Memoranda on the investigation of Allied commando actions for possible violations of international law, which could be made public as propaganda in a show trial presentation

NOT VIA REGISTRY .
4 Jan. 1944
Amt Ausland/Abwehr Ag Ausland Nr. 17/44 gKdos I B2 SECRET COMMAND MATTER Note Chief High Mil. Command
We want documents on basis of which we can institute similar proceedings.
They are reprisals which have no connection with battle actions. Legal indications are superfluous 8 Jan.
To be submitted to the Chief High Mil. Command. via
Chief Foreign Direct/Security.
2 copies of which this copy is certified correct.
(signed) REICHEL
Memorandum
Re counteraction to KHARKOV show trial In compliance with orders received the following steps have so far been taken. -
1. "The army dept, for investigations of infringement" at WR has, since 1940 been carefully collecting all documentary evidence through which breaches of international law by the enemy up to the present have been placed on record. This evidence has been thoroughly checked by means of interrogation under oath of the participating soldiers. A systematic survey ' of this material has already been presented to WFSt by the foreign dept, in 1942.
On going through the material for the present purpose (counteraction KHARKOV) it has been found, however, that in none of the cases detailed information about the participants is available. It therefore only remains:
a. To ascertain, in conjunction with the general staff of
the army, which troop formations were present on the enemy's side at the time of the ascertained breaches of international law.
b. To ask the chief PW organization to ascertain whether
any PW from troop formations used at the time are in German hands.
This information has been handed over to the Chief PW organization and investigation is in progress.
. The events in Crete, at Dieppe and in N. Africa have been
UK-57
brought into the scope of the investigations. The collecting of further evidence is costing a great deal of time owing to the large distances between the service depts. concerned.
2. The documents referred to "Commandos" have been collected by the Reich security HQ and thoroughly investigated. In five cases members of the British armed forces have been arrested as participants. In accordance with the order of the Fuehrer they were thereupon shot. The possibility would exist that breaches of international law could not be attributed to them and they could be posthumously sentenced to death by the way of the courts. Up to the present no breaches of international law can be proved against the commando participants. The documentary material to hand is therefore, correspondingly poor: further material has been asked for. When this has been received and examined it will be passed on to the Armed Forces Legal Dept, and a further report submitted.
Signed: R
NOT VIA REGISTRY Foreign Dept, of Defense.
Foreign Directorate / Security
Foreign Dept. No. 17/44 VERY SECRET DOCUMENT Foreign I B2 (a Aug).
OU 6 Jan. 1944 5 copies, 1st copy SECRET COMMAND MATTER High Army Command, Army Operational Staff, Communications Station
12 Jan 1944
2. REPORT MEMORANDUM To Chief, High Command via
Chief for: Direct./Sec.
Re: Counteraction to KHARKOV SHOW TRIAL In pursuance of the orders received the following "Commando" cases have been established up to the present:
1. Guerilla activities in North Africa.
a. 1st Lieut Michael Alexander, born 20 Nov 20
b. Cpl Gurney, born 8 Feb 19, in London (Volume 6) were landed on 15 Aug 42 in North Africa together with sabotage commando. After blowing up several ammunition dumps and
540
UK-57
splinter proof walls they surprised Cpl Seemann and 3 soldiers in their tent on the morning of 16 Aug 42, bound them, rendered an MG useless and took 2 German army pistols and two German army forage caps with them. For this attack A and G were only dressed in khaki coloured shirts and trousers and wore no headgear. Cpl G was wearing an English web belt with a canvas pistol pouch whilst 1st Lieut A was wearing a German pistol pouch made of black leather. During his flight after the raid A put on the German tropical cap which he had taken with him. The attacked Cpl Seemann found him a few hours later hidden in a sand pit under a straw mat and took him prisoner.
Proceedings for guerilla activities have been brought before the Reich court martial by order of the Fuehrer (sheet 29) and the charge sheet (sheet 6) has been brought before the Reich minister of foreign affairs (sheet 37). Proceedings have been temporarily suspended by order of the Chief OKW (sheet 43/46).
The accused are at present in the Eichstädt Bavaria camp as ordinary PWs (sheet 22). '
Distribution:
Chief Sect. Gen. Armed Forces Matters, Personally Chief, PW Inspection Chief, Armed Forces Legal Section
2. Attempted attacks on the battleship Tirpitz. '
At the end of October 42 a British commando that had come
to Norway in a cutter had orders to carry out an attack on the battleship Tirpitz in Drontheim Fjord by means of a two-man torpedo. The action failed since both torpedoes which were attached to the cutter were lost in the stormy sea. From amongst the crew consisting of 6 Englishmen and 4 Norwegians a party of 3 Englishmen and 2 Norwegians were challenged on the Swedish border. However, only the British seaman Robert Paul Evans born 14 Jan 22 at London, could be arrested, the others escaped into Sweden.
Evans had a pistol pouch in his possession such as are used to carry weapons under the arm-pit and also a knuckle-duster. Violence, representing a breach of international law could not be proved. He has made extensive statements about the operation. In accordance with the Fuehrer's order (sheet 15 and 53) he was shot on 19 Jan 42.
3. Blowing up of the Glomfjord Power Station.
On 16 Sep 42 10 Englishmen and 2 Norwegians landed on the Norwegian coast dressed in the uniform of the British Mountain
603261—47-
541
UK-57
Rifle Regt., heavily armed and equipped with explosives of every description. After negotiating difficult mountain country they blew up important installations in the power station Glomfjord on 21 Sep 42. The German sentry was shot dead on that occasion. Norwegian workmen were threatened that they would be chloroformed should they resist. For this purpose the Englishmen were equipped with morphine syringes. Several of the participants have been arrested whilst the others escaped into Sweden (sheet 178).
Those arrested are:
Capt. Graeme Black, born 9 May 11 in Dresden.
Capt. Joseph Houghton, born 13 Jun 11 at Bromborough.
Top Sgt Miller Smith, born 2 Nov 15 at Middlesborough.
Cpl William Chudley, born 10 May 22 at Exeter.
Rfn Reginald Makeham, born 28 Jan 14 at Ipswich.
Rfn Cyril Abram, born 20 Aug 22 in London.
Rfn Eric Curtis,» born 24 Oct 21 in London.
They were shot on 30 Oct 42 (sheet 124).
A number of reports about this sabotage operation have been circulated by the English and neutral press and radio in which the capture of 7 Englishmen (sheet 114, 115, 127, 162, 163) and their shackling was mentioned. '
4. The sabotage attack against German ships off Bordeaux.
On 12 Dec 42 a number of valuable German ships off Bordeaux were seriously damaged by explosives below water-level. The adhesive mines had been fixed by 5 English sabotage gangs working from canoes. From amongst the 10 participants the following were arrested after a few days:
' Kinnon, Mac Naval lieut born 15 Jul 21 N. Argyleshire, British.
Laver, Albert Friedrich, P/O, born 29 Sep 20. Birkenhead, British. #
Mills, William Henry, Marine, born 15 Dec ,21. Kettering, British. .
Wallace, Samuel, Sgt, born 24 Sep 13, Dublin/Eire, Irish.
. Conway, James, Marine, born 28 Aug 22, Stockport, British.
Ewart, Robert, Marine, born 4 Dec 21, Glasgow, British.
A seventh soldier named Moffet was found drowned, the remainder apparently escaped into Spain.
Participants proceeded in pairs from a submarine in canoes upstream into the mouth of the River Gironde. They were wearing olive grey special uniforms. After effecting the explosions they sank the boats and attempted to escape into Spain in civilian clothes and with the assistance of the French civil population.
542
UK-57
No special criminal actions during the flight have been discovered. All the arrested, in accordance with orders were shot on 23 Mar 43. The investigations into three further "Commando" cases have not yet been completed.
Signed: REICHEI*
COPY
VO Foreign/Ic
Fuehrer's Hq. FHQ 9 Jan. 1944 The Chief OKW has handed the Deputy Chief WSSt the enclosed letter with the following remarks:
It is of no importance to prove breaches of international law in documentary fashion, what is important, however, is the collection of material which' can be used for presentation of a show trial from a propaganda point of view. A show trial, as such, is therefore, not meant to take place but merely a propaganda presentation of cases of breaches of international law by enemy soldiers who will be mentioned by name and who have either already been punished with death for their crimes or are awaiting the death penalty.
Chief OKW asks the chief of the Foreign Dept, to bring with him corresponding documents for his next visit to the Fuehrer's HQ.
Signed: KRUMMACHER.
SECRET COMMAND MATTER Air. Security—Abr. Abw. Ill, No. 2778/44/54 gKdos (C2)
0. U. 21 April 1944 4 Copies, 1 Copy.
Reference: Countermeasures to Soviet Russia's Show Trials. References:
1. WFSt/Qu 2 No. 003265/44 g Kdos v. 27.3.44. Armed Forces
Op. Staff/Quarters. Very Secret document.
2. First Report Memo, under same No. 4.4.44.
3. Second Report Memo, under same No. of 11.4.44.
3. Report Memorandum for Chief, High Mil. Command
1. The filial figures of the cases concerned (persons) is 97, of which 52 are officers. Amongst these there is one English Brigadier-General, one American Colonel and eight British Majors. Distribution of the 97 cases can be seen from the following two summaries:
543
UK-57
OFFICERS
British American Taken Still living?
After middle of 1943 Before middle of 1943 Yes No Not yet ascertained
47 5 39 13 44 7 1
SOLDIERS below the rank of Corporal
British American Taken Still living?
After middle of 1943 Before middle of 1943 Yes No Not yet ascertained
32 13 25 20 19 24 2
The British operation for the organization of Albanian Units (4 officers and 3 EMs), which was originally omitted from the second report, is included herein.
From the material to hand, regarding Anglo-American soldiers (EM), only those cases have been considered which have taken part in a joint operation with officers, whilst EM alone have only been considered in 2 particularly suitable cases.
Over and above the 97 cases there are reports of cases regarding further 8 English officers who, according to the records in hand, cannot be regarded as absolutely suitable, but which, should the occasion arise, could be used after suitable treatment, furthermore, 3 cases of English officers of Danish nationality.
It has not been possible to consider the case of an English murder plot against leading persons of the Dutch national socialist movement, dealt with in the first report memorandum. According to information from the Reich security department it has been established that an American citizen who has been arrested, has been proved to be a participant, but it has not been clarified up to the present whether or not he is a soldier. A separate report will be submitted.
2. A list of the 97 cases, with names, is contained in the attached folder. The 8 cases which are not necessarily regarded as suitable, and the 3 cases of English officers of Danish nationality, are listed in Appendix I.
3. The cases of ill treatment, shackling or killing of German PWs or wounded German soldiers (El Alamein, Dieppe and Crete) and where direct guilt cannot be proven, are compiled in
544
UK-57
appendix II. They arq not contained in the number of 97.cases.
4. The foreign office, for the reason that they must be included in the preparation of the proposed counter measures, has asked for the total material for their examination. We should like to have your decision as to whether this request is to be complied with.
p.p. Martin.
End I Folder.
[The following notes in pencil appear upon this document:
(а) In mauve pencil—initialled by G. KEITEL.
"For examination by Wm. Fuehrungs St. abroad.''
"To be kept by W. F. St. (Liaison offr abroad)."
(б) In blue pencil at bottom of page initialled by JODL.
L. 0. Abroad to take action.
I must point out the danger of leaving these prisoners in Paris or Brussels. They must be brought to Germany. J.]