"3) Report of execution-of mission is to be sent here with a copy of the publication enclosed."
Again signed Commanding General and Commander in Serbia.
Page 70 of the English, page 52 of the German, is another report of General Bader, dated 22 February 1943, to 809th Administrative Sub-Area Headquarters:
"Reference: Your teletype of 21 February.
"In reprisal for the blowing up of railroad tracks at the tunnel in the railroad station of Palilula on 10 February 1943 ten Communists are to be shot to death.
"Measures to 2 and 3 can be carried out on his own competence of Administrative Sub-Area Headquarters. (initial ill)" Signed Commanding General and Commander in Serbia.
Page 71 of the English, page 53 of the German, is the final order in this document, the order of General Bader, dated 26 February 1943, to the 610th Administrative Sub-Area Headquarters:
"A total of 40 Communists is to be shot in reprisal for the attack on the mines of Vrbica on 20th and 21st and Oraschatz. For the attack on Belanovica on 20th and 21st and the killing of three Serbian administrative employees which ensued 30 Communists for the destruction of the telephone line near Topola on 23 February ten Communists are to be shot to death." This should read "if": "If the area of Administrative SubArea Headquarters has not sufficient (Communists) available, they will be supplied by the Commander of the Security Police. Report of execution of mission is to be sent here with a copy of the publication enclosed."
And the order is signed Commanding General and Commander in Serbia.
Turning next to page 72 of the English, page 54 of the German, is Document No. NOKW-1550, which is offered as Prosecution's Exhibit No. 261. These are a series of Daily Reports for the months of January and February 1943 from the Commander in Chief Southeast, who at this time was General Loehr, and his Chief of Staff was the defendant Foertsch, sent to Army Headquarters of the OKH in Berlin.
First is the Daily Report of 1 January 1943. Under the section of the report dealing with Greece:
"Major General von Studnitz has taken over command in the Saloniki - Aegean sphere of command - in the area of Saloniki; 20 Communists shot dead in reprisal for attacks committed. The remaining two detachments of the Reich Labor Service, Group 40 and 45, arrived in Saloniki."
And this report, as are all the reports in this series, is signed by the Commander in Chief Southeast, who was simultaneously Commander of Army Group E.
Continuing on page 73 of the English and 55 of the German, the Daily Report of 4 January 1943:
"During mopping up northeast Bos. Novi 14 enemy dead, 2 villages of the insurgents burned down, enemy ammunition supplies destroyed."
And the next page in both the English and German, the report of 5 January, under Serbia:
"In Belgrade two arrests, 10 Communists shot dead in reprisal for attack. Plans for increased patrol activity during withdrawal movement.
"Message.
"Eight kilometers south of Sisak a transport train of the 369th Division struck a mine. Engine and four cars derailed. Train fired on from both sides. Eleven soldiers, one railroad employee dead. Train looted and partly burned out. Traffic interrupted presumably until 6 January a.m. Research under way. Panzer support did not arrive early enough because departure of transport from Zagreb had not been reported. Reprisal measure underway."
And the next page, the report of 8 January 1943 -- I beg your pardon, the report of 7 January 1943, under the sub-division "General":
"Increase of all kinds of acts of sabotage. Serbia: Radio monitoring of Mihailovic shows that the incipient weakening of the occupation of Serbia has been realized. Individual attacks."
And then continuing with the report of the 7th of January, on page 76 of the English, page 57 of the German, under West Bosnia:
"In Teslic quiet. Reprisal measures started. Bomb attack on band shelters near Teslic is intended. Thirty kilometers north and 35 kilometers northwest Jajce enemy assembling.
"Navy transport train for Crete derailed due to mine 40 kilometers northwest Belgrade. Up to now 19 dead and 22 wounded were takencare of. Reprisal measures against surrounding villages not possible since inhabitants are national Germans.
"The mass of the male population has been drafted, the rest is with railroad security. Individual troop transport trains will travel only during the day until further notice. Supply trains will travel also at night with security car. North of the Save Communists have carried out several compulsory recruiting actions."
And then the section of the report dealing with Greece:
"On 6 January the 8th and 11th Company of the 11th Artillery Regiment of the 11th Luftwaffe Field Division arrived. One hundred ninetyseven men flown over to Crete, of whom 57 belonged to the 22nd Infantry Division. In the Piracus a balloon with tow rope shot down and secured.
"7 January, 0330 hours, attack by a multi-engined enemy plane on Athens. Six bombs dropped on the southeast edge of Athens; two Greek houses destroyed, three damaged, one Greek dead. A renewed sabotage attempt on the searchlight Salamis was repelled. Culprits escaped after losses. In the German occupied territory it has been ordered to turn in all radio sets and radio installations. Entire small boat traffic is stopped; 18 hostages shot dead, 45 new hostages arrested."
And on the next page, page 77 of the English, 55 of the German, is the Daily Report from the Commander in Chief Southeast to OKH in Berlin for the 9th of January 1943. Under "Serbia":
"In Belgrade, 14 arrests. Near Valjevo small Mihailovic group captured. Numerous attacks on communities. Near Djunis (45 kilometers northwest Nish) dynamite attack on railroad bridge, main line Nish-Belgrade. Traffic interrupted for eight hours, suspects caught. Shooting of hostages will be carried out."
Turning to the next page, a Daily Report of the 12th of January 1943: "Serbia: Individual attack in northeast Serbia. In Belgrade eight arrests, in addition six more Communists shot dead in reprisal for railroad sabotage northwest of Nish."
On the next page, 79 of the English, 61 of the German, the Daily Report of the 19th of January 1943:
"Croatia.
"North of the Save.
"The German Plenipotentiary General in Croatia takes command of the areas north of the Save 20 January 000 hours. Syrmia quiet now after severe reprisal measures. Several attacks on subsidiary lines. In the area Pakrac-Nasice (40 kilometers north Brod) fair sized band repelled, 35 enemy dead."
Turning next to the report of the 22nd of January 1943 on the succeeding page. Your Honors will note that the same text of this report goes also to the Commanding General and Commander in Serbia:
"German Liaison Staff with CDO Supersloda: German Plenipotentiary General in Croatia - Commander of German troops in Croatia - OKW/WFSt/op (Army)," and the other units which are listed as having received copies of the report.
Daily Report of the 22nd of January 1943, turning to page 81 of the English and 62 of the German for the text of the report. Under Serbia:
"Several minor attacks in Bulgarian occupied territory. Successful employment of Pursuit Detachment. More than 100 arrested. Ten shot dead in reprisal. Belgrade - 17 arrested."
I think we may skip the next report of the 30th of January 1943 and look at the Daily Report of 2 Eebruary 1943 on page 83 of the English and page 65 of the German:
"SS Division -- Together with West Group encountered road blocks near Ripac. Their removal underway. Companies ordered to mop up to the left to the advance road encountered strong enemy (about three battalions) north of Bijelo Brdo.
During successful battle 23 dead, 34 wounded. More than 100 enemy dead counted, 47 prisoners shot dead, 363 taken into temporary custody."
Next, the report of the 6th of February 1943, page 85 of the English and page 66 of the German.
THE PRESIDENT: We will adjourn at this time until 1:30 this afternoon.
(A recess was taken until 1330 hours, 28 July 1947)
AFTERNOON SESSION
THE MARSHAL: Persons in the Court room will please find their seats. The Tribunal is again in session.
THE PRESIDENT: You may proceed.
MR. FENSTERMACHER: If the Tribunal please, your Honors will recall that prior to the luncheon recess we were considering Document NOKM-1550 which is Exhibit 261, and we were on page 85 of the English and page 66 of the German Document Books, reading from a series of reports sent by the Commander in Chief Southeast during the period January and February 1943, reports which were sent to the OKH Headquarters in Berlin, Continuing now with the daily report of 6 February 1943, "Communist group near v. Lasce (Slovenia). 49 enemy dead."
Then the portion of the report dealing with Serbia, "47 Mihailovic followers arrested, among them two company Commanding Officers. Newly found leaflets attack Medic Government and call on the Serbian people to join D.M."
Then the report of 8 February 1943 on page 87 of the English, page 67 of the German, "Serbia:--Weather, cloudy, temperature above zero, Pro paganda and pillaging expeditions of small bands stopped by successful patrol operations Valjevo, Petrovac, Lazarevac. 30 arrested persons shot dead after interrogation."
On the next page, the daily report of 10 February 1943, "Serbia, Near Pozarevac, 32 Serbian policemen (D.M. followers) arrested. Near Milanovac, 25 Communists arrested. 10 shot dead in reprisal for murder of mayor."
Next the report of 12 February 1943. "Serbia. Weather clear -- some attacks on communities - 36 bandits shot dead."
Page 90 of the English and page 70 of the German, the daily report of the 15th of February 1943, "Lest Bosnia: Elements of 714 Division together with the 2nd Battalion of the 969 Grenadier Regiment committed against Communist Groups Southeast Bos. Novi. - Enemy concentrations near Sitnica (Southeast of Klujuc) attacked by Luftwaffe, Line Jaice D, Vakuf again interrupted.
10 hostages shot dead."
The next on page 92 of the English and 71 of the German, the daily report of the 17th of February 1943, under Croatia and under the 717th Infantry Division, "Dead: 6 officers, 112 non commissioned officers and men; wounded: 8 officers, 282 non commissioned officers and men; missing: 20 non commissioned officers and men; enemy losses:6,521 dead, 1,725 wounded; 2010 arrested suspected males and 300 females. Of these 490 males and 285 females were sent to the camp Semlin."
Continuing with the reports on page 94 of the English, page 72 of the German, daily report for the 18th of February 1943, "Serbia: Increase committment of Pursuit Detachment in area of Pozarevac. 27 enemy dead, more than 400 taken into temporary custody. In Banat, 24 Communists shot dead while trying to escape. Local attacks and skirmishes with insurgents. 55 Communists shot dead in reprisal."
The next page, the daily report of the 20th of February 1943, "Serbia: A total of 196 former Yugoslav Officers arrested during the arrest action carried out all over the country during the night from 16 to 17 February. They will be sent to prisoner of war camp. Near Pozarevac, 400 arrestees shot dead in reprisal for attack on Commanding Officer of the 734 Infantry Regiment. In Belgrade: 36 arrests."
Page 97 of the English and 74 of the German is the daily report for the 21st of February 1943: "Belgrade: Minister of the interior orders compulsory work for duration of 4 months for classes 1917 to 1921. To be employed in plants important for the war. Near Petrovac, 30 suspects arrested, 7 shot dead."
Turning next to page 99 of the English and 75 of the German Document Book, NOKW-1336 which is offered as Prosecution Exhibit 262, this is an order of the Commanding General and Commander in Serbia dated -your Honor's document book should be corrected from the 26th of February, 1943, to read the 28th of February, 1943. This is an order of General Bader dealing with making the execution of hostages administration ma chinery more effective.
Subject: Establishing of camps for Reprisal Prisoners In order to accelerate and increase the effectiveness of the reprisal measures which have been ordered, the establishing of camps for reprisal prisoners is hereby ordered in Belgrade for the districts Belgrade and Pozarevac Sabac for the districts Sabac and Valjevo Cacak for the districts Kragujevo and Uzice Kragujevad for the districts Kragujevac and Jagodina Krusevac for the district Krusevac Zajecar for the district Zajecar Nis for the district Nis Leskovac for the district Leskovac For the present, the establishing of a special camp for reprisal prisoners for the district Mitrovica is not envisaged.
The camps (with the exception of camps already existing in Belgrade, Sabac and Nis) are to be installed by the District Administrative Headquarters, utilizing existing facilities such as prisons, barracks, etc. They should be large enough at least to house 50 reprisal prisoners. The installation and the current upkeep of the camp is the task of the communities in which they are established. Feeding and medical care of the reprisal prisoners is to be provided for. The guarding is to be settled by the District Commandants in agreement with the heads of Police District offices and the local troop commanders. In case of difficulties reports are to be made to my office.
Installation capacity and guarding of the reprisal camps are to be reported by the 20 March 1943.
The camps in Belgrade, Sabac and Nis are subordinated to the Commander of the Security Police. The Higher SS and Police Leader reports by 15 March 43 what other camps can be taken over by Security Service Branch Offices." The order is signed Bader and your Honors will note the dis tribution of the order.
THE PRESIDENT: Pardon me just a minute. Does the turning off of these lights make it a little cooler in this room? Does it affect the reporters? If there is any objection on behalf of the reports, please indicate it. The fact that you have not indicated it indicates it is all right, so until such time as we find it necessary we will leave the lights off and perhaps it will make it a little cooler under the present summer conditions.
You may proceed. Pardon the interruption.
MR. FENSTERMACHER: Your Honors will note that the order we are dealing with is signed by Bader and also note the distribution list. "To all Administrative, Sub-Area and District Headquarters; to the Higher SS and Police Leader; to the Commander of the Ordnance Police, and to the Commander of the Security Police."
Turning now to the final document in Document Book X, page 107 of the English, page 77 of the German, Document NOKW-382, which is offered as Prosecution Exhibit 263, this, if Your Honors please, is an extremely important document because it establishes the administrative machinery for the execution of hostages. It outlines the pattern which will be followed from this period on with respect to these -
THE PRESIDENT: I didn't hear the reference to the page from which you are reading.
MR. FENSTERMACHER: This if your Honors please, is on page 107 of the English, page 77 of the German.
THE PRESIDENT: Thank you.
MR. FENSTERMACHER: It is this order of General Bader which sets the pattern which will be followed from this time on with respect to the seizure of hostages and the execution of hostages. The order is dated 28 February 1943. Subject: Reprisal by taking human life.
THE PRESIDENT: Page 107 of the English?
JUDGE CARTER: Page 101 of the English, isn't it?
MR. FENSTERMACHER: Your Honor is correct. Page 101.
THE PRESIDENT: Does turning off the lights affect the translators or interpreters? It is all right.
Subject: Reprisal by Taking Human Life.
The increasing importance in combatting the insurgent movements in Serbia, of a uniform and clear procedure on this procedure - on the severest measure, the taking of human life - makes necessary a new and comprehensive summary of the orders in effect in this field.
All officers and heads of offices who participate in the carrying out of reprisal measures are charged by me with the duty of observing carefully the following regulations.
I. In what cases are reprisal measures applicable?
1.) Security of Personnel Reprisal measures will be applied in the case of any attack directed against the person or the life of:
a) A Reichdeutscher or a Volksdeutscher (Wehrmacht, Wehrmacht employee, or German civilian).
b) A member of the Bulgarian Occupation Corps.
c) A person in the service of the occupying powers regardless of his nationality.
d) A member of the Serbian government or a high Serbian official (District or Kreis Supervisor, Mayor), officers of the Serbian state guard, a member of the Serbian Volunteer Corps, et al., however, reprisal measures shall only result if
a) The perpetators cannot be apprehended within 48 hours
b) The attack on the protected person was based on political reasons, and
c) The attack resulted in a wounding or killing. Killing is presumed unless a kidnapped person has returned after a certain period.
Whether or not reprisal measures will be taken where members of the occupying powers or of the Serbian armed units were killed or wounded during combat action, depends upon whether these deaths or wounds resulted from an enemy attack or in the course of our own operations (for instance, searching actions or arrests).
In general reprisal measures will not be taken in the latter case.
2.) Security of Installations Reprisal measures also will be taken in the event of any attack against war important installations, in particular against the means of communication, transport and roads, communications installations, industrial installations, and supply installations, provided that
a) Damage has been done, and
b) The perpetrators cannot be apprehended within 48 hours.
II. Reprisal Quotas Until further notice the following quotas shall apply - unless in individual cases another number is ordered:
1.) For 1 German killed or 1 Bulgarian killed 50 hostages are to be executed For 1 German wounded or 1 Bulgarian wounded 25 hostages are to be executed.
2.) For the killing of one person in the category listed in I,1Ac) and d) Security of Persons) 10 hostages are to be executed For 1 person wounded 5 hostages are to be executed.
3.) For any attack against installations to be protected according to Para. 2) up to 100 hostages may be shot to death, according to the seriousness of the case.
In less serious cases it will be sufficient to make reprisal through imposing collective punishments (burning down of houses, money fines, penal guards, arrests, etc.).
III. What persons are to be used for reprisal executions
1.) T h e c o n f i d e n c e i n t h e j u s t i c e o f t h e o c c u p y i n g p o w e r i s s h a k e n a n d t h e l o y a l p a r t o f t h e p o p u l a t i o n t o o i s d r i v e n i n t o t h e w o o d s b y the procedure of a r b i t r a r y a r r e s t s o f p e r s o n s i n r e p r is a l a f t e r an attack or an act of sabotage near the locality where the incident occurred. This form of carrying out reprisal measures is therefore forbidden.
If, however, an on the spot investigation reveals an open or hidden cooperation or an intentionally passive behavior of certain persons toward the culprits, those persons are to be executed first, as bandit helpers. The proclamation is to point out expressly their complicity.
2.) If such accomplices can not be found, one must fall back on persons who are to be considered co-responsible although they may not have any connection with the particular incident.
Co-responsible are primarily persons who openly sympathize with Draja Michailovic or with Communism.
3.) The following are not to be used for reprisal measures:
a.) Persons who have demonstrated by their behavior that they oppose the aims of the insurgents, to be protected, as for instance, office holders. Exceptions may be made for special reasons by the Commanding General and Commander.
4.) Generally the Commander of the Security Police will furnish persons proper for reprisal measures in accordance with the above points, from the circle of suspected persons delivered over to him in accordance with Ia No. 509/42 Top Secret from the routine operations of the military and of the police, in so far as these are not to be released as innocent or transported for free or compulsory labor (hostages).
5.) These hostages are to be collected in hostage camps by districts. An order will be issued simultaneously regarding the direction of the hostage camps. A sufficient supply is currently to be kept available in the camps.
If in certain cases suitable hostages are not available or the available hostages are insufficient, the number needed is to be taken either from a neighboring camp or from the collecting camp in Belgrade.
6. ) In the event that special actions for the procuring of hostages should be necessary, suspected persons shown in the reviewed lists of the Serbian district supervisor are to be taken first (see Ia No. 184/ 43, 14/2/43). The Commander of the District HQ. with the concurrence of the commanding general and commander (Section Ia) will order such operations.
7.) In the individual cases hostages are to be selected from those available who are connected by blood or political group with the circle presumed-to be guilty: With the enmity existing at present between the two insurgent groups it would be more an inducement than a deterrent for the perpetrators, if Communist party members were killed for attacks carried out by D.M. adherents and vice versa.
The individual selection of hostages consequently depends on the political adherence of the perpetrators. If this cannot be determined, Communists and D.M. followers are to be used in equal numbers for reprisal measures. If possible persons provided for the execution should come from the neighborhood of the culprits or from the locality where the incident occurred.
IV. What authorities are authorized to carry out reprisal measures.
1.) The introduction of reprisal measures is the task of the commanders of the District HQs. These commanders after hearing the interested parties whether the conditions for the taking of reprisal measures are present in the specific case. If so, the commander of the District HQ submits to the Commanding General and Commander an application for the taking of reprisal measures.
The application must contain: a short description of the incident, losses or damages suffered, political origin of the culprits, number of hostages provided for execution.
2.) The Commanding General and Commander decides on the carrying out of the execution applied for by letter or teletype.
3.) The Commander of the District HQ orders the Kreis Commander in whose area the action took place or which is the home of the culprits to carry out the reprisal measures. After contacting the SD branch office concerned and getting the opinion of the competent Serbian Kreis supervisor, the Kreis Commander suggests to the District HQ Commander persons suitable for the execution, in accordance with III paragraph 7).
4.) The Kreis Commander issues the necessary instructions for the carrying out of the execution. Military and police units are to comply with this request to hold executions. Generally losses of the military will be retaliated for by the military. The police furnishes the execution squad in reprisal actions for their losses, and above that in reprisal actions for all attacks on non-soldiers and installations under protection.
5.) In general the executions of hostages will take place in remote localities without participation of the population. There must be no furnishing of Serbian martyrs.
The interment must be sufficientsufficiently deep. A list of the sames of the people killed must be forwarded to the District HQ concerned, which will furnish death certificates on special application.
6.) The Kreis Commander responsible for carrying out the reprisal measures will immediately report the execution to the Feldkommandatur (Admin. Sub-Area HQ). The latter will arrange publication and will inform the Commanding General and Commander in Serbia (Section Ia) by teletype of the carrying out of the execution. A file copy of the publication is to be sent in later.
V. Publication of reprisal measures Since the reprisal measure represents not only a punishment for crimes committed but is to serve primarily as a horrifying example and a deterrent to further crimes, every reprisal measure must be published.
Reprisal measures must be made public in such a way that they reach the culprits and circles close to them. The proclamation must underline the infamy of the deed and the complicity of those executed. Persons executed must not be described as "persons" but as Communists, D.M. followers, bandit helpers, etc. Publications are to be signed "Commander of District HQ".
VI The Taking of Hostages and Reprisal Prisoners
1) All the reprisal prisoners in the camps of the Kreiskommanda tur (District HQ) are to be considered h o s t a g e s. The names of the camp inmates therefore are to be published in the area of the Kommandanturs for the population with the threat that these inmates must pay with their lives for specified disturbances affecting the public order in accordance with paragraph I. If in individual cases a military unit requires hostages these are to be taken generally from the camps or the local Kreis Commander.
2) As far as persons are detained as hostages by subordinate units and offices by reason of orders issued previously, the chiefs of the offices in agreement with the SD will decide (in accordance with Section III, paragraph 1), which persons are appropriate as hostages and are to be transferred to hostage camps.
There will no longer be an exchange of these persons as before. All other persons are to be released.
3) Carrying out of this order is to be reported by 20.3.1943. If arrests of persons as hostages become necessary for the prevention of anticipated conspiracies or attacks in certain individual cases, procedure will be according to III, paragraph 6. In the execution of reprisal detainees as hostages as far as jurisdiction and procedure is concerned, Section IV is to be applied.
VIII. Validity of orders In canes of reprisals procedure is to be according to this order immediately after the time of receipt of this order and not later than 5.3.1943.
And then there follows a list of the orders which are rescinded by this order, dated 29 February 1943. The order is signed "Bader", and on page 110 of the English and 81 of the German is the distribution list for the order. Your Honors will note a copy of the order goes to the Higher SS and Police Fuehrer, another copy to the Commander of the Regular Police and another copy to the Commander of the Security Police.
That, if Your Honors, please, completes the presentation of the documents in Document Book No. 10.
DR. LATERNSER: Your Honor, after the last order has been read almost in its entirety the important point should also be read, the last, which has been left out and in which those orders are listed which are being recinded by this order. That is what should be done so that the Tribunal can get a better picture of the situation which began with this order.
MR. FENSTERMACHER: I will be glad to do that, if Your Honors, please.
THE PRESIDENT: Very well.
MR. FENSTERMACHER: Page 109 of the English, page 89 of the German:
The following orders are rescinded:
1.) Military commander in Serbia - Administrative Staff - Diary Number 144/41 secret, VII dated 17.7.41, Section II, paragraph 4, Section IV, paragraph 3.
2.) All orders comprised in the summary Plenipotentiary Commander General in Serbia Ic No. 759/42 secret, dated 2.2.1942.
3.) Plenipotentiary Commending General in Serbia - Administrative Staff - /Command Staff Ia. Diary Ho. 197/42. secret dated 20.2.42.
4.) Commanding General and Commander in Serbia, Administrative Staff/ Ic, Diary No. 532/42 secret, dated 21.4.1942.
5.) Commanding General and Commander in Serbia, Administrative Staff/Ic, Diary No. 861/42 secret, dated 14.11.1942.
6.) Commanding General and Commander in Serbia, Section Ia, No. 5993/42 secret, dated 22.11.42.
7.) Commanding General and Commander in Serbia, Ia No. 6090/42 secret, dated 1.12.1942.
(signed) B a d e r Mr. Denney will continue with the presentation of documents in Document Book XI.
THE PRESIDENT: Mr. Denney, before you commence with any comments concerning this document, I think the Tribunal should make some announcement concerning Friday.
This coming Friday is the day which has been set aside and termed "Air Force Day" and under the European Command may be taken as a holiday.
MR. DENNEY: That's rights your Honor.
THE PRESIDENT: The Tribunal, however, has ascertained that all the other Tribunals will be functioning at that time. We feel that at this present -
MR. DENNEY: You're not getting anything out in the mike, Sir -- that is, if I interpret the signes through the window as being proper.
THE PRESIDENT: Repeating for purposes of the record only, on this coming Friday the date has been set aside as "Army Air Force Day" and under the orders of the European Command may be taken as a holiday.
All the other Tribunals that are now functioning, because of the fact that they are nearing the completion of their work or for other necessary reasons, have decided to continue their work on that day. This Tribunal feels that under the circumstances we also should continue to function and operate on this coming Friday.
I might state that we have been advised that we are making very rapid and satisfactory progress in the presentation of evidence, that we are getting -- that the prosecution is getting along faster than perhaps was originally anticipated; and it is quite possible that we may take, and can take, a recess at a later time.
It might be arranged for the prosecution, if they have some matters which need to receive attention, that that could be done at the close at some weekend and we could get the benefit of this extra day which I understand, under the rules, may be taken as a substitute for the day that we will be working.
I am making that announcement so that all parties concerned may make their plans accordingly.
MR. DENNEY: The German line seems to be dead now, Your Honor.
DR. LATERNSER: Your Honor, I believe that the translation was not clear to us. I could not understand properly. Is there a session on Friday or isn't there?
THE PRESIDENT: There will be a session on Friday.
MR. DENNEY: Continuing with the documents where Mr. Fenstermacher has left off, the next document in NOKW 1360 which is page 1 of the English and page 1 of the German. It is offered as prosecution's Exhibit 264. This contains various orders from the Commanding General and the Commander in Serbia.
The first one is dated 10 March 1943 and is to "Administrative Sub-Area Headquarters 610" -- and it refers to a teletype of the same date from the Administrative Sub-Area Headquarters and the sub-Area Headquarters and the subject is: "Operation 'Ibar'".:
"People captured without resistance are to be released with the exception of officers. The same applies to those giving up arms before 25 March. Prisoners taken in combat are to be shot to death. Measures against family members are to be postponed.
"Commanding General and Commander in Serbia" -and the number of the communication appears below that, and it is signed with a signature that we believe to be "W. Auer."
And it is to be noted that after the release of this communication it's to go to the Commander of the Security Police for purposes of information.
And then the second page of the English, top of -this on page 1 of the German still -- communication dated 1 March 1943, from the Commanding General and Commander in Serbia to Administrative Sub-Area Headquarters 809 and 610; and the subject matter is the "Installation of Camps for Hostages."
"Re order mentioned in the reference, the Senior SS and Police Leader reports that the care of the hostages in the new camps which are to installed in Kragujevac, Krusevac and Zajecar, will be taken over by the branch offices of the Commander of the Security Police and of the SD there. However, this does not extend to rations and billets of the hostages.
"The Commander of the Security Police is unable to make personnel available for the hostage camps to be installed in Cacak and Leskovac. Therefore, the care of the hostages in these camps is a matter for the Commander of District Headquarters.
"For the Commanding General and Commander in Serbia", and thereafter is typed, "The Chief of the General Staff"; and then various "For information" copies are distributed.
Then, on page 3 of the English and 2 of the German text, communication of 17 March 1943 to Administrative Sub-Area Headquarters, No. 10 - 610 rather:
"Reprisal order to number of the letter quoted is rescinded since investigations set up in the meantime have shown that the murdered man was a Communist who was killed by DM-men.