Supplementary report on the killing of Allied POWs by an SS Panzer division in France in June 1944

SUPPLEMENTARY REPORT of the
SUPREME HEADQUARTERS ALLIED EXPEDITIONARY FORCE
COURT OF INQUIRY ,
re:
SHOOTING OF ALLIED PRISONERS OF WAR by
12 SS PANZER DIVISION (HITLER—JUGEND)
in
NORMANDY, FRANCE 7-21 June, 1944
Proceedings of a Court Inquiry assembled in the field pursuant to orders of the Supreme Commander Allied Expeditionary Force dated 20 August 1944 and pursuant to letters of Supreme Head-
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quarters Allied Expeditionary Force (GAP 900/10/3 dated 18 August 1944, GAP 900/10 dated 21 August 1944) and pursuant also to the order dated 11 February 1945 and GAP 000.5-2(25) dated 8 March 1945 referring all cases affecting the 12 SS Panzer Division (Hitler-Jugend) to the consideration of the Court for a Supplementary Report
PART II
1. The Court having had referred to it, in the course of its inquiry into le Mesnil-Party, les Saullets and Authie Cases, information tending to show the commission of additional atrocities in the area held in Normandy by the 12 SS Panzer Division (Hitler-Jugend) during June 1944, decided to perpetuate such information as sworn testimony for later use. It was also decided to bring out, if it should later be found of value, a Supplementary Report to contain this additional evidence, and also any other information which might become available to substantiate or supplement the Reports already made by the Special and Standing Courts. The sittings of the Court hereinafter recorded to have taken place prior to 10 March 1945, were held accordingly, to perpetuate such information.
28 November 1944
2. The Court assembled for the hearing of such further evidence at Canadian Military Headquarters, Cockspur Street, London, at 1400 hours, on the 27 November 1944.
Present were:
ACTING PRESIDENT Lt. Col. J. H. Boraston, CB, OBE.,
T.A.R.O. Spec. List (British)
Supreme Headquarters, A.E.F.
MEMBERS
Lt. Col. B. J. S. MacDonald, E. D.,
Essex Scottish Regiment (Canadian) Supreme Headquarters, A. E. F.
Lt. Col. Charles S. Cutting,
Infantry, United States Army, Supreme Headquarters, A. E. F.
IN ATTENDANCE SSM G. J. Norwood, R.A.S.C.
(Court Reporter)
3. The Members of the Court reminded of their former oaths, then examined on oath:
and the Court Reporter were The following witnesses were
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(a) Lieut. Donald Arthur James, Royal Winnipeg Rifles, Canadian Army, whose recorded evidence is attached to this report, marked as Exhibit, No. 10.
(b) H62861 Rfn. Lebar, W. R., Royal Winnipeg Rifles, Canadian Army, whose recorded evidence is attached to this Report, marked Exhibit No. 11.
(c) H102670 Rfn. Lee, L. W., Regina Rifles, Canadian Army, whose recorded evidence is attached to this report, marked as Exhibit No. 12.
The Court adjourned at 1730 hours.
6 January 1945
4. The Court, constituted as last mentioned, assembled for the hearing of further evidence, at Headquarters Central Continental Enclosure Number 14, United States Prisoner of War Overhead Detachment 2021, APO 517, Chartes, France, at 1120 hours 6 January 1945.
IN ATTENDANCE
2nd Lt. Walter C. Furst,
Military Intelligence Service, United States Army. (Interpreter)
T/4 Paul Maiorana,
(Court Reporter)
5. The Interpreter was duly sworn by the Acting President. The following named witness was examined on oath:
Gren. Friedrich Torbanisch, Prisoner of War, late of 15 Company, 25 Panzer Division (Hitler-Jugend), whose recorded evidence is attached to this Report marked as Exhibit No. 5. The Court adjourned at 1245 hours.
10 March 1945
6. The evidence obtained at the sittings of the Court above recorded, and other supplementary information which had become available, decided the Court that a Supplementary Report had' become desirable. The rendering of such Supplementary Report was by Supreme Headquarters letter GAI 000.5-2(25) dated 8 March 1945 (Exhibit No. 4) referred to the Court presided over by Lt. Col. B. J. S. MacDonald. The Court assembled for the hearing of further evidence at London District Prisoners of War Cage, 7 Kensington Palace Gardens, London at 1105 hours on Saturday, 10 March 1945.
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Present were:
PRESIDENT
Lt. Col. B. J. S. MacDonald, ED.,
Essex Scottish Regiment (Canadian Army) Supreme Headquarters, A. E. F.
MEMBERS
Lt. Col. J. H. Boraston, CB, OBE., T.A.R.O. Spec. List (British) Supreme Headquarters, A. E. F. Lt. Col. Charles S. Cutting,
Infantry, United States Army, Supreme Headquarters, A. E. F.
IN ATTENDANCE Lt. R. W. Roome,
Intelligence Corps,-British Army (Interpreter)
B128528 S/Sgt. J. C. Longworth, J.A.G. Branch C.M.H.Q., Canadian Army, England (Court Reporter)
7. The members of the Court reminded of their former oaths, and the Interpreter and Court Reporter were taken duly sworn by the President. The following witnesses were then called and examined upon oath:
(a) Gren. Georg Mertews, P. 0. W. No. 31G1/112.666 late of III Battalion, 25 Panzer Division (Hitler-Jugend), whose recorded evidence is attached to this report marked as Exhibit No. 6.
(b) Gren. Bernhard Herholz, P. 0. W. No. 31G1/111.766 late of same unit, the relevant portions of whose evidence is attached to this report, as Exhibit No. 7. The remainder of this witness's evidence concerned an operation of 17 December 1944 and is on file with the Adjutant General, Supreme' Headquarters, A. E. F.
The court adjourned at 1615 hours.
26 March 1945
8. The Court, specially composed, assembled for the hearing of further evidence at London District Prisoner of War Cage, 7 Kensington Palace Gardens, London, at 1030 hours on 26 March
1945.
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Present were:
PRESIDENT
Major General R. W. Barker,
Assistant Chief of Staff, G-l Division, Supreme Headquarters, A.E.F.
MEMBERS
Lt Col. B. J. S. MacDonald, ED.,
Essex Scottish Regiment (Canadian Army) Supreme Headquarters, A.E.F.
Lt. Col. J. H. Boraston, CB., OBE,
T.A.R.O. Spec. List (British)
Supreme Headquarters, A.E.F.
IN ATTENDANCE Lt. Col. A. P. Scotland, OBE,
O.C. London District Prisoner of War Cage and
Lt. R. W. Roome,
Intelligence Corps (British)
(Interpreter)
SSM G. J. Norwood, R.A.S.C. _ '
(Court Reporter)
9. The following named German Officer was then examined, not on oath:
Brigadefuehrer (Major General) Kurt Meyer late G.O.C.,
12 SS Panzer Division (Hitler-Jugend), whose recorded voluntary answers to questions put to him by the Court are attached to this Report marked as Exhibit No. 8.
The Court adjourned at 1905 hours.
27 March 1945
10. The Court resumed at London District Prisoner of War Cage, at 1000 hours on 27 March 1945.
Present were:
PRESIDENT
Lt. Col. B. J. S. MacDonald, ED.,
Essex Scottish Regiment (Canadian Army), Supreme Headquarters, A.E.F.
Lt. Col. J. H. Boraston, CB, OBE,
T.A.R.O. Spec. List (British)
Supreme Headquarters, A.E.F.
Lt. Col. John P. Page, ED,
Toronto Scottish Regiment (Canadian Army) Supreme Headquarters, A.E.F.
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IN ATTENDANCE
Lt. R. W. Roome (Interpreter)
SSM G. J. Norwood (Court Reporter)
11. The examination, not on oath, of Brigadefuehrer Kurt Meyer was continued. His further
voluntary answers to questions asked by the Court are attached hereto marked Exhibit No. 9.
The Court adjourned at 1645 hours.
12. The Court then considered all the evidence above recorded or referred to respecting the shooting of Allied Prisoners of War at:
(a) Authie
(b) Chateau d' Audrien
(c) St. Sulpice-sur-Risle Rille
(d) les Saullets
(e) le Mesnil-Patry
(f) les Mains
(g) Mouen (gg) Argentan
together with all relevant reported statements of German prisoners of war, so far not examined on oath. Pursuant to instructions contained in the said letter dated 8 March 1945, referring the matter, the Court then proceeded to draft its findings, its reasons therefor and its recommendations for future action..
13. In addition the Court has included in Parts V and VI of this Report all other information which has come to it respecting the conduct of the 12 SS Panzer Division (Hitler-Jugend) in the Normandy Campaign and elsewhere and has recorded its findings and recommendations thereon. .
Signed in the Field this 19th day of April 1945.
/s/ B. J. S. MacDonald /t/ B. J. S. MacDonald Lieutenant-Colonel
Essex Scottish Regiment (Canadian)
Supreme Headquarters, A.E.F.
President
/s/ J. H. Boraston
/t/ J. H. Boraston ,
Lieutenant-Colonel T.A.R.O. Spec. List (British),
Supreme Headquarters, A.E.F.
Member
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N
N
/S/
/t/
Charles S. Cutting
Charles S. Cutting
Lieutenant-Colonel
Infantry, United States Army,
Supreme Headquarters, A.E.F.
Member
John P. Page
John P. Page
Lieutenant-Colonel
Toronto Scottish Regiment (Canadian) Supreme Headquarters, A.E.F. Member
PART III
SECTION I—FINDINGS OF THE COURT
1. (a) That seven cases of violations of the laws and usages of warfare and the terms of the Geneva Convention, 1929, by members of the German Armed Forces have been established.
(b) That these cases occurred between the 7 and 17 June 1944, in Normandy, France.
(c) That the victims of such violations were all unarmed Allied prisoners of war in uniform, many of whom had been previously wounded, and none of whom had resisted, endeavoured to escape or otherwise committed any act to justify their captors in killing them.
(d) That the cases represented 20 separate incidents and 64 prisoner of war victims, 62 Canadian, 1 British and 1 American, of whom 2 only of the. 64 survived, all others being killed.
(e) That the perpetrators were members of the 12 SS Panzer Division (Hitler-Jugend) and of the following units:
12 SS Reconnaissance Battalion 12 SS Engineering (Pionier) Battalion "Prinz" Battalion of 12 SS Panzer Regiment III Battalion of 25 Panzer Grenadier Regiment and
II Battalion 26 Panzer Grenadier Regiment.
(f) That the Commanding Officers of the said units respectively at the relevant times were:
Sturmbannfuehrer Gerhardt Bremer Sturmbannfuehrer Mueller (or Muller) Obersturmbannfuehrer Karl Heinz Milius Sturmbannfuehrer Prinz (believed killed), and Sturmbannfuehrer Bernhard Siebken
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(g) That the Regimental Commanders at the relevant times
were:
Brigadefuehrer Kurt Meyer, succeeded in command of the 25 Panzer Grenadier Regiment about 10 June 1944 by Ober-sturmfuehrer Karl Heinz Milius.
Standartenfuehrer Wilhelm Mohnke, of the 26 Panzer Grenadier Regiment.
(h) That the Divisional Commander, until he was killed about 10 June 1944, was Brigadefuehrer Fritz Witt, succeeded immediately by the Brigadefuehrer Kurt Meyer.
(i) That the 12 SS Panzer Division (Hitler-Jugend) was a part of the 1 SS Panzer Corps, commanded by Obergruppenfueh-rer Sepp Dietrich and that the 1 Corps in turn was part of Panzer Group West, commanded by General der Panzertruppen Geyr von Schweppenburg, which formation was part of the Seventh Army commanded by Generaloberst Dollman.
2. That there is no sufficient evidence upon which responsibility for the said atrocities can be placed upon the Commander of any formation higher than the Division under examination.
3. That subject to paragraphs 7 and 8 below,
(a) There is at present no sufficient evidence directly implicating personally the two respective Divisional Commanders, Fritz Witt and Kurt Meyer.
(b) There is no corroborated evidence directly implicating personally the two Regimental Commanders, Karl Heinz Milius and Wilhelm Mohnke.
(c) Except as set forth in paragraph 4 below, there is no evidence directly implicating personally any of the battalion commanders, officers or noncommissioned officers of the Division by name.
4. (a) That there is, however, circumstantial evidence directly implicating personally the following officers:
Sturmbannfuehrer Gerhardt Bremer, Haupsturm-fuehrer Von Reitzenstein and Obersturmfuehrers Schenk and Kirchner, and the following noncommissioned officers: Stabscharfuehrer Hagetorn . (said to have been killed) and Unterscharfuehrer
Hugo Wolf. "
(b) That there is also direct evidence implicating certain other officers and non-commissioned officers, unknown by name, who personally participated in the shootings at Authie, Audrieu, les Saullets, les Fains and Mouen.
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(5) (a) That enlisted men/other ranks of 15 Company 25 Panzer Grenadier Regiment were given secret orders by Stabs-charfuehrer Hagetorn at a formal parade of the Company to the effect that "SS troops shall take no prisoners ; prisoners are to be executed after having been interrogated" and were also told that the officers had stated that the British did not take prisoners, so far as SS soldiers were concerned.
(b) That an Obersturmfuehrer of the III Battalion 26 SS Panzer Grenadier Regiment told his men that the British did not take prisoners, and they were not to take prisoners either.
(c) That the men of the 12 SS Engineering [Pioneer] and Reconnaissance Battalions were likewise told by their officers and noncommissioned officers that the British did not take prisoners.
(d) That no orders had been issued by Divisional Headquarters respecting observance of the terms of the Geneva Convention until after the protest made by the Canadian Government through the International Red Cross in July, 1944; although it was said by Kurt Meyer under interrogation that provision was always made in Divisional Orders for the selection of points for the collection and evacuation of prisoners of war.
6. That in 5 of the total number of 20 established incidents of separate atrocities, shootings were carried out in an organized way by firing squads under command of noncommissioned officers (Audrieu 3, St. Sulpice 1, Mouen L), while in two more cases officers or noncommissioned officers personally committed the reported atrocities (Authie).
7. (a) That, by reason of the foregoing and the general prevalence of such cases throughout the Division, in which officers and noncommissioned officers participated, the conclusion is irresistible that it was understood throughout the Division, if not actually ordered, that a policy of denying quarter or executing prisoners after interrogation was impliedly if not openly approved by the Regimental and Divisional Commanders or at least would be treated by them with acquiescence.
(b) That, if such a policy was not so approved, or acquiesced in by the said Commanders, then a lack of discipline and proper supervision prevailed throughout the Division in this particular matter, for which the respective Battalion, Regimental and Divisional Commanders are responsible.
8. (a) That, if the uncorroborated sworn statements of Allied soldiers and German prisoners not so far examined by the Court and accepted as true then the following officers are personally implicated as actual perpetrators of atrocities:
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Standartenfuehrer Wilhelm Mohnke, now commanding 1 SS Panzer Division, Obersturmbannfuehrer Karl Heinz Milius, and Sturmbannfuehrer Siegfried Mueller
the total numbers of incidents and victims being then increased respectively to totals of 31 and 107 (103 Canadians, 3 British and 1 American).
(b) That if the evidence referred to in subparagraph 8 (a) above is eventually established, then one or other of two conclusions follows : either such conditions and conduct in the Division existed with the knowledge and approval of the Divisional Commanders Mitt and Meyer, or the said Divisional Commanders failed in their duty to see that the provisions of the Geneva Conventions, 1929, were observed by all ranks under their command; in either of which cases they are responsible for the results of a condition of affairs in their Division which they in the one case sanctioned and encouraged and in the other criminally failed to prevent. . .