Transcript for NMT 12: High Command Case

THE MARSHAI:The Tribunal is again in session.

DR.HINDEMITH (Counsel for the Defendant Woehler): With the submission of the following documents, Exhibit dumber 1174. English page ll, in Document Book 16; Exhibit 1179 in the same document booK. English page 36, German page 57; and Exhibit 1182 also in Document Book 16, English page 54; German page 85; I would like to state the following' These documents are as all the others in Document Book 16, submitted to show the breach of peace as far as it concerned the agressive war against Greece and Yugoslavia. During the submission of these documents by the Prosecutor, the name of General Woehler was also mentioned as it appeared from his statements to the effect that General Woehler was commander of the 30th Division under the 12th Army. With regard to this: I would like to state the following: that according to the indictment General Woehler is charged with nothing having to do with the breaking of peace as far as the agressive war against Greece and Yugoslavia is concerned.

The second thing I'd like to state here is that General Woehler was never commander of the 30th Division in the 12th Army.

THE PRESIDENT:Will you please state the first one of these exhibits that you mentioned?

DR. HINDEMITH: 1174.

THEPRESIDENT: 1174, and 1179, and 1182?

DR. HINDEMITH:Yes, Your Honor.

THE PRESIDENT:That notation will be made on the exhibits, and the exhibits as admitted will stand with that notation.

DR. HINDEMITH:Thank you, Your Honor.

MR. MC HANEY:If the Tribunal please, again with reference to the exhibition of the film, the arrangements have been made to show it tomorrow morning at 9:30, not in the Farben Tribunal but rather in Tribunal-- courtroom number 2 which, I think, is room 581. It is the courtroom in which the Einsatzgruppen case has recently been presented and is immediately under the main courtroom, Courtroom dumber 1.

So, if we could, with the Tribunal's permission, assemble there tomorrow morning at 9:30 instead of here, we will take up the whole morning in that courtroom with the exhibition of the film and perhaps with the introduction of a few documents.

We will again have to come back to this courtroom in the afternoon because the Ministries Tribunal will be sitting in that courtroom tomorrow afternoon.

THE PRESIDENT:That is room 581?

MR. MC HANEY:Yes, courtroom Number 2.

THE PRESIDENT:We will meet there in the morning.

MR. MC HANEY:Yes.

THE PRESIDENT:You may proceed.

MR. NIEDERMANN:If the Tribunal please, on page 62 of the English, Document Book 17, 73 in the German, Document Number NOKW-2557, an excerpt dated 23 September 1940 from the war diary of the Naval War Staff, Section 1, I might point out on page 63 of the English translations, which is I believe the second page of the German, the cover of the diary shows "Chief of Naval War Staff, Admiral of the Elect, Dr. Raeder," and then "Chief of the Naval War Staff, Admiral Schniewind." This is a mistake. It should read "Chief of Staff of the Naval War Staff, Admiral Schniewind," on page 63 of the English. Also on that page, Section one is mentioned. Section One, I might parenthetically state, is the operations branch. Fricke was on the staff of Admiral Schniewind.

Perhaps this difficulty runs all through these navy documents, so I might point it out here. In army terminology the "chief" or "chef" is also construed as the chief of staff. In the navy, the "Chief" is construed, at least in the German Navy, as the Commander-in-Chief and the Chief of Staff is always so designated "Chief of Staff."

This particular document is an entry on operations in the Black Sea for protection of the Rumanian oil fields in case of war. A marginal note on the first page, which is 64 of the English, in the first page of the German text under 23 September, reads: "Against Russia" in handscript. This document is offered as 1199.

THE PRESIDENT:What is the punctuation of that "against Russia", a question mark?

MR. NIEDERMANN:No, the question mark doesn't belong there at all. That should be stricken out. The translator used the question mark to show uncertanty in the reading originally. We have since certified that it is "against Russia."

THE PRESIDENT:The document will be admitted.

MR. NIEDERMANN:The next offer is on page 67 of the English. 75 of the Germany number 446-PS, dated 18 December 1940. This directive Number 21 on Case Barbarossa emanates from the OKW, Warlimont's Department L; and as shown on page 68 in the English, 83 in the German, it goes to the OKH, OKL, OKM, and OKW, Department L.

In the first paragraph of the Document. "The German Armed Forces must be prepared to crush Soviet Russia in a quick campaign before the end of the war against England." Then it continues, giving the various objectives of the Army, and Navy, and Air Force.

On page 68 of the English, which is 81 of the German, under Roman numeral four, the number of officers who are concerned with the preparations are to be confined to as small a number as possible in order to preserve secrecy. The indication, of course, being that those who are informed must necessarily have been concerned with the planning.

On the bottom on that page 68, it shows initialed by Jodl, keitel, Warlimont, and one illegible initial. In the original, not shown on the translation after the initial by Warlimont, is 16 December, the date in Warlimont's handwriting after his initial. That, you will note, is two days before the issuance of this order on 18 December. The document is offered as Prosecution Exhibit 1200.

THE PRESIDENT:Admitted.

MR. NIEDERMANN:On page 69 in the English, 84 in the German, Number NIKW-2547, again an excerpt from the war diary of the Naval War Staff, Section One, the Operations Section, showing Schniewind -here it says "Naval War Staff, Chief", but acutally the original states "Chief of Staff of Naval War Staff, Admiral Schniewind."

The Document, or the excerpt we are using, is dated 28 December 1940 page 71 of the English, paragraph number 2: "The political situation has changed due to the unreliability of Russia in regard to the Balkan's questions and requires increased re-arming of the Army." This exhibit is offered as 1201.

MR. NIEDERMANN:On page 74 in the English, 87 in the German, NOKW-2705. This directive, 22 January 1941, from OKH, is a directive for troop assembly for Barbarossa. The distribution shown on page 76 of the English and 97 of the German shows distribution to Army Group South, Army Group Center with chief of Staff von Salmuth, Army Group North under Leeb, OKM, and others. The text of the document sets out the tasks of the subordinate armies, including the 18th Army under Kuechler, Panzer Group 3 under Hoth, and others. It is offered as Exhibit 1202.

DR.MUELLER-TORGOW (Counsel for the Defendant Hoth): Your Honor, in the index the name Hoth appears amongst those of other defendants. According to the distribution list of this directive for troop assembly Barbarossa -- this, by the way is only a draft -- this directive merely went to the three Army Groups, namely South, Center, and North; therefore this document creats no connection at all with the Defendant Hoth because it then must be shown that this document went beyond the Army Groups down to the armies or to Panzer Group 3.

MR. NIEDERMANN:As I stated in the description, we are agreed that the distribution was not to that Panzer Group. The text, however, as I previously stated, the text of the order itself sets out the tasks of that Panzer Group under Hoth.

THE RRESIDENT:That notation will be made on the document and with that notation will be admitted.

MR. NIEDERMANN:If you will turn now to page 78 of the English, page 98 in the German, numbered NOKW-2703, this is a series of operations studies and memoranda dated between 23 and 30 January 1941. They deal with studies made by Army Group C commanded by Leeb concerning the Russian invasion.

The first page, page 78 of the English, mentions a planned conference to take place on 17 February 1941 of Chiefsof-Staff of various armies including the the 11th Army Woehler then the Chief-of-staff, of the 18th Army commanded by Kuechler, Panzer Group III commanded by Hoth, and others. The first page of the document at the top shows "Stamped Receipt by the 16th Army." The document deals primarily with tactical planning matters except that a notice on the first page of a dinner requiring ration coupons was held. This is offered as Exhibit 1203.

THE PRESIDENT:It is admitted.

MR. NIEDERMANN:The next offer is on page 83 of the English, 107 in the German, numbered NOKW-2270 dated 30 January 1941. This is a letter from the Naval War Staff, the translation again going wrong, saying Naval Operation Staff instead of Naval War staff, on the top of page 83, It is distributed to. OKW, Section L, OKH and OKL, concerning the Barbarossa Operation, and refers to the directive No. 21 which was previously admitted as Exhibit 1200.

A letter is shown on page 87 of the English and 113 of tho German and is signed by Schniewind. It lays down the intentions of the navy with respect to warfare against the USRR. It is offered as Exhibit 1204.

MR. NIEDERMANN:On page 89 the English, 114 of the German, numbered 872-PS, this is dated 3 February 1941 and are notes of the conference with Hitler with military leaders on preparations for plans Barbarossa and Sonnenblume. Sonnenblume was an action which I don't think took place, an action against Tripolis and Malta. It is distributed to Warlimont es Chief of L.

On page 90 of the English, that is 115 in the German, you will note the statement near the end of the document that orders issued to date for army groups are binding, that orders for armies set out the targets, and that orders for other units leave possibility for changes, and then it goes on that he meaning the Chief of the Army General Staff, expounded on the orders issued to army groups etc. up to the present.

It Will leave little doubt, I think, that up to the date of that document, 3 February 1941, armies, army group, and other units had been advised of the plans.

The conference itself dealt largely with tactical measures concerning the two invasions mentioned. It is offered as Exhibit 1205.

MR. NIEDERMANN:On page 96 in the English, 120 in the German, numbered NOKW-2452 and dated 5 February 1941, it is an order from Army Group C, signed by Leeb, shown on page 102 of the English, 122 of the German, directed to the 18th Army commanded by Kuechler, on preparations for Barbarossa, stating that the attack was planned against the USSR for execution anytime after the 16th of May 1941.

If I may request you to turn to page 101 of the English -- that is 122 of the German -- you will note that the order directs the army and Panzer Group to submit reports and submissions by 13 February 1941, showing again that the armies and other units had received notice and had made plans prior to that datoL Also attached to this document on page 103 of the English 122 in the German, and is again the directive numbered 21 which is the basic directive for the Barbarossa invasion this is offered as Exhibit 1206.

MR. NIEDERMANN:On page 107 of the English, 126 in the German, numbered 872-PS, dated 15 February 1941, the German mimeograph -- if I may call it to the attention of the defense counsel -- on the first page it has the wrong document number stenciled. All the other pages are correct. It should be 875-PS.

This is a directive from OKW-L, Warlimont's department. signed by Keitel, first page stamped as received by L in the upper left-hand corner, gives directives for the deception of the enemy, in order to camouflage preparations for Barbarossa. If you will turn to page 103 in the English, which is 127 in the German, under I, about the middle of the page:

"In order to consolidate all measures of the army commands, before all troop movements, with the espionage service, and to evaluate suggestions OKW/WFST/Dept. L willsupplement periodically, as hecessitated by the situation, the general directives with the consent of the army commands and the Foreign Intelligence Office."

This of course refers to the duty of Warlimont in that particular respect. It is offered as Exhibit 1207.

MR. NIEDERMANN:If you will turn to page 111 of the English, 129 of the German, Number C 33. Entries for February 1941 in the Diary of the Naval war Staff concerning preparations for the invasion of the USSR. It is to be noted that the various entries deal with preparations for the invasion of Russia. And at various other places throughout this document it is initialed by Schniewind in his capacity as Chief of Staff. all the entries selected here from this document are of a tactical nature, preparatory to the Russian invasion. It is offered as exhibit 1208.

MR. NIEDERKANN:On 117 in the English, 158 in the German, numbered NOKW-2670. The mimeographing, as you can see, is bad on this document, but the number of that document is 2670. It is -- comprises series of letters. The first I would like to discuss is on page 128 of the English, 167 in the German. It is dated 15 February 1941. It is letter from Army Group A to Army Group B (C of S Salmuth) concerning details for Barbarossa. The document is in the upper righthand corner, stamped as Chief of Staff matter, meaning, as I stated, for the notice of the Chief of staff. This document gives tactical details.

Then on page 117 of the English, which is 172 in the German, is the letter dated 14 February 1941. The -- On 117 of the English. The date, I see, is omitted. It should be in the upper right-hand corner -- 14 February 1941. This is distributed to Army Groups A, B and of and others, concerning responsibility for Barbarossa preparations and the need for camouflage of Army Group Staffs. Paragraph 2 of this document, which is on page 117 in the English, 173 in the German, under Arabic numeral 2. It is to be noted that "Army Groups, Armies, and Panzer Groups which are not yet in the East will, for this purpose, be at liberty to transfer working staffs to the East as from 25 February," again pointing out that Staffs are being moved or had been previously moved.

Also, in this same document, on page 119 in the English. That is 177 in the German. 177 in the German. It is order dated 19 March 1941 from OKH to army Group B, with copies to Groups A and C, concerning the camouflaging of movements of various forces. This is pointed out in the first of the document. Then, continuing with the same document, on page 121 in the English and 178 in the German. An order from OKH to Army Groups A and B, of which Salmuth is Chief of Staff, and then to C, and Leeb and other units, concerning the transfer to the East of Army and Arny Group staffs, under the use of cover names.

On age 124 of the English, 180 in the German, are the quotations in the middle of the page dealing with that. "It is furthermore necessary that the commanders in chief of Army Groups and Armies who have become historic personalities by former campaigns, as far as they are not in the East will put in a personal appearance only shortly before the beginning of operations and until then take their residence in the Reich or remain in their present Hqs."

THE PRESIDENT:On what page?

MR. NIEDSRMANN:That is on page 124, if you please, in the middle of the page.

And that it continues in the following paragraph. "The cover names of the Army Groups and their subordinate Armies and Panzer Groups will be reported by the Army Groups collectively on 25 March to OKH."

If your Honors will recall, I believe on our first day of presentation of evidence, we submitted the Commissar Order under cover names -- 13 cover names -- given here as letters, all of which were set out in exhibits 49 and 50 of the big charts -- here the original of those cover names, which we shall have occasion to show and use many times.

This is offered as Exhibit 1209.

THE PRESIDENT:Admitted with the date 14 February supplementing the translation

MR. NIEDERMANN:Thank you. I notice that there is another interesting document in here that I have forgotten to call to your attention. 126 of the English; German 186. This is ail order from OKH to the Commander in Chief on 21 March '41, with their Chiefs of staff -- that is, of Army Group B, Panzer Groups 3 (Hoth), Army Group C, (Leeb); and 18th Army Group (Kuechler), and 11th Army with Woehler as Chief of staff, to report for a conference on Barbarossa, and then an invitation for luncheon with the Japanese Foreign Minister, which is on page 127 of the English The paragraph headed 4 -- Arabic numeral 4. That's offered -- That's already been admitted, I believe, as 1209 as part of the same document.

THE PRESIDENT:That is correct.

MR. NIEDERMANN:If you will turn to 129 of the English, 192 in the German. Dated 9 March 1941 and numbered NOKW 243, a letter from OKW, again Department L, to Todt, concerning deceptive measures for the Barbarossa action.

no page 130 of the English, at the place of signature, the translation omits Warlimont's initial. It should be inserted there. That's 193 of the German, 130 in the English. Also, the date of the original of this document is shown as 1942; however, the handwritten remark under it sets the date as 1941 correctly.

THE PRESIDENT:That will be admitted with the notation that the initial is added to correspond to the correct translation.

MR. NIEDERMANN:On page 131 of the English, 194 in the German. Dated 12 March 1941. It is an order by Panzer Group 3, signed by Hoth. Shown on page 132 of 1 no English, 204 in the German. This outlines the tasks of Panzer Group 3 and subordinate Corps in the Barbarossa action.

On the next page, 133 of the English, 207 in the German, is an order from Panzer Group 3, again signed by Hoth: On page 134, also the subordinate Corps, with a copy to Army Group B, concerning preparations for the attack.

And then, finally, in this document, on 18 June 1941 -- that's 134 in the English, at the bottom of page 212 in the German. It is Order Number 1, from Panzer Group 3, signed by Hoth, outlining the tasks of the carious divisions in his units. This document is offered as 1211.

MR. NIEDERMANN:Now turn, if you will, to document Book 17, Part 2.

In this Document Book, Part 2, on page 1 of the English and of the German, numbered NOKW-1814, dated 17 March 1941, is a war diary entry at the bottom of the page indicating the attendance of the Signal Officers of Army Groups B, C, the 18th Army, and other units, for a conference on case Barbarossa. This document is offered, as Exhibit 1212.

PRESIDENT:Admitted.

MR. NIEDERMANN:On page 2 of the German and 2 of the English, numbered NOKW-450, dated 4 March 1941, is a letter signed by Hoth, to the 9th Army and to Army Group B on his plan of attack in the Barbarossa action. Followed by another letter in the same document number, on 2 April, again signed by Hoth, concerning the same material.

Offered as Exhibit 1213.

THE PRESTDENT:Admitted.

MR. NIEDERMANN:On page 7 in the English, 10 in the German, numbered NOKW-1653 and dated between 1 February '41 to 22 June '41, are entries from the war diary of Army Group C, which was later turned to Army Group North in the Russian attack. It is to be noted that in the beginning of this diary, on the page in the English, the cover name is used for Army Group C as Abschnitts-Stab, East Prussia. It is shown in the lefthand corner on the first page. It shows all the officers of that particular unit, starting with Leeb and going down through his Chief of Staff and operations Officers, and so on. The entry on page 13 of the English, 28 in the German, to 10 June '41, reads: "Sector Staff reports to OKH/Operations Section the border violations by airplanes of Russian and unknown nationality. An order of the Commander in Chief Army is issued regarding the treatment of political commissars." And then it continues on the same page, 13. The entry for 11 June '41: "Sector staff" -- that is the code name for "C" -- "... remits to the Armies, and to Panzer Groups the order of the Commander in Chief Army dated 1 June 1941 relative to the treatment of enemy civilians and penal offenses of members of the Wehrmacht against enemy civilians, (enclosed is the order of the Fuehrer and the Commander in Chief of Army of 13 May regarding the practice of military jurisdiction and special measures of the troops.)" If your Honor will recall, ab cut this date, the orders provide that there would be no courts martial for Wehrmacht members for offenses against the civilian population were distributed and about 10 June the order for treatment of the political Commissars was issued.

The diary entry shows its further distribution in Army Group C.

This is offered as Exhibit 1214 for the Prosecution.

MR. NIEDERMANN:I might, if Your Honors will permit me to go back once more on page 16 of this same document, that is 35 if the German, there are various entries concerning conferences of the Commander in Chief C with units under his command. The entry for 4 February 1941 shows that the Commander in Chief Panzer Group 3, General Hoth, had a discussion with the Commander in Chief and that, of course, is shown by the top of the page when concerning the Barbarossa attack.

The next document is on page 20 of the English, 45 in the German and is numbered NOKW-2691. There are two orders date 3 April 1941 and 8 April 1941, orders from Army Group B to the Fourth Army, 17th Army, and the 18th Army with also a copy to Army Group C concerning the need of camouflage in the Barbarossa invasion. The distribution list is given on page 21 of the document in the English. This is offered as Exhibit 1215.

THE PRESIDENT:It's admitted.

MR. NIEDERMANN:On page 25 of 1 he English, 49 in the German, numbered NOKW-2673, this is an entry of 15 April shown on the bottom of the first page, 15 April 1941, from the War Diary of the LVII Panzer Corps, referring to a meeting of Panzer Group 3, to receive material concerning Barbarossa. If you will note, the extract entry it reads, "The Commanding General and the Chief of Staff are ordered to a conference at Panzer Group 3. The Commander in Chief of the Panzer Group transmits orders and directives from the Commander in Chief of the Army concerning training, etc.," and then it continues on the next page, "connected with the Barbarossa contingency."

Then, if I may quote on page 26, that's 53 in the German, the entry of 21 July 1941, the last sentence, "A political Commissar among them is executed," you will recall this is an entry of the Panzer Corps in Panzer Group 3 commanded by Hoth. It is offered as Exhibit 1216.

DR.FROHWEIN (ATTORKEY FOR THE DEFENDANT HOTH): Your Honors, might I ask the prosecutor to speak a little slower, because it is difficult for the interpreters to follow and however hard we try, we cannot follow.

I would ask the Tribunal to take this into account and to instruct the prosecutor to speak a little slower.

THE PRESIDENT:I think Probably you are speaking pretty rapidly.

MR. NIEDERMANN:Now on Page 27 in the English, which is 54 in the German, numbered PS-450, dated 25 April 1941, that's the second part of this document, page 29 of the English, it's a directive No. 28, stating that a transport for Crete must not cause delay in assembly for Barbarossa, the Operation Merkur, for the Crete operation. This document, you will see, comes from Department L; the upper left hand corner of the translation reads, "Department I, That should read "Department L." The document as shown on page 31 of the English, is distributed to CKW, OKH, OKL, OKM, and Department 1 of the SK.1, which is the Operation's Branch of that department, the head of which was on Schniewind's staff.

The document is offered as Exhibit 1817.

THE PRESIDENT:What page is that?

MR. NIEDERMANN:That's on page 27 of the English, 54 in the German, Your Honor.

MR. NIEDERMANN:On page 33 in the English, 59 in the German, numbered 541-PS, dated 28 April 1941, on the same subject as the previous document, is a memorandum signed by Warlimont, on assembly of troops for Crete, referring in the document to the Barbarossa matters. It will be noted that this also was distributed to Warlimont's Department. It refers to a conference between the various three branches of the Armed Forces.

It is offered as Exhibit 1218.

MR. NIEDERMANN:On Page 35 of the English, 68 in the German. numbered NOKW-241, this is a memorandum signed by Warlimont, shown on page 37 of the English, the last page in the German, concerning the assembly, or, first, proposing a conference on Finland's participation in the war.

This document, as shown from the distribution list on page 37, was distributed within OKW. It states in the first Paragraph on page 35 that the military conferences must be preceded by political contacts, and then goes on to discuss the best ways of making contact with the Finnish Army High Command for the Russian adventure.

MR. NIEDERMANN:On page 38 in the English, 70 in the German, numbered 873-PS, and dated 1 May 1941, notes of conference with the Chief of L, Warlimont, on 30 April 1941, concerning Barbarossa and giving in the first paragraph the date of action for Barbarossa, that is, beginning 22 Junes which was the actual date of the invasion. It goes on to discuss, for example, in No. 5, "Conversations with Finland are approved by the Fuehrer, according to OKW WFST," and then there is the number of the order, which, if you will look at the previous document, coincides exactly, 44594/41, at the top of the previous exhibit.

MR. NIEDERMANN:On Page 39 of the English, 72 in the German, numbered NOKW-240, and dated 1 May 1941, a memorandum from Department L for discussions with Finland, Hungary, and Rumania on the invasion of Russia, and then the distribution showing on page 40 the distribution to Department L again of the OKW, to the Navy High Command, to the OKH, and to the Air Force. That was emanated from Department L, but was signed by Keitel.

MR. NIEDERMANN:On page 41 in the English, 75 in the German, and numbered 1168, NOKW-1168. These are notes from the War Diary of the XXXXIst Corps under Reinhardt. It is to be noted that the cover Page, page 41, has handwritten on it, the XXXXIst Corps.

I would like to, of I may, direct your attention to the entry on page 43 of the English, 78 in the German, the entry for 2 hay 1941. "The Commander in Chief of the Panzer Group, General Hoeponer, outlines the principal features of the 'Study Barbarossa' to the Commanding General, Chief of Staff and Ia." The Commanding General in this instance refers to Reinhardt as Commanding General of the 41st Corps and then goes on to give the various tactical objectives of the units and on the second page, the entry for 29 April shows the use by Corps Headquarters for purposes if camouflage of the code name, "Fortress Staff Allenstein." We will run into that designation in several documents later.

MR.NIEDERMAN: on Page 45 in the English, 78 in the German, dated 2 May 1941, the memorandum and discussions among various state secretaries concerning Barbarossa. The only purpose for which this document is offered are Arabic numerals 1 and 2 as being expressive of the attitude of the invasions "1.) The war can only be continued provided that the entire armed forces are fed from Russian resources in the third year of the war. 2.) As a result, there is no doubt that tens of millions of people will be starved to death, if we take out of the country whatever we need."

The Prosecution contests that this is, of course, what actually happened. This is offered as Exhibit 1223.

DR.MUELLER*TORGOW: Dr. Muller-Trogow for General Hoth. Your Honor, I would like the Prosecution to state which of the defendants are charged with this document. This cannot be seen from the document itself.

MR. NIEDERMAN:As I stated preliminary to its introduction, without in any way restricting ourselves to its use, it is merely intended to go to the body of the crime of aggressive war in Russia and was not intended to be restricted to any one defendant.

THE PRESIDENT:I did not understand the Prosecution to say that it applied to any defendant but on the matter of the corpus delicti of the general planning for the war, the Coat thinks it is admissible. It will remain admitted.

DR.MUELLER*TORGOW: Your Honor, but I would like to add that this file note is not signed.

THE PRESIDENT:What is the nature of this document? What is it from?

MR. NIEDERMAN:The document on Page 45 is, as far as we know, a captured document certified to as being a captured document in German files. I think that the heading is descriptive actually of what the document is.

It is a memorandum made by someone of a discussion of the state secretaries concerning Barbarossa.

THE PRESIDENT:The document will stand admitted.

MR. NIEDERMAN:If the Tribunal please, on Page 47 of the English, 79 of the German, No. NOKW-099, dated 6 May 1941, is an order from OKH stating that the 11th Army was to be transferred, to Rumania for possible action. It is offered as Exhibit 1224.

MR. NIEDERMAN:On Page 50 of the English, 81 of the German, NO. NOKW-2701, dated 10 May 1941, is a directive from sub-sector East Prussia I which, I might say, was the cover name for the 16th Army. The German, if I can pronounce it, is Unterabschnitt Ostpreussen I. This 16th Army at the time of the attack was in Army Group North. It is a directive to subordinate corps with a copy to Army Group C under Leeb and to the 18th Army under Kuechler on security and defensive measures in the impending Barbarossa attack. It is offered as Exhibit 1225.

MR. NIEDERMAN:On Page 52 of the English, 88 in the German, is a directive by Fortress Staff Allenstein, which you will recall is Reinhardt's 41st Corps code name, signed by Reinhardt, shown on Page giving combat instructions on 11 May 1941 for Barbarossa. It is offered as Exhibit 1226.

MR. NIEDERMAN:On Page 56 of the English, 95 of the German, and numbered NKOW-2550, there is a mistake, I believe, in the index on this particular document in the date. The date of the extract we are about to refer to is 2 May 1941. It is an extract from the war diary of the naval war staff showing on its cover chief of staff as Schniewind, indicating on Page 58 of the particular extract that OKW has issued an order rejecting the employment of weapons in case of a premature attempt by naval forces of the enemy to break out, indicating of course that naval war staff had requested permission, in spite of the fact that the invasion had not started, to confine the enemy naval forces and had been refused.

Transcript for NMT 12: High Command Case

Defendants