"On 17 Nov 41 march to Gesljeva Bara, 23 kilometers east of Pozarevac, during march in small combats 12 Communists shot to death, a courier taken prisoner. The hourse of the mayor who cooperated with Communists set on fire. 1 Communist in Makei arrested and killed.
"On 18 Nov march to Srednjevo, 23 kilometers west of Pozarevac.
"On 21 Nov march to Vel. Gradiste, 21 Communists shot to death, 4 light machine guns, 1 heavy machine gun, 100 rounds ammunition, 50 hand grenades captured. And still further down, 20 Communists arrested, slaughtered and thrown into the Danube.
"On 25 March to Golubac, on the way 45 Communists shot to death, 10 wounded and killed. On 29 Nov in the village of Dobra, 28 kilometers east of Golubac on the Danube, 4 Communists leaders arrested who were sent to Belgrade."
MR. DENNEY: I now have the document which was marked as 110-a for identification, and I will ask that the Court turn back to page 139-a of the record. I hand the Counsel for Defense eleven copies of the document, and three for your Honors, one English and one German copy each for the translators and the reporters. This is the document to which reference was made earlier, The original bears the stamp of the 65th Corps, and the original is signed. It is a report from the 717th Infantry Division to its higher command, the 65th Corps. The report is dated 7 November 1941 and recites the subject as being "Results of the Operations of the 749th Infantry Regiment in October 1941". At the time, the 749th Infantry Regiment, as the Court has seen from Exhibit 109, was part of the 717th Division. And it was received on the 8th of November by the 65th Corps. The letter is addressed to "Corps Command for special assignment LXV."
"Infantry Regiment 749 reports the following results of the operations in October 1941:
1. Enemy losses: Dead 5073, among those 4300 as reprisal for soldiers wounded and killed in action.
Prisoners 797 also shot, 5 hanged.
2. Own losses: dead 50 missing 4 wounded 92 For the Division Command:
signed: Hosterbath"
DR. LATERNSER: Mr. President, I must object to the manner in which this document is used. This order consists of one page of three numbers, not two, as the Prosecution implies. He read only a part of the document. Just the third part, which gives the document a special significance, shows the extent and nature of the partisan warfare, and it would give the Court a special picture. It was omitted by the Prosecution. I think there is a limit to how one can use documents. In my opinion the limit was reached when the defense has to protest against the partly using of a document. In such cases in order not to give a false impression, the full document must be made available to the Tribunal. Mr. President, where is the limit to be? One would omit sentences in case the Prosecution's standpoint should be approved. One could omit words. For instance, if the point of view of the Prosecution is correct, one could omit a "not", which would completely change the meaning of the document. The limit is there when the Defense objects to parts of the document, the Prosecution must be obliged to submit the whole document. In this case it is a very short order, and so this demand is not unreasonable. In No. 3, the booty captured comprises a whole list of items which indicate the nature of the fighting between the German troops and the insurgents.
MR. DENNEY: Dr. Laternser may read in the balance of the order. It just lists what they captured. Our good faith is shown by the fact we gave them the whole document. We have no objection to his reading it into the record at this time.
THE PRESIDENT: It being agreed by the prosecution that the matter to which Dr. Laternser objected may be read into the record, Dr. Laternser may so read it at this time if the so desires.
DR. LATERNSER: Very well.
MR. DENNEY: Unless it is desired that the interpreter read it.
THE PRESIDENT: Very well.
INTERPRETER von SCHOEN: Very well.
MR. DENNEY: I would like to state for the record, at this time that any time there is any part of a document which we have not read into the record, if the defense counsel will just indicate that he wants it read in, we have no objection. The court being, that, as the court knows, and I believe defense counsel, the translation facilities are somewhat pressed, and we do not try to have translated any more than is necessary. However, we always furnish defense with the complete document from which we translate an excerpt, and if they will just indicate what they would like to go into the record, I am sure that we will make every effort to comply with it.
THE PRESIDENT: The interpreter may read that portion of the document which has been commented upon.
INTERPRETER von SCHOEN: "67 mines; 3 machine guns; 48 rifles; one sub-machine gun; 8 pistols; 3 artillery carriers, with over 300 rounds of ammunition; over 30,000 rounds of infantry ammunition; 200 grenades; 31 bicycles; one typewriter; 31 blankets; 2 saddles; one field kitchen; 2 native vehicles; 3 muskets; telephone cable with 5 telephones; explosives; many hand grenades, food; 95 cattle; 116 pigs; 38 calves and 23 sheep."
THE PRESIDENT: Does that complete the portion that is claimed is not included in the translation furnished in the document book?
I am making the inquiry of the interpreter.
INTERPRETER von SCHOEN: Yes, your Honor.
MR. DENNEY: In order that the record may be clear, if your Honors please, that is all of the document. That is all there is to it.
Now we have some additional documents to be inserted at the end of this document book. The first one is, -
Before we continue, I might ask of the representative of the Secretary General's office to make sure that the letter "a" has been stricken from Exhibit 110 in evidence. The last document which is offered. It was marked 110a, for identification, and now, if your Honors please, I believe it is 110 in evidence.
THE PRESIDENT: The record may so show.
MR. DENNEY: We now hand to the Secretary General's representative, the first document which we offer as Exhibit 113 in evidence, it being document NOKW 1665, and three copies in English to your Honors, 11 copies in German to counsel for the defendants, English and German copies for each of the Court Reporters and the Translators. We ask that this be inserted in Document Book 3a, at the end of the book, and in the English that it bear the page numbers, 157;
for page 1; which goes through to the one line; under the entry of October 3, page 158 for page 2; 159 for the third page and 160 for the fourth, the certificate of the translator.
If Dr. Laternser will be kind enough to indicate the last page in the German book 3, we can assign page numbers to that.
DR. LATERNSER: 106 is the last page.
MR. DENNEY: The first page in the German copy will be 107, second 108, third page 109. This is an extract from the war diary of the 18th Mountain Corps which was under the Command of the Wehrmacht Commander southeast, as is recited on the cover page, and also the 12th Army Headquarters for the 18th Mountain Corps, which was commanded by the deceased Boehma, and he also was the officer who held the post of Plenipotentiary Commanding General Serbia.
There is an entry of 19 Oct. 1941, which states, "Order to shoot 50 hostages in retaliation for the wounding of a soldier of 220th Anti-Tank Battalion, and then report to Wehrmacht Commander Southeast, 12th Army Headquarters on arrest of hostages.
Then under the date of 19 October, your Honors will recall that we have been concerned in the earlier pages of this book with the incident at Valjevo, and here it recites an order to the Corps Commander No. 65th concerning the execution by shooting of 2200 serbs in retaliation for 10 German soldiers killed, and 24 wounded from units encircled at Valjevo.
On the date of the 33rd, the Corps'diary recites the report by the 2nd Battalion of the 521st Army Signal Regiment on execution by shooting, and your Honors will recall that report which was from the Major who was the signal officer, and enclosed the report of the Lt. who recited the shootings which took place on the 9th and 11th of October 1941.
DR. LATERNSER: Mr. President, I should like to point out that what the prosecution has just submitted is merely an assertion which has to be proved. What this report referred to is the document of the 2nd Signal Regiment; what the prosecution has just said is merely an assertion.
MR. DENNEY: If your Honors please, I was especially careful in this reference to it, to just direct the Court's attention to the earlier documents, just in connection with the entry from this diary where they recite those instances. I especially directed the court's attention to the earlier documents which the court has seen were in similar numbers, with reference to people involved and similar units by regiment and battalion number were offered and received in evidence.
THE PRESIDENT: You are now referring to the entry of October 23, 1941.
MR. DENNEY: Yes, your Honor.
THE PRESIDENT: And this statement as here incorporated, is so incorporated in the original document?
MR. DENNEY: If your Honor pleases, I can examine-
THE PRESIDENT: I mean in this diary we are referring to here?
MR. DENNEY: I do not know the exact words are incorporated, but the substance, it is submitted, your Honor, is the same. I have not checked them for a verbatim reference, but I see it is now approaching the time for adjournment.
Perhaps if the Court sees fit to adjourn at this time, I can check them during the noon hour and advise the court when we reconvene.
THE PRESIDENT: Very well, the court will recess at this time until one-thirty.
AFTERNOON SESSION (The Tribunal reconvened at 1330 hours, 21 July 1947)
THE MARSHAL: The Tribunal is again in session.
DR. MENZEL: (Counsel for the defendant Kuntze): Your Honor, before the session begins, I would like to report the following: Dr. Marx for the defendant General Dehner is sick. He has asked me, during the session, to represent him. I would like to ask if this is an order.
THE PRESIDENT: There is no objection on behalf of the prosection, is there?
MR. DENNEY: No, if Your Honors please.
THE PRESIDENT: Inasmuch as the defendant will be represented by counsel through this counsel now appearing, the Tribunal has no objection and you may do so.
DR. MENZL: The German translation didn't come through. Thank you.
THE PRESIDENT: You may proceed, Mr. Denney.
MR. DENNEY: If Your Honors, please, just before the recess we were, at the request of Dr. Laternser, endeavoring to connect the extracts from the 18th Mountain Corps War Diary with the prior exhibits. Your Honors will recall the 18th corps was Boehme and the Plenipotentiary Commanding General in Serbia was also Boehme. The entry under 19 October, the second portion which is contained on page 157 of the English is in substance the same as the order which is Prosecution Exhibit 84 in evidence at page 22 in Document Book III. Your Honors will note that the numbers 2200 arrested Serbs will be shot for 10 killed and 24 wounded German soldiers. That appears in Exhibit 84, the order; and the Diary entry bears the same notation.
The order to Corps Commander Number 65, concerning execution by shooting of 2200 Serbs in retaliation for 10 German soldiers killed and 24 wounded. In Diary entry, exhibit 113, it says "from units encircled at Valjevo", and the order, Exhibit 84, "members of troop units besieged in Valjevo." The entry of 23 October '41, which appears on page 157 of Exhibit 113 in evidence; Your Honors' attention is directed to Exhibit 80 in evidence which is the report of the lieutenant of a company of the 521st Signal Regiment, the Second Batallion, and the commanding officer of the Second Batallion then reports to the Senior Signal Officer, and in addition to the Plenipotentiary Commanding General in Belgrade. An at page 6, the distribution list of the Major's report, the commanding officer of the second Batallion, 521st Regiment. And the Distribution list as was pointed out to Your Honors at the time contains the 12th Army, Plenipotentiary Commanding General, 18th Corps which is Boehme; and also the 65th corps. And the entry of 23 October 1941 in the exhibit under discussion, the unit recited there, Second Batallion, 521 Army Signal Regiment, appears.
Turning then to page 158 in English, still in Exhibit 113 in evidence, still under the date of 23 October, conference with the Chief of Military Administration about the shootings at Kraljevo and Krajojevac. And the next day another conference; this time the State Councilor Turner on the 24th about occurrences at Krajojevac and Kraljevo. The 31st October recits an order to the Town Commandant of Belgrade to shoot 200 hostages. The date of 3 November, a Lt. Krambacher saw the Counsel for War Administration Dr. Kiesel, about supposed arbitrary shootings by units at Kraljevo, and then it says that the 822 District Headquarters did not participate in the selection.
And I don't think we need to pay any attention to the next notation.
27th of November of '41, order to list by name hostages to be shot; and then the 29th -- or 28th, a call from Captain Schuster: "What is to be done with Mihailovic Checkneks, a reception camp at Belgrade, a transfer to concentration camp to Sabac ordered. The 30th, an order about reporting a discussion of retaliation measures. The first discussions between 1st Lt. Krambacher and Inspector Belderman concerning reports on hostages by the Administrative Staff in addition to the ten day reports. May I see the original, please?
These next pages were taken out of order when the document was translated and the next entry should have appeared earlier.
4 October, verbal request to the Chief of the Military Administration in Serbia, an order that 342 Corps, Signal Batallion 449 by shooting prisoners in Sabac and Belgrade in retaliation for murders of 21 German soldiers at Krajojevac on 2 October, and that, it is submitted, refers to the prosecution's exhibit 78 in evidence; and it is to be noted in this connection, page 1 and 2 of the English text, that the penciled note which is on the original, which has been offered, that is on the copy which has been offered, states only "verbally ordered" and also here, under 4 October 1941, it says "verbal request", and the units again are the same 449. And the shooting details from the 342th.
and here again the 342 appears in Exhibit 113 as it does in Exhibit 78, and the town Brenolvac is mentioned here as it is in the first sentence of Exhibit 78.
Turning then to Exhibit 113, the last comment under 30th October, "ordered the town commandant of Belgrade to shoot 200 hostages." That is with reference to this last order, it is apparent that in the entry for 31 of October, are the same; and from the original it appears that the reservation is for the 30th. Therefore, the prosecution withdraws that section of this document which appears under date of 31 October on page 158. There is only one order to the town commandant of Belgrade to shoot 200 hostages, not two.
Then we ask that the next document which is NOKW1662 be inserted at the end of the record as Exhibit 114. In the original there are two pages which will be pages, English 161 and 162, and if Dr. Laternser would indicate the last page of Exhibit 113 in the German, it will become 110 and 111. Three copies to the court, one each in German and English for the reporters and the translators, eleven copies in German for the defense counsel, and the original for the Secretary General. Will you get the original back for me a minute?
DR. LATERNSER: Your Honor, I object to the introduction of this document. It is not signed. It has no proper heading from which I can see where the document comes from. I would also like to point out to the Tribunal that the pages -- at the bottom page 42 and the next page is number 43. It seems to be completely taken out of its proper connection and I object to the introduction of his document.
MR. DENNEY: I would like to point out, with reference to the numbers that are at the bottom, these are just numbers that are put on in Washington when the documents are sent over so that they can identify them. The 42 and 43 which appear at the bottom here.
It is conceded that the document is not signed. There is some sort of a mark at the end of it but again it is offered for what it is worth and it docs recite a communication to someone whoever drafted the document, an inquiry by the Commanding General Southeast, and it gives the diary number of that communication in the heading.
THE PRESIDENT: It is apparent that this is one of the documents which was taken at the close of the war and is a war document or at least found in the effects of the Germans.
It will be taken for such probative value as the court cares to give to it, and the objection is overruled.
MR. DENNEY: At the top, "The department of National Defense, 21 December 1942. Subject: Use of troops of Allied states for security of Serbia." Then it says "Answer to the teletype of Wehrmacht Commander Southeast of 20 December 1941," and of course at this time the defendant Kuntze had taken over as Wehrmacht Commander Southeast. "Department National Defense" -- then it gives the number "2219/41 Top Secret."
The proposal of the Wehrmacht Commander Southeast is based on the instructions of the Department for National Defense that industrial areas important for German war supplies shall not be occupied by alien troops. In the opinion of the Dept. for National Defense/IV this principle ought to be adhered to, if we want to continue to extract badly needed raw materials and food supplies from Serbia.
Experience up to now shows that from the areas occupied by allies in essential economical advantage does not result for Germany. A separation of the administration and economical exploitation from the security does not appear expedient as the German administration in Serbia, small in numbers relies almost exclusively on troops and indigenous police for its executive. A German administration in an area occupied by foreign troops would lead to troubles in the Balkans still greater than those in the Ukraine.
In order to continue to exploit for Germany, the Serbian areas important for the war effort, we propose to follow in general the proposal of the Wehrmacht Commander Southeast, concerning the limits of the areas of Serbia to be handed over to foreign troops.
In modification of the pre-requisite required in Para. lb, it is to be settled, that the areas occupied by the Bulgarians are also to be administered by the, reserving the final fixing of the borders.
And then the last document which we wish to append to this book is NOKW-1661 which will become Exhibit No. 115. I beg your pardon, that is withdrawn. I was in error; that seems to be one that goes in the next book. There was one document which we passed on Friday to which I would like to call the Court's attention. It is NOKW1378 and appears on page 69 of the German and page 93 of the English. This is your report which was, I believe, the Secretary General has the original copy of that. We didn't receive it. It is not in Court?
Well, perhaps we'd bettor wait until a later time to refer to it. That concludes the Third Document Book, your Honors. We will now proceed with Number Four.
MR. FENSTERMACHER: If your Honors please, before proceeding with the presentation of the documents in Document Book IV, we should like to insert one document in Book II. I have eleven copies in German for the defense counsel of NOKW-1661 which we ask to be marked Exhibit 40-A, three copies in English for your Honors -
THE PRESIDENT: What was the exhibit number given it?
MR. FENSTERMACHER: Exhibit 40--A, your Honor. One copy in English and German, each, for the stenographers and court interpreters, and the original document for the Secretary General.
Your Honors will recall that Exhibit No. 40 in Document Book No. II, page 20 of the English and on page 18 of the German, referred, to the execution of twenty Communists in retaliation for three German soldiers killed in a surprise attack on the mine of Rtanj.
Exhibit 40 was an extract from the War Diary of the Commanding General in Serbia. The exhibit which we are now concerned with, Exhibit 40-A, tics in with that earlier exhibit. We ask that it be given the page numbers 20-A, 20-B, and 20-C in the English and 18-A, B and C in the German. This is a report from the Military Commander in Serbia, Administrative Staff, dated Belgrade, August 9, 1941, to the OKW Department National Defense Wolfsschanze via Wehrmacht Commander Southeast. Its subject is a telephone call from Lt. Col. von Trippelskirch to Ia Major Fentz.
Colonel von Stockhausen, Commander of the Administrative Sub-area Headquarters in Uzice, had ordered the shooting of a great number of Serbs in reprisal for an attack on German police drivers, during which one man was killed and one man was kidnapped, near the locality of the incident. A police company collected 81 Serbs from the surrounding villages and from the fields and forced Serbian Gendarmerie to shoot them. The consequence of this incident was a temporary Governmental crisis and an effect of shock on the population. This affair could, be straightened out almost immediately so that peace was achieved through this local incident. Contrary to the report of the Foreign Office the situation is very tense. Sutiable measures are under way.
(signed) Dr. K i e s s e l The next page, 20 b in the English and 18 b in the German, is a communication from the Commandant of the Administrative Sub-Area Headquarters, from Freiherr von Bothmer, to the Commander Servia, Command Staff, and it is dated Nis 27 August 1941 and the receipt stamp of the 28 August 1941 of the Military Commander in Serbia.
It appears in the upper right hand corner of the document. The subject is: Attack in Rtanj.
Belgrade Enclosed please find report of the 3rd Company of the 920th Local Defense Battalion concerning the attack in Rtanj.
At the same time Administrative Sub-Area Headquarters requests orders for 15 to 20 Communists who are in jail as hostages here in Nis to be shot dead and hanged in Rtanj in answer to the shooting of German soldiers. The application has been delayed up to now because the deputy of the Security Police has recently been absent almost constantly. Therefore the investigation could not be concluded as to whether the people who were turned over to us, actually are Communists. Caution is indicated since again and again people who had nothing to do with the matter are brought in because of denunciations based on vengeance and the like.
The Commandant of Administrative Headquarters In the lower left-hand corner of the document there is written in hand this notation:
Hostages may be shot anyhow. Why this inquiry?
On page 20 c of the English and page 18 c of the German, we have another communication referring to the same matters. It is from the Commander Serbia, Command Staff, dated Belgrade 2 September 1941. Again the subject is: Attack on Rtanj, and the reference is to the preceding document. The communication is to the 809th Administrative Sub-Area Headquarters, Nis:
"Under proper conditions, hostages may be shot or hanged without further ado.
"Consequently, this also applies to the 15-20 hostages detained there as a reprisal measure for the shooting of German soldiers during the attack in Rtanj.
"For the Commander Serbia, The Chief of the General Staff, signed Granvenherst, Lt. Colonel, General Staff Corps."
This document, if Your Honors please, is offered in reference to particularly 5 b of Count I of the indictment.
Passing now to Document Book 17. Document Book 17 is a collection of orders and reports from various subordinate units to higher headquarters. There are, for example, reports from the Division Subordinate to General Boehme to Wehrmacht Commander Southeast, as well as reports from various units subordinate to General Bader as the Commander in Serbia. In general these reports are of an operational or tactical nature. We have extracted from those reports only those portions which concern matters in the indictment and even as to those extracts which we have translated I think it is not necessary to read in their entirety all of those references but simply to point out to Your Honors that those from a Prosecution standpoint seem to need particular attention.
The first document is on page 1 of the English and page 1 of the German, Document NOKW which becomes Prosecution Exhibit 115. This is a series of daily reports from the 342nd Infantry Division to General Boehme as Plenipotentiary General in Serbia. The reports, in all cases, are signed Ia, 342nd Division and are addressed be the Plenipotentiary Commanding General in Belgrade. They reported 24 September 1941, and concerns the mopping up of Sabac. The participating units are listed and then the report continues:
The mopping up operation was connected with the occupation of the Chemical Works and the settlement there which were outside of the former security line.
The complete operation is not yet concluded.
The selection of the men, which has happened until now without friction , about 4000 men up to 1700 hours who are being kept temporarily in the collection camp west of the bridge Sabac.
Searching for arms and ammunition has started, but up to now has been without results.
Neither during the occupation of the Chemical Works we encountered no enemy, nor at first during the searching of the adjacent settlement. A t 1600 hours the enemy opened violent rifle fire from covered terrain south and southwest of the settlement on the troops in the settlement and were answered by heavy artillery-, anti-tank-, machine gun and rifle fire.
At present we hold Sabac, the Chemical Works and the settlement, the operation will be continued tomorrow.
Own losses are not reported from the mopping up and combat operations up to now.
This morning 2 civilians shot dead who had been encountered in the fields with weapons in their hands.
The daily report of from 24 to 25 September 41. Course of the operations was given. I direct Your Honors' attention only to the fifth line of paragraph a :
"During the night 4 enemy reconnaissance groups were pushed back on the South and West fronts of Sabac."
Under the paragraph beginning "Impression":
"Focal point of enemy forces in difficult terrain to survey to the south of Sabac. The strength can not be estimated. Up to now only rifle fire. The population is composed, without any considerable insubordination."
Continuing on page 3 of the English and page 3 of the German: The daily report of 24 to 25 September under "Prisoners and Booty":
"3500 - 4000 male inhabitants of Sabac arrested. Delivery of arms up to now considerable. Exact enumerations in progress.
"Losses: Own losses of the unit up to now 5 wounded. In addition 1 racial German dead.
On the enemy side: 4 dead. 39 Inhabitants shot dead."
The daily report of 25 to 26 September 41: I call Your Honors' attention only to paragraph e on page 4 of the English which is also on page 4 of the German:
"Prisoners and Booty: Arrested 4410 men.
"Arms found 1 Machine Gun model 34, found in a cornfield.
1 Rifle an indefinite amount of ammunition.
Wounded of the Division: the Commander of the 9th Company of the 698th Infantry Regiment and 1 man also 1 man of the II. Battalion of the 750 Infantry Regiment. Losses on the enemy side not e-stablished.
6 more inhabitants shot dead."
The daily report of 29 to 30 September 41: I think here again I need only call Your Honors' attention to the paragraph under "Prisoners and Booty " which appears on page 5 of the English and on page 5 of the English and on page 5 of the German:
"The unit reported 1870 prisoners, 1 Machine Gun and several rifles with ammunition. A vehicle belonging to the baggage column was captured in the area of Pricinovic.
"Of the prisoners 190 men could be selected by interrogation as forming a communist group at the village of Uzveco.
"These men will be shot today.
"Losses:
"Own unit 2 dead by own fire during the night.
Of the enemy 84 men shot dead."
Turning next to page 6 of the English and page 8 of the German the report of the Major General and Commander of the Division, Dr. Hinghofer, to the Plenipotentiary Commanding General in Serbia.
Subject: 10 day reports and monthly reports. This report of the 29th of September 1941: