of the same time, concluded on the 23rd of May 1942, submitted as proving the same assertion:
"Over-all situation.
"In Serbia continually calm in general. Some few surprise attacks and acts of sabotage, especially in the territory occupied by Bulgarians.
"In Coratia the organized insurrection area Western Bosnia was defeated. Pacification begun. Increasing disturbances in Western Bosnia. In the territory occupied by Italians there is energetic fighting in the CroatianMontenegrin frontier districts. Numerous surprise attacks in North-Western Dalmatia. Enemy submarine and air activity along the Salmatian coast."
"Successful mopping-up of the Nevesinje-region being performed by parts of the Italian VIth Army Corps.
Concentration of guerilla-bands in the North Montenegrin area and ground Dubrovnik; around Konjica and along the railroad-line to Mostar attacks by the bands which escaped from Eastern Bosnia. Numerous attacks along the railroad-lines Ogulin-Fiume were combatted by the Italians with varying success."
That was Exhibit 16. May I now turn to Document Book No. II, Document 47 on pages 31 and 32 German and English, to be Exhibit 171? It is submitted as being along the same lines as previous documents and also describes the insidious way a raid was made. On page 31, Daily Report of Commanding General Serbia to the Wehrmacht Commander Southeast, 12 June 1942, "1b":
718th Inf. Div.: Continuation of mopping up action by both regiments. 4 rebels seized near Nujin Grob. 15 guns and ammunition captured.
Bridge destroyed near Breza restored again."
"6th Royal Bulgarian Inf. Div.: Attack on passenger train near Krivi Vir cleared up. Attack carried out by rebels dressed like loyal Chetniks. No German soldiers missing. Losses: 6 men of Russian plant guard, 3 men Serbian State Guard, 6 Serbian policemen found shot to death. I Serbian, 1 Russian plant guard, 1 member of Todt Organization carried off."
I shall dispense with reading the last sentence and turn to Document 43 in Document Book II, pages 25 to 27, to be Exhibit No. 18.
It is again submitted as establishing that it was not the bands but the German troops who had the situation completely in hand, and as showing that the Italians had on 2nd June 1942 evacuated the third zone in June so that partisans concentrated in this area, and that the partisans made sabotage attacks on their own population and that no reprisals were ordered in spite of the sabotage.
Page 25: "Enemy Situation, Commanding General in Serbia to the Wehrmacht Commander Southeast" for 21 to 30 June 1942:
"Sabotage and Surprise Attacks:
"Total number 91 compared with 89 in the last periodical report. The majority of the surprise attacks occurs, just as before, in the area of Fruska, Gora and in the territories occupied by the Bulgarians. As a result of the cleaning up operations, carried out on a large scale in the territories occupied by the Bulgarians, a decrease of the sabotage acts can be expected."
Next page 26 -- report of Commanding General to W B in Serbia to Wehrmacht Commander Southeast, Section 3:
"Serbian Croatian Border Area:
"From the northern section of the Herzegovina partisan forces, following the successful advances of the National Montenegrin units, push ahead towards the Grmic Mountains."
I shall omit the next sentence.
"There is quiet on the Drina border.
"The situation in Symia, especially south of Fruska Gora has become more critical during the present period of report. There are signs for an aggravation of the national differences which above all, has resulted in a deterioration of the situation of the racial German group. In this area which is particularly important for the food situation in Croatia, the insurgents have concentrated their hostile activity especially against the harvest. The acts of sabotage are constantly increasing. A great number of harvesting machines, as well as grain still on the fields in sheafs, have been destroyed by the insurgents.
The enemy with a strength of about 800 men attempts, apparently on higher orders, to destroy the harvest in this area so important for the national economy, or to decrease the proceeds considerably. Moreover, the main rail line is endangered due to the activity of these bands.
East Bosnia: The situation at present is again under control. Aside from the well known struggles between the population and the Ustascha tranquillity has been restored.
West Bosnia: The strong enemy forces which were previously concentrated in Kozara-Prosara have been annihilated, the remaining parts were dispersed."
I shall omit the next sentence.
I wish to refer to Section 6 on page 27:
"Acts of Sabotage and Surprise Attacks: Railroad sabotage 36, in brackets 42; Communication sabotage 11 as against 14; Road sabotage 3; Surprise attacks on German Wehrmacht members 2, as against 4; other surprise attacks 68 as against 57."
May I point out that on page 27 there is a clerical error in the right hand corner? The document is designated as Kuntze No. 27, instead of Document No. 43. That is the page number below has been confused with the document number. I should be grateful if correction were made. That was Exhibit 18. May I proceed with Document Book 3, Document 67 on pages 12 to 14, to be Exhibit 19, submitted as establishing the same points as previous documents. Significant is the German troops could also occupy Croatia and that no national insurrection was to be expected in Serbia. Page 12: Report from the Commanding General in Serbia to Armed Forces Commander South East. Dated 1 July 1942. Enemy Situation. The situation in Serbia has not changed in comparison with the period of the last report. At present it cannot be seen to what extent the revolt in Croatia will affect Serbia and especially the Draja Mihailovic movement, since the insurgent organization of Draja Mihailovic is no longer limited solely to the area of Old Serbia. Activity of the Draja Mihailovich organization extends to the territory of Southern Serbia and Albania as far as SkopljePrilep, Eastern Herzegovina as well as Eastern Bosnia.
"The situation in Croatia is unchanged. The entire Croatian area is in a state of fermentation, insofar as it has not already come to open rebellion. The prevailing insecurity of law and the hopeless failure of the public administration are to be regarded as the chief reasons for this.
"Further difficulties result for the Croatian state from the evacuation of large stretches of territory south of the demarcation line by the Italians. These territories must now be given additional protection by the Croatian Armed Forces.
Since for the time being there is a lack of adequate troop protection in these territories, the retreating insurgents will look for a new refuge here and form new centers of unrest."
Then there is a specification of these centers of unrest, on the next page 13, Section 4 and Section 5. "Eastern Bosnia: The area was pacified. Relatively slight disturbances of the calm by attack on villages could be eliminated. As a result of the retreat of the Italians south of Sarajevo the enemy forces who were pinned down up to now have been freed. Quite recently enemy pressure has been noticeable near Trnovo and Igman-plannina. Minor engagements took place. Arbitrary procedure of Ustasha units (shootings, destruction, looting) created unrest among the population. The incidents were stopped by the intervention of German troops.
"Western Bosnia. The enemy in Kozara and Prozara-Planina is surrounded. Attempts to break out failed. The surrounded enemy group is apparently under the superior command of insurgents whose headquaters are apparently in the Grmec Mountains. It can be clearly seen that the enemy is trying to relieve the surrounded troops, as relatively strong enemy groups are moving toward the Grmec Mountains from a southwestern and southeastern direction.
"An intensification of the insurgent situation is to be noted in the area north of the Save. Enemy troops are becoming more active in the Papuk-Psunje Mountains, which constitutes a serious threat to the Agram-Belgrade line. Several acts of sabotage are to be noted on the railroad between Novska and Nova Gradiska." That was page 13, the last page.
Page 14, another situation report from the General in Serbia to the Armed Forces Commander South East, dated the 20 July 1942: I. Enemy Situation. In Serbia the activity of the Communist movement has generally undergone a further weakening.
The comparatively small bands appearing in the most widely different places in the country, as well as the attacks and acts sabotage committed, have no very great significance.
"On the other hand, Croatia, as before, still represents a Communist area of revolt; after the defeat of the enemy in the KozaraProzara Planina the following areas still appear as chief centers of unrest: "Then there is a list of the areas. "Section 2. Serbian area. Just as before the Draja Mihailovic organization is at work. In recruitment of followers a certain completion of the organization appears to have been reached. Equipment and armament might be described, as before, as inadequate. Recruitment extends to all classes of the population, even to the loyalist Chetnik and Ljotic. The over-all impression remains that a general national insurrection in Serbia is not imminent in the immediate future."
Document Book 3, Document 68, on pages 15 and 16. On our excerpt from war diary for July, 1942. Submitted to establish the same proof. "Persons captured in combat and an effective occupation. In an intermediate situation report from the 5 June, 1942. "Development of the Situation in the Kozara-Prosara area. The surprising seizure of Prijedor and Ljubija on 10 and 11 June 1942 caused, after a first shock, an increased activity by Partisans in the Kostaj-nica-Grmec-Kozara-Prosara area. Their combative attitude was further increased by continued reinforcements from the south caused by the evacuation of the 3rd zone by the Italians and by the times, very quick overwhelming of Croatian garrisons." Then owned.
Section 5. Losses", specified in some detail. I will not read them. They are considerable, both with Germans and the Croatians; but enemy losses who that there were 330 prisoners and arrested persons, without counting the civilian deserters. Will the Tribunal please note that fact? That was Exhibit No. 20. No, I beg pardon, it was Exhibit 19, which I stated in the first place. I beg pardon, it is after all. I beg the pardon the Tribunal.
I shall now turn to Document 71, Document Book 3, pages 23 to 24, to be Exhibit 21. To establish the same points of evidence. Please note that movement of certain German units into an area controlled by the partisans was sufficient. Page 23, a survey of the situation terminated on 8 of July 1942: From Wehrmacht Commander Southeast to OUW. "By and large unchanged in Serbia. Isolated attacks. Quiet in the Bulgarian occupation territory after clearing action. Mihailovic organization extends over Serbia, Macedonia, Albania, Montenegro, Bosnia and Herzegovina; however, no operations to this date.
"In East Bosnia new invasion of rebels from the Italian sector into area west and south of Sarajevo repulsed. A number of rebels retreated back into Italian territory. Parts broke through in the direction NW of Fojnica. Situation aggravated in West Bosnia in the rear of the combat group through reinforcement and relief attempts of the rebels from the Italian sector, especially around Bos. Novi and Kostajnica."
Page 24 of the same exhibit, No. 21. Another situation report addressed to the same agency and originating from the same agency, that is from Wehrmacht Commander Southeast to the OUW, terminated on 24th July 1942. "Enemy Situation. Quiet in Serbia with exception of isolated attacks around Nisch. Additions to Mihailovic movement also confirmed in Herzegovina and Montenegro (contact with British submarines here known). There are also contacts with the new Bulgarian and New Albanian territories. Organization and supply of arms not yet sufficient for open rebellion. No British flights determined. Headquarters Frusha Gore. Increased action by German units had pacifying effect.
That was page 24. I shall now turn to the last document submitted in this connection, in Document Book 3, Document 72, on the next pages, that is, pages 25 to 30, German and English.
It is comprehensive document and I ought to say that it is an Activity Report by Department I-a, describing the development of the situation for an extensive period, that is, from February 1942 to August, 1942. The report shows that there was law and order in Serbia. That law and order was restored in Bosnia, in spite of partial failure on the part of the Italians. This proves the effectiveness of the occupation, since the Wehrmacht Commander Southeast managed to do that with his forces.
May I first correct a clerical error on page 25, at the top. It ought to read Document NOKW 834, instead of 1440, and it is Exhibit 211. Prosecution 211 and not 208. That is a clerical error. This document will be assigned our Exhibit No. 22. Now I come to activity reports from various periods. They are reports by the Armed Forces Commander Southeast. I shall begin with the first. "14th of February: Armed Force Commander Southeast reports by teletype to OKH and Commander in Chief of the Air Force in supplementation of the semimonthly report of 11 February, that during operations in East Bosnia former Serbian Major Dangic, leader of the national Serbian insurgents, made an offer to the Plenipotentiary Commanding General to contribute support under German leadership and also did not fight against German troops. Offer was rejected by Plenipotentiary Commanding General in consideration of Croatian soverignty."
This is followed by the report of the first of March 1942, survey of the situation in the area of the Wehrmacht Commander Southeast terminated on 28 February 1942. "Over-allSituation. Attacks and Sabotage in Serbia in Area south of Belgrade and around Nisch. Traffic conditions improved. In Croatia reorganization of dispersed bands. Heavy fighting with insurgents."
I shall now turn to page 26, survey from period 1 to 30 April, 1942. "Overall Situation: Only local fighting in our own energetic raids in Serbia. In Croatia unaltered lively band activities in Bosnia.
Preparations for German-Italian-Croatian operation in East Bosnia proceed according to plan."
"Capture of Dangic: Capture of Serbian rebel leader Dangic is reported by teletype to Armed Forces H.Q., Supreme General Staff, Foreign Countries Section. Military Commander Southeast has ordered immediate transfer of Dangic to a P.W. Camp in Germany." Then comes another situation survey in Serbia.
"Overall Situation: (a) Generally quiet in Serbia. Successful Bulgarian operation near Prokuplje. (b) In Croatia cleaning up of East Bosnia by German and Croatian troops of Combat Group of General Bader in progress. Part of insurgents retreated to south and southeast over German-Italian demarcation line."
On page 27 is an activity report terminated 7th May, 1942. "Overall Situation: Generally quiet in Serbia. Isolated attacks in Bulgarian occupied territory. In Mitrovica and Novi Bazar demonstrations against Serbs by Moslem population on 25 April. In Croatia: Cleaning up of East Bosnia by German, Italian and Croatian troops of General Bader's Combat Group is continued successfully. Escape of large bands from Bosnia southward into Italian occupied territory could not be prevented on account of the hesitancy of 22nd and 5th Italian division to advance." I shall now touch on a very important report showing that German troops were adequate for an effective occupation. "Evaluation of the situation in Serbia and Bosnia. Military Commander SE considers himself in position, with forces at his disposal, including SS division, to enforce peace in Serbia and Croatia; requests, however, to resist recall of troops from Southeast area, as otherwise makeshift exchanges of forces between North and South Balkans, necessary to conduct of battle and continuation of reinforcement of Crete, will be impossible." That was page 270.
Page 28 at the top: "Overall Situation: Continued generally quiet in Serbia. Isolated attacks and sabotage especially in Bulgarian occupied territory. In Croatia organized rebel territory in East Bosnia broken up."
I shall dispense with reading the next paragraph, and proceed with the Activity Report for period between the 1st and 30th of June 1942:
10th June: "Overall situation: By and large unchanged quiet in Serbia. Small bands successfully fought. In Croatia energitic activity of rebels in West Bosnia and Italian occupied territory. Reinforced uprisings in new Italian territory around Laibach. Pacification of East Bosnia proceeds."
I shall omit a paragraph, and proceed on page 29, section I: "Overall Situation in Serbia and Bosnia: In Serbia by and large unchanged. Isolated attacks. In Croatia renewed invasion of insurgents from Italian territory into area west and south of Sarajevo repulsed. Situation aggravated in West Bosnia in the rear of the combat group through reinforcement and relief attempts of the rebels from the Italian's sector, especially around Bosnia Novi and Kostajnica. Good progress in attack against rebel group encircled in the KozaraPlanina, which is faced with complete disintegration."
The next activity report covering August, 1942: "In Serbia quiet. No noteworthy resistance in Kopaonik Mountains operation. Mihailovic movement extending further. Their first demands for harvest and railway sabotage. Penetration into legal units also proven. Goal: national uprising of the people, but this is not to be expected in foreseeable time. Several enemy planes fly over. In one case parachutists dropped on Roumanian border territory.
"Croatia: Raids of our troops north of the Save brought quiet. Surprise operation against Psunj Planina intended. Quiet in East Bosnia for the time being after destruction of bands SW of Sarajevo.
In West Bosni mopping up action of Samarica Mountains NW of Bos. Novi almost completed. No large enemy losses to be expected. Strong enemy pressure from zone III against the demarcation line SW of Samski Most-Bosnia Novi." That was page 29.
Now, on page 30 just a brief passage: "In the Italian-occupied area guerilla-bands being formed once more along the line of demarcation south of Sarajevo as far as the area around Livno as well as in the Grmec-mountains. Here apparently main assembly and reorganization center of the rebels. Italians fight with alternating success."
This finishes the presentation of evidence on this topic, to-wit: an effective occupation by the German troops. May I now proceed with the next topic, that is: Summary Courts-martial? The fact that Courts-Martial took place is shown by a number of prosecution documents, as well as other documents submitted previously in other contexts. May I, therefore, confine myself to just a few documents which are to be regarded as additions. They are in Document Book No. 2. Document 48, on page 33 to 35, to be Exhibit No. 24. I have just been told that in the English document book the pagination was omitted, apparently by mistake. It is document 48. The English pages are approximately the same as the German.
JUDGE CARTER: There is no pagination in the English edition. The document is here, however, and your exhibit number should be 23.
DR. MENZEL: Yes, I beg pardon. Exhibit 23. It is again an excerpt from a war diary dated February 1942. Page 34, Report from Commanding General Serbia to Wehrmacht. Commander Southeast, 19th February 1942. I shall read from 3-b: 11-7-21 Search Banja. "Burgomeister arrested and turned over to summary court martial on account of apparent protection of rebels."
The next page, that is 35, in the German: From Commanding General Serbiats Wehrmacht Commander Southeast, 20 February 1942:
"Co. 4, 721st Regiment searched the Ropocevo-Slatina-Cuberevac sector, Co. 5, 721st Regiment the village Bosnjana, and Company 11, 721st Regiment Cucuge. 13 suspects arrested and turned over to military court for investigation."
That finishes this document.
MR. RAPP: Your Honor, I beg pardon, but I am somewhat lost and I am asking possibly if Dr. Menzel can straighten me out. I followed his last statement, but the one he read previously to this I could not find in my English document book. I am wondering if Your Honor found it?
JUDGE CARTER: Yes, it is here.
MR. RAPP: It is?
JUDGE CARTER: I think you will find that the fly leaf to the exhibit is at the end of the document and that gets the pagination off.
MR. RAPP: Very well, Your Honor.
DR. MENZEL: That was Exhibit 23. May I now proceed with document 49 in the same document book? It follows 48 on pages 36 and 37. I hope the Tribunal will find although the English pagination is missing in this, too. This will be Exhibit No. 24. Excerpt from the war diary, March, 1942, on page 37, contains a File Note on the conference with Kosta Pecanac which took place on 18 March 1942. May I now read:
"Herr K.P. called it a great mistake that capital punishment is not inflicted for the possession of radio sets as is done for the possession of arms. Certain circles were again and again given new stimulation by broadcasts from London and Moscow. Citing several examples, Colonel K succeeded in convincing the other side of the contrary.
"Concerning jurisdiction, Herr K.P. was of the opinion that it would be much better to bring all captured Communists before the Cetnik court-martial of K.P. than before German courts.
His own judges are much more familiar with the prevailing conditions and would not let themselves be deceived by the Communists. For the German courts there would be the risk of being misled by the Communists etc." I omit the next sentence and just read the end: "All endeavors to establish a connection were frustrated up to now, since all people he had sent out for this purpose were captured on the way and killed by the Communists." That was Exhibit 24. The last document to be submitted, --
JUDGE CARTER: Before you take up that document we will take our morning recess.
(A recess was taken.)
THE MARSHAL: The Tribunal is again in session.
JUDGE CARTER: You may proceed, Dr. Menzel.
DR. MENZEL: (Defense Counsel for the defendant Kuntze): After haying concluded Exhibit #24, I would now like to present the last document dealing with court-martial procedure. This is document # 7 in Document Book 1 on page 12 and the exhibit number will be 25. It is an affidavit given by Dr. Alfred Gruen. He was army judge in the XIIth Army from the beginning of the war until August, 1942. The affiant states the following:
"During the time for which I was attached to the Staff of the Plenipotentiary of the Wehrmacht South East, it never came to my knowledge that partisans captured in the combat area were executed without a sentence being pronounced by a court martial or military court. Neither did I observe violations in this respect on my official journeys for the purpose of checking the activities of the military courts and court martials in Serbia; these journeys were ordered by the deputy plenipotentiary of the Wehrmacht Commander South East during the period of his command.
"I know that German prisoners were shot by partisans, and in many cases were most cruelly tormented to death."
This concludes Exhibit # 25.
MR. RAPP: May I see the original of that?
DR. MENZEL: This concludes Exhibit # 25.
I would now like to turn to a different subject matter. That will be the evacuation of the population. Here I am going to prove that these evacuations, if they took place at all, only took place for certain periods of time and only then when they were militarily necessary and in those areas where the prerequisites were given, like in the Samarica.
This becomes apparent from all documents and I would now like to present Document # 46. This is contained in Document Book 2 on page 30 of both the German and the English text. This document will be offered as Exhibit # 26. It is a strategic and tactical plan # 2, operation plan # 2 for combat group Western Bosnia. I would like to read from paragraphs 6c and d:
"In the area south of the Sana only strangers or those male persons suspected of being partisans or helpers are to be arrested and taken to collection camps.
"The return to their villages of women and children evacuated in the Kozara-Prosara action is intended for about 25 July."
The Kozara action is the only evacuation action which took place during General Kuntze's period of command. That men were allowed to return becomes apparent from other documents which I don't have to present here. This was Kuntze Exhibit 26 and I shall now deal with the chapter of welfare measures taken for the civilian population, medical care, etc.
In Document Book 2, the same document book, we have Document 56 on page 48 of both the German and the English text This document will be offered as Exhibit 27.
It is an affidavit by the Army physician, Walter Kittle, dated 23 September, 1947. The affiant makes the following statement:
Quite considerable fluctuations of the population took place in Serbia due to the unrest. Numerous Serbian refugees fled from the unrest in Bosnia, and returned again during lulls in the fighting. Of all the infectious diseases, typhus had always played a devastating role in Serbia. The danger that an epidemic would occur was great, As the means and resources of the Civil Government were insufficient, a so-called "medical cordon" was set up at the Drina by order of the 21th Army High Command, Army Physician, through the Plenipotentiary Commanding General in Serbia, Corps Physician, through which the numerous Serbian refugees received medical treatment, were freed from vermin, and also supplied with food and billets. The individual medical centers of the medical cordon were staffed partly with Serbian and partly with German physicians, while almost all drugs and dressings were supplied by the 12th Army High Command, Army Physician, through the Plenipotentiary Commander General's Corps Physician, as the personnel and material of the Civilian Government were insufficient.
By the above described measures it was prevented that the Serbian population on both sides of the Drina was decimated by epidemics, especially from typhus so widespread in the Southeast.
This brings me to the end of 27.
MR. RAPP: Your Honor, I object to the introduction of this particular affidavit into evidence on behalf of the defendant Kuntze because this affidavit does not show at all which period is covered. It merely refers to the 12th Army. The defendant List commanded the 12th Army; the defendant Kuntze commanded the 12th Army. In other words, it does not tie up in any way, anything which I believe the defense counsel is trying to establish.
The affiant does not say for whom he has given the affidavit. He does not mention any date or any period. It may be for List; it may be for Kuntze; it may be neither. I don't know.
DR. MENZEL: If the Tribunal please, may I state that this is quite clearly and obviously referring to the well-known medical cordon which on frequent occasions was the subject of this trial, and which was mentioned before in numerous documents. Therefore, it is quite established what is meant here, and what the period of time was.
The document is only submitted as supporting evidence. I do not believe that the question of the medical cordon is by any means an unknown or surprising one.
PRESIDING JUDGE CARTER: The objection comes a little late. It will be overruled but we will give such consideration to it only as it is entitled to.
DR. MENZEL: That was Kuntze Exhibit 27, and for the same chapter.
There is one more document which I would like to present. That is contained in Document Book 1. It is Document No. 14, and the page number is 19. This document will be offered as Kuntze Exhibit 28. It is an affidavit given by Prinz zu Schleswig-Holstein-Gluecksburg, signed on 19 September 1947.
Prinz Holstein-Gluecksburg was ADC with the Chief of Staff of the then plenipotentiary Commanding General in Serbia in the winter 1941-42.
Paragraph 1 reads:
1. I have personally known General of the Engineers KUNTZE from the time I was in Belgrade whrre I served as aide-de-camp to the Chief of staff during the winter 1941/42. In February 1942 I was detailed to accompany General BADER on the occasion of General KUNTZE's journey to Abbazia. The tour lasted about 8 days and I had the opportunity to become more personally acquainted with General KUNTZE.
He was said by my superiors to be a sincere, fair-minded and brilliant officer. I had this confirmed when I became personally acquainted with him.
2. The purpose of the journey to Abbazia was to work out jointly with the Italians a plan to crush the centre of the resistance in the Serbian-Croatian border district, in particular south and south-east of Sarajewo. Frequent mention was made of the reprisal measures ordered by the German OKW. The higher authorities had ordered that for every murdered German 100 rebels or their assistants should be executed. General KUNTZE more than once declared that this number had seemed to him to be much too high and that at his instigation it was substantially reduced.
MR. RAPP: If Your Honors please, the last sentence read into the record by Dr. Menzel, and I quote merely for the record:
"General Kuntze more than once declared that this number had seemed to him to be much too high and that at his instigation it was substantially reduced."
That is a very important statement. Now the original of this affidavit has been handed to me, and I have inspected the original and I would like to ask the Court's indulgence to look themselves at the original and see that a word has been erased in the original. The word, "General Kuntze" have been superimposed on this erasure, between the two typewritten lines. There are no initials of the affiant there that he really meant General Kuntze, and I think in this particular respect, it is rather important. If the Tribunal pleases, I would like to hand the original to the bench for their own inspection.
PRESIDING JUDGE CARTER: When Dr. Menzel completes his reading, that may be done. Is he through with it now?
DR. MENZEL: No, Your Honor, one more paragraph to go. There is a paragraph 3 to follow which deals with the medical cordon which was discussed before:
3. The medical cordon was set up in about February 1942 at the Drina to take over and supply the Serbs fleeing from Croatia. The senior medical officer, Major Dr. HAMMER, acting on orders from the Armed Forces Plenipotentiary, South-East area (army physician), was in charge of this institution. When General KUNTZE, some time afterwards, made an inspection tour in Serbia, he stressed the importance of this sanitary installation. Apart from me, General BADER and his chief, the then Colonel of the General Staff, von GEITNER, were present when General KUNTZE made this observation:
This brings me to the end of this document, and I would now like to briefly deal with Mr. Rapp's objection. The Court will have an opportunity to look at the original, and in my opinion it will undoubtedly be established that only General Kuntze can be meant here. In the document, the word, "he" which was originally written there, was replaced by the words, "General Kuntze" in order to make it more clear that even if it would have just read "he", only General Kuntze could be meant, but, of course, I make the document available for inspection.
(Tribunal examining document)
PRESIDING JUDGE CARTER: As I understand it, there was no objection to it, made by the Prosecution. They merely wanted the Court to make a personal inspection of the document.
Dr. Menzel do you know who made the change on the original?
DR. MENZEL: The change was made in any case before the signature was given. The typist made it who wrote out the draft, but I cannot give you the details at the moment. It is quite some time ago that the document was taken down.