MR. FENSTERMACHER: Shall we read that line for the purpose of the record then? "The alleged cession of the Banat contributes to the pacification of the Serbian population and also of the Germans still living there."
Continuing, "Up to now only individual actions, which however may lead to larger armed communist insurrection if the situation becomes more tense. The political and economical life has not been disturbed to any extent. The mass of the population itself also suffers heavily under the terror potions, and in general, behaves loyally. Cooperation of Commander Serbia with Commissar government and Sergian police is good. Combatting of bands according to plan of all available troops, police SS and Serbian police.
Turning to the next page , page 7 of the English, we turn to Greece for the moment, page 11 of the German.
"Increasingly negative attitude toward occupation troops as a result of organized communist and English propaganda. Some few cases of sabotage counteracted by reprisals."
So, we see that even in Greese, the resistance was not great - that the German answer was reprisal. Continuing on a. few lines later:
"The position of the Greek government is difficult. Lacking authority, a large part of the population rejects it. Population dissatisfied but quiet. At this time the situation does not give any cause for worry. However, we must reckon with further incidents. The remainder of the Franctireurs hidden in the mountains are making attacks on Crete. Sharp countermeasures assured."
In the morning report of the 17th of August, turning to page 5 of the English, page 11 in the German. This is the OKH report in Berlin and it includes the report of the Armed Forces Commander Southeast to OKH in Berlin of the preceding day. Besides, the commission hanged Skela, prior to the report of the 15th of August which I have previously read, 15 villages inhabitants shot dead for omitting to report the presence of the bandits.
This is the attempt of the Germans to impress the local population with the operations of its own military forces.
Then turning finally to page 1 of the English, Morning Report of the 1st of September, 1941, page 12 in the German.
1.) 30.8 Communists have pillages Serbian Gendarmerie post Sidjagovac (or Siljekovac) (20 kilomaters southeast of Krusevac).
. . . . . . .
2.) 28.8 10 bandits taken care of by fighter detachment on ridges southwest of Beljavac (26 kilometer southwest of Zajecar). 7 Houses burned down.
30.8 4 Bandits shot in combat during band attack on the German police station Ubub (16 kilometers northwest of Lazarevac).
Shooting Communists and bandits without any defition of how a bandit was to be warned.
I turn now to the next document which is NOKW 626 becomes Prosecution Exhibit No. 40. These are extracts.
THE PRESIDENT: What page, please.
MR. FENSTERMACHER: Page 20 of the English Document Book, Extract of the War Diary of the Commanding General and Commander in Servia And, again I wish Your Honors might take a look at the actual exhibits so you will know what a war diary really looks like, have some understanding of the nature of the documents we are presenting. We will be presenting reports and war diary extracts and actual orders and it may help to actually see what they are. This is from the War Diary of the Commanding General and Commander in Serbia for the month of September 1941 and about in the middle of the page in the actual photostat copy you will see reference to the 2nd of September.
"20 Communists shot for the 3 German soldiers killed in the surprise attack on the mine of Ptanj (20 Aug)."
There is a relation of three Germans killed and 20 Communists shot in retaliation. A note at the bottom of the page, actual photostat, with reference to 3 September:
"50 Serbs shot in reprisal for the soldiers of the 724th Guard Regiment shot by Communists at 8 a.m."
And, that is from the War Diary of the Commanding General in Serbia. There seems little doubt that the actual report to which the war diary contains a reference was actually sent on to List and Foertsch and 12th Army Headquarters in Athens.
The next document is on page 21, Document NOKW 453 which becomes Prosecution Exhibit No. 41. This it an order of the Armed Forces Commander Southeast, Field Marshal List, of the 4th of September, 1941 and as you will see tells the subordinates not to enter into any negotiations with the members of the Serbian Resistance Movement. Again, if Your Honors will take a look at the actual photo static copy you will have some idea of what a teletype order actually looks like.
You will see on the right the initials W B Suedost which means that the order went out from the Wehrmacht Commander Southeast. You will see on the left of the document that it went out on the 4th of September time 1545. You will see that it went to Befehlshaber, Serbia, to Commander Serbia, Higher Headquarters IXV, and the text is very interesting because it shows the great concern which Field Marshal List had for political maneuvers in Serbia:
Request immediate brief estimate of overall situation.
a. What guarantee is offered by the new Serbian government?
b. What are its prospects?
c. What concessions are offered? (Armed power?)
d. What intentions generally to restore the situation and its unconditional authority?
The situation in the insurrection area around Krupanj must be restored as speedily as possible with own resources. What measures are usually met with. Take strictest action. Use of arms without consideration, never discussions. Unified leadership of the operation (one commander). Insurrectionists must without exception feel the superiority of the German soldiers and the force of their arms. Do not employ inadequate strength. Reverses must be avoided since they are untenable. Relieve incapable leaders, and if necessary, call them to account.
With severe language like that issuing from a General Field Marshal in command of the 12th Army you can well imagine the type of reports which are going to flow in from the subordinate units in execution of that type of language. The order is signed, Wehrmacht Commander South East, 12th Army.
General Field Marshal List.
We now turn to page 23, Document NOKW 084 which becomes Prosecution Exhibit 42. This, Your Honors, is one of the most important documents.
I wish your Honors would take a look at the photostatic copy which is signed in the handwriting of Field Marshal List. It is from List? Wehrmacht Commander in Chief of the 12th Army. It is from his headquarters on the 5th of September 1941. Six copies were made and this one which we have actually captured is the sixth copy:
"Subject: Suppression of the Serbian insurrection movement. The situation in Serbia does not seem to eliminate the possibility of spread of the insurrection movement. Increased attacks on soldiers and Wehrmacht installations by strong, well-armed bands apparently organized and adroitly led, prove that previous counter-measures are not adequate."
Now, note that language. We are going to hear a lot about this case later on; that these were individual attacks, and that the insurgents were not lead by responsible leaders; that they were not particularly well armed; that they did not wear insignia and that they were apparently just individual bandits.
DR. LATERNSER: I ask for a slower presentation so I can check the correctness of the translation of this order.
THE PRESIDENT: Counsel will keep in mind the request made. I think that is a, very reasonable request.
MR. FENSTERMACHER: This document begins, Dr. Laternser, on page 21 of the German, at the second paragraph.
Commander Serbia and LXVth Corps Command consequently are to make all preparations immediately to enable them to cope with any aggravation of the situation and to pacify the country completely before tha beginning of the winter.
In regard to the above the following aspects are to be taken into consideration:
a) If the tension in the situation in Serbia increases the Divisions are to be concentrated on the focal points and on the local centers of the insurgent regions. Then a list of the various places involved.
Villages are to be garrisoned not below battalion strength! Considerations of comfort and improved billets must be secondary! The units are to regard themselves as living under campaign conditions.
This is no insurgent movement by isolated bands. This is a real war. Turning to the next page, page 24 of the English:
"They will have to do without permanent billets during this period and make their billets more like those of mobile warfare. This requires a constantly maneuverable composition and equipment free of any unnecessary ballast.
"Surprising, sudden attacks on the centers of insurrection by surrounding them with superior forces (including Artillery!) The operations are to be commanded by senior, experienced officers, Divisional. Commanders, according to detailed plans of operation and after preceding patrolling and reconnaissance."
If I might say parenthetically, war against the insurgents is to be commanded by experienced officers, divisional commanders. And, the outrages which you will see in the succeeding documents, will not be isolated and sporadic retaliatory measures taken by outraged units under lower rank commanders. It will be under the direction of the Divisional Commanders and lead by officers of general officer rank. Continuing with the document:
Commandos assigned up to now as need arose are no longer sufficient in the present situation. The next paragraph deals with the types of objects these troops were to protect.
The protection must therefore - when not necessary - be limited to objects whose preservation is vital. In this category belong primarily: Belgrade as the capital (here sufficient mobile reserves!), the railway Lenkovac - Nis - Belgrade - Direction Zagreb, the Danube and the Save bridges, the Danube break-through near the Eisern Tor, the copper mines of Bor, etc.
Active strengthened propaganda in the Serbian language with all means at our disposal (radio, leaflets, newspapers, picture posters, etc.
) Increased pressure on the population in areas where insurgents are tolerated in order to bring the residents to a point where they will report the appearance of bands to the German authorities or other wise co-operate in neutralizing the focal points of unrest." Now, to the next paragraph, the most important one in the document. This is a field marshal of the German Army issuing orders to subordinate units, and this is the language he uses. "Ruthless and immediate measures against the insurgents, against their accomplices and their families. (Hangings, burning down of villages involved, seizure of more hostages, deportation of relatives, etc. into concentration camps.) Close supervision of the Serbian Gendarmerie. Effective punishment must follow immediately in case of passive behavior, for instance, permitting oneself to be disarmed without suffering casualties. On the other hand it is recommended that the prospect of rewards (premiums) be held out for courageous behavior and for corresponding procedure. Increased employment of confidential agents to find out who and where the ringleaders, wire pullers, and focal points of insurrections are. Full employment of the influence of the Serbian Government which is to be made to accept responsibility and to co-operate actively. All members of the German Wehrmacht in Serbia are to be instructed again and again in the situation in Serbia and on their behavior in case of attacks, etc. These instructions are to stress that initiative and prompt action must be demanded from every German soldier. That in no situation can he negotiate with insurgents and that he can never surrender. I particularly expect the unit leaders of all ranks to use exceptional energy and initiative as well as full personal devotion to the task assigned which at this time consists solely and exclusively of suppressing the Serbian insurrection movement rapidly and finally.
"Incapable---"
THE PRESIDENT: May I see the original German document again?
MR. FENSTERMACHER: That would be Exhibit No. 24, Major Hatfield.
THE PRESIDENT: You may proceed.
MR. FENSTERMACHER: The final paragraph. "Incapable leaders are to be relieved without delay and if circumstances warrant, they are to be called to account." Signed List, Field Marshal. The distribution list of this order is to the three subordinate units under Field Marshal List, 65th Special Corps Command in Serbia, the Commander in Serbia, and to the Commander in Greece of the Saloniki, Agais Theatre.
We will see in a few minutes the results which flowed in from the issuance of this severe order.
The next document is NOKW-625 on page 27 of the English which becomes prosecution Exhibit 43. This is the same order as the preceding document except that the-
THE PRESIDENT: Pardon me, please, what is the German page number?
MR. FENSTERMACHER: The German is on page 23.
THE PRESIDENT: Will you kindly give the German page number at the same time you give the English page number?
MR. FENSTERMACHER: I will, sir. This is the same as the preceding document from a content standpoint, but it shows the actual receipt stamp of the military commander in Serbia.
The next document is on page 31 of the English and page 27 of the German, Document NOKW-214. It becomes prosecution Exhibit Number 44. This is a report of 738 Infantry Regiment to the 718 Infantry Division, and it relates to various encounters which the regiment has had with enemy groups. The report from the Regiment is dated 9 September 1941, and it was received by the higher division on the 12th of September 1941.
We needn't read this in its entirety but the last paragraph which is on page 33 of the English and on page 29 of the German, under "Supplies.) It reads as follows: "The fights around Keviljaca have shown that the Serbian Insurgent movement already has at its disposal perfectly well organized and disciplined units under good leadership. Terrain and national character favor guerrilla warfare very outstanding in manner; the patrol service and the transmission of Communications facilitated in an extraordinary way the co-coperation of the entire population," and the report is signed by the regimented commander, first Lt. Dzaack.
The next document is on page 34 of the English and page 30 of the German, Document NOKW-1049, which becomes prosecution Exhibit Number 45. These arc reports of the 65gh Special Corps Command which was operating under General Boder in Serbia, commander of the 18th Mountain Corps under General Boehme, reports from those two units to List and Foertsch as the commander and Chief of Staff of the 12th Army in Athens. We need not read all of these again. I wish if Your Honors might take a look at the photostatic copies so that you will understand the nature of the reports of the subordinate units to higher headquarters. First is the daily report of the 17th of August 1941, and the reports are broken down into the various divisions subordinate to the unit which is reporting. For example, there is the 704 Infantry Division and what it reports, and later the 714 Infantry Division and its full line reports, finally 718th Infantry Division and its reports. Those three Divisions were under the Higher Headquarters of Special Corps Command LXV, and in its reports the Corps coordinates reports which it has previously received from the divisions operating under it.
Turning to page 35 of the English and page 32 of the German, the daily report of the 19th of August 1941, the 714th Infantry Division reports as follows:
"A peasant's house, in which munition was found, was burned down on 18 August '41 by the Pursuit Detachment of the 2nd Battalion 721st Regiment, in Glocane, 2 kilometers east of Lapovo. Inhabitants shot." Signed LXV 65th Corps Command.
Turning to page 37 of the English, the daily report of 28 August 1941 page 32 of the German, the daily report, as I said, of the 28th of August. You will note in the succeeding page, page 38 of the English under the 717th Infantry Division, and still page 32 of the German; "Communist leader Petrovic shot; three inhabitants of the house arrested by Pursuit Detachment of the 1st Battalion, 749th Regiment in Rigjage, 5 kilometers west of Cacak, 27 AUg." And still on page 38 of the English, the daily report of 29 August 1941, page 33 of the German, the report from Boehma who was the Commander of the XVIIIth Corps then operating in Greece; and he reports to his Commander of the 12th Army List as follows: "Military cable net in Chalkis cut through in three places the night of 26 Aug. 41. Perpetrator not yet known. Three suspects arrested by Greek police. Fifteen hostages killed."
DR. LATERNSER: Again, there is a mistake in the translation. I have to ask again that the documents be presented a little slower so that I can check the translations. The report as we just followed it, "15 hostages..." on page 33 of the German Document Book from the top the 10th line reads as follows, the original text in German reads: "15 hostages taken," quoting. Now, reading the English text, the translation reads: "15 hostages killed." Yes, that is correct. I ask to correct this translation. The English text is on page 38. In the English Document Book, it is the last sentence, the last line.
THE PRESIDENT: May I ask that it be handed to the official interpreter for her interpretation for the benefit of the Tribunal?
INTERPRETER SCHAEFFER: Your Honor, the German test reads as the German counsel stated--"15 hostages were taken." It doesn't say "killed" in any way.
THE PRESIDENT: You may proceed. Well, perhaps this would be a good time to adjourn. It is now 12:15. The Tribunal has observed that it pays to give a little extra time. We make some headway by giving counsel a little more of a recess period, and we suggest that you show your appreciation by being back here promptly at 1:30. The Tribunal will be in recess until 1:30.
(A recess was taken until 1330 hours 17 July 1947)
AFTERNOON SESSION (The hearing reconvened at 1330 hours 17 July 1947)
THE MARSHAL: Will all persons in the courtroom please take their seats.
The Tribunal is again in session.
THE PRESIDENT: You may proceed.
MR. FENSTERMACHER: May it please the Tribunal, you will remember that before the luncheon recess we talked about certain reports which subordinate units had sent to Field Marshal List, 12th Army Headquarters, and other reports which the 12th Army Headquarters had sent out to OKH in Berlin.
We also spent some time on orders issued by Field Marshal List for the destruction of the insurrection movement in Serbia.
Now, with the next document, which is on page 47 of the English and on page 37 of the German, NOKW-1141, which becomes prosecution Exhibit No. 46, you see the connection between the Wehrmacht and concentration camps. This document is in an order of the Commander in Serbia and it is dated "Belgrade 1 September 1941."
The great number of the Communists under arrest impedes the troops. There is danger that these Communists will be liberated by their comrades. Consequently, it is necessary to transfer the arrested Communists to Belgrade as soon as possible in accordance with requisitions of the Security Police. For this purpose the individual military offices are to make lists if possible, immediately -- of the Communists detained by them. These lists must show:
"a) Exact personal data of persons under arrest, "b) Day and place of arrest and the troop unit which has made the arrest, "c) Reason for arrest and brief description of factual circumstances, "d) Exact place where person arrested is presently located.
"For the sake of convenience, these lists are to be submitted directly to the liaison officer of the security police with Higher Command IXV - SS - Obersturmfuehrer Muller -- in Belgrade."
And on the following page, page 48 of the English, page 39 of the German, is letter from "Servia Commander, Command Staff, Section Ia," Secret under date of 21 August 41, ordering that:
"Prisoners with the troops are to be transferred to Concentration camp Belgrade in order that the troops may be relieved of their responsibility. This cancels out the local importance of the concentration camp Belgrade subordinate to the Administrative Sub-area Headquarters.
"Therefore, effective immediately, the concentration camp will be made subordinate to the Commander Serbia/Administrative Staff and will be designated as 'Concentration Camp Serbia, Belgrade.'
"The Administrative Staff will regulate directly the process of taking over of the concentration camp and the inclusion of the Einsatzgruppe of the Security Police and SD. Guarding of the concentration camp as heretofore."
Signed "Lt. General Air Corps."
You will hear a lot in the next few weeks in this trial about the lack of knowledge by the Wehrmacht Commander of the concentration camps which I am sure they will claim were entirely within the jurisdiction and knowledge of other units of the German occupation forces in Serbia; namely, the SD and Security Police.
This document, I think, will make quite clear that the Wehrmacht knew and had jurisdiction over certain concentration camps in Serbia.
The next document is NOKW-1141. I beg your pardon. The next document will be NO-3154, prosecution Exhibit No. 47, page 50 of the English and page 39 of the German. These are extracts from situation reports of the Chief of the Security Police and the SD and I think if your Honors would look at the original photostat it might be helpful for an understanding of the actual document.
You will note that this is a fairly voluminous report of 16 pages. It's from the Chief of the Security Police and the SD and the date line is "Berlin 11 September 1941" end it contains various references to the activities of the Einsatzgruppe, how it occupied certain territories.
Actually, the excerpt which we are using is Document NO-3154 and this exhibit is the final page of the photostatic copy of page 16. You will see it refers to the "Balkans" and then "Serbia" and the excerpt in translation is as follows:
"Increase of the insurgent movement in the Drina-Save-Triangle and in the area around Lazarevac. Considerable concentration of insurgents around Gor. In general numerous attacks and acts of sabotage mainly on railroads. Line Belgrade-Nish as yet not repaired. In reprisal for attack on a Wehrmacht vehicle on 5 September in a village north of Cacak, the village was destroyed on 6 September."
It is quite clear from this document that the destruction of a village as a retaliation for an attack on a vehicle was not a spontaneous act of outraged troops because the reprisal action took place a full day after the attack occurred.
DR. LATERNSER(Counsel for defendants Weichs and List): A translation is not correct. In the German text of the document book, page 39 -- that is page 50 of the English -- it says on the last line: "The village was shot to pieces on the 6th of September"; while in the English document book, on page 50, in the next to last sentence of the text of the document, it is translated as follows: "The village was destroyed."
The translation is not correct at all because the sense of the document if I use the words "shot to pieces" means that it is probably shot to pieces with a fight of bands and not as it looks from the English translation, by way of reprisal.
MR. FENSTERMACHER: If your Honors, please, I think the translation is quite clear as to whether it was shot to pieces or whether it was destroyed.
It was in fact in reprisal for an attack on a Wehrmacht vehicle which occurred the day previous.
THE PRESIDENT: If there is a question as to whether the translation as given in the English is correct, The Court will ask that it be handed to the official translator for his translation.
May I ask that the translator refer both to the English page of the document book and the page in the German page so it may be properly identified.
THE INTERPRETER: Then in the German document, in the last paragraph -- in the English document book it is page 50 and it is again the last paragraph --- the translation is: "as a reprisal for the attack in the village north of Cacak on the 5th of September on a Wehrmacht vehicle the village was shot to nieces on the 6th of September." That ends this paragraph.
MR. FENSTERMACHER: I think, if your Honors please, that does not affect the purpose for which he document has been introduced by the prosecution. We intend to show that the village was shot up, or what we intend to show is that the village was shot up in reprisal for an attack which occurred the day previous and it is quite clear, I think, from the text that there was no combat action involved through which the village was shot up.
MR. FENSTERMACHER: The next six documents in Document Book 2, your Honors, are probably the most important documents which will be introduced by the prosecution against the defendant List, and I think I should fill in the background a little bit before we actually introduce them.
When the German Army made preparations for the attack against Russia, which was launched on 20 June 1941 -
DR. LATERNSER: I believe I must again object. In order to give the background, the prosecution had ample opportunity in its opening statement. We are now in the case in chief, where according to the rules established by the International Military Tribunal connecting sentences, are possible. Additional statements arc not possible in the case in chief as far as I know, in the procedure.
MR. FENSTERMACHER: I do not mean to enter into any argument at this time, but I believe that for the proper understanding of the document, there ought to be a little bit of association between external events and these somewhat dry and dull words that appear on the printed page. I would fill in the background, as I term it, in about 4 or 5 sentences.
THE PRESIDENT: Mr. Prosecutor you may make such explanatory comments as you feel may be necessary in connection with these documents. However, this Tribunal is of the opinion that this is not the time to comment on their value or to give your conclusions as to what you think about them.
This Tribunal is interested at this particular time only in the presentation of the evidence. However, as I stated before we have no objections to your briefly commenting on those matters as you feel you should do so to connect them up. Let's limit it to that.
MR. FENSTERMACHER: To go on from the Southeast theatre after the campaign ended in May, immediately during the course of the summer, the insurgent movement grew larger and larger, and finally something had to be done, and we can see that Field Marshal List suggested what should be done from the next document, which is NOKW 1424, and begins on page 51 of the English translation, and page 42 of the German. It becomes Prosecution Exhibit No. 48.
This is the request which Field Marshal List sent to OKW in Berlin, requesting that there be unification of commands in Servia in order to successfully defeat the insurgent movement.
There was a military commander in Servia at that time, who had administrative troops under him,, and there was a technical commander in Serbia and General Bader with the 65th Army Corps Command who had tactical groups under him.
DR. LATERNSER: Mr. President, I object against this presentation here. It is not right, in order to show the court why these documents are submitted here, the prosecution here presents assumptions, and from these assumptions he must bring proof, and this is not the time to add any assumptions to the documents presented here.
THE PRESIDENT: The Tribunal is of the opinion that the objection is made by counsel for the defendant is a proper one, and that the matters which are commented upon become, in their nature, evidentiary. As I stated before, we have no objection to your making brief comments as to these documents, as they are connected, as I stated before, and I believe it should be limited to that, and that there should be no comments as to what could very well be termed evidence being given by the prosecutor.
MR. FENSTERMACHER: Exhibit No. 48 is a memorandum from the defendant List, the commander-in-chief of the 12th Army dated 15 September 1941. It goes to OKW headquarters, and it reads as follows:
TRANSLATION OF DOCUMENT No.NOKW 1424 OFFICE OF CHIEF OF COUNSEL FOR WAR CRIMES I (Page 1 of original) (handwritten) O Qu Qu2 (Illegible initial) 14 Sept.
M.C.
(Stamp) Top Secret.
Priority 5 copies Teletype 4th copy To OKW/Headquarters Group same text OKH, Army General Staff.
Threatening development of the overall situation in Serbia demands energetic measures. Even the new Serbian Government docs not come up to expectations, according to reports of the Commander in Serbia. Gendarmerie unreliable on an increasing scale. Association between the insurgents - in my opinion not aptly described as Communists by the Commander in Serbia - with the Cetnicks, has been confirmed.
First requisite is a rigid uniform leadership of the offensive operations which are necessary for the restoration of unconditional authority. Moreover it is essential that the overall executive power, including command over the troops which will be committed, should be united in one hand. This can only be that of the supreme troop commander. The present command regulations are based on peaceful conditions and are unbearable under the present turbulent combat conditions.
General of Infantry Boehme is a person to be considered as especially suited for this position since at the same time he has an excellent knowledge of conditions in the Balkans. Together with his staff, he should be made free for this task.
(Stqmp)
12th Army.
Received 13th Sept. 1941.
O.Qu No. 1163 (handwritten) Top Secret.
O Qu/Administration 134/41 top secret.
(Page 2 of original)
It is fully understood that the interests of the Four Year Plan will also be taken into consideration in this case. Main condition for its realization is security and order in the country.
Even after the transfer of the reinforced 125th Infantry Regiment, the German Forces are in no way sufficient for carrying out the necessary operations in Serbia. The divisions of the 15th Wave, both as regards personnel and material composition, as well as regards leadership, are unsuitable, according to experiences made up until now, "for the destruction of this revolt, which is universally breaking out." Mobile supply installations for larger sized operations are also lacking.
I therefore see myself forced, in spite of my appreciation f the overall situation, to propose the speedy transport of at least one powerful front-line division with tank support.
(Signed)
Wehrmacht Commander Southeast Certified true copy (signed) (Illegible) (12th Army) Colonel GSC 13th September 1941.
(Signed) List.
After release. Field Marshal.
Chief (Teletype - 1a-1c-O.Qu War Diary.