"Reprisal measures (see Daily Report 12. 3. 44 changed:"
THE PRESIDENT: What page, please.
MR. RAPP: I am on page 41, your Honor, page 41.
THE PRESIDENT: Thank you.
MR. RAPP: Reprisal measure (see Daily Report 12.3.44 changed:" Korinth 45 hostages, Tripoli 52, Sparta 44 shot, 59 men reprieved.
"Signed Military Commander Greece, Ia No. 11113/44 secret initial illegible."
Below your Honor, the entry of the 22nd of March, Evening Report:
"Administrative Sub area Headquarters Korinth Report; 52 hostages in Tripoli and 44 hostages in Sparta were shot as reprisal measures on 21 March."
Page 42 we have the distribution, your Honors, of this report and then again under the 22nd Ic Morning report entry:
"Reference 59 hostages reprieved by combat commandant Peloponnus. On 21.3 in Korinth 45 hostages were shot to death. Additional executions will be reported later.
"Signed Military Commander Greece, Ic No. 15409/44 secret."
On the same page, your Honor, another Ic Evening report dated 21 March 1944. On page 42 of your Document Book:
"Administrative Sub Area Headquarters Korinth Report: On 21.3.44 in Theodori 5 Greeks hanged as reprisal measure for railroad sabotage."
They refer to previous reports and it is signed by the Military Commander Greece Ic.
Your Honors, turn to page 43 please, page 50 of the German Document Book. We find the distribution of the previous document went for information, again to the IXVIII Infantry Corps and all the way to the Military Commander Southeast, and we have 17 of March 1944 and it says:
a) see Ic - morning and evening report
b) First Evzon Regiment Athens
1.) At 0110 Hours the base point Coal Fine Gropos 35 North of Athens was attacked by about 60 bandits with numerous automatic arms. After temporary evacuation and reinforcement the village was taken back by counterattack. One civilian was kidnapped by bandits. Enemy losses not ascertainable, numerous traces of blood left behind.
2.) During search operation (see daily report of yesterday) 17 communists shot immediately after interrogation.
Voluminous propaganda material safeguarded (initial m) (signed) Military Commander Greece The next page, your Honor, page 44, we have again Ic Morning report dated 15 of March 1944:
Fatal casualties during attack South of Tripoli includes the 21st:
Ordered as reprisal measures:
1.) Shooting to death of 200 hostages (Co-responsibles from the area of attack)
2.) Burning down of 10 villages (found to be Band Nests within the area of attack)
3.) Limit of permission to leave home in the area of attack from 0900 Hours to 12.00 Hours daily up to and including 22.3.1944.
4.) Prohibition of all vehicles in the area of attack. Exception - vehicles of International Red Cross and supply trips for vital plants and the city of Athens.
5.) Erection of a prohibited area on both sides of the road Tripoli-Sparta under threat of ruthless use of arms.
(signed by) Military Commander Greece
THE PRESIDENT: It is virtually time for adjournment now. We will stand adjourned until this coming Monday at 0930. This adjournment is made at this time in keeping with proceedings heretofore had earlier this week.
We are in adjournment.
The Tribunal will recess until 0930 o'clock Monday morning.
11 August 1947.
Official Transcript of the American Military Tribunal in the matter of the United States of America against Wilhelm List, et al, defendants, sitting at Nurnberg, Germany on 11 August 1947, 0930, Justice Wennerstrum presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V. Military Tribunal V is now in session. God save the United States of America and this honorable Tribunal. There will be order in the court.
THE PRESIDENT: Mr. Marshal, will you ascertain if the defendants are all present in the Court?
THE MARSHAL: May it please your Honor, all defendants are present in the courtroom.
THE PRESIDENT: Judge Edward F. Carter will preside at this day's session.
PRESIDING JUDGE CARTER: You may proceed, Mr. Rapp.
MR. RAPP: When we adjourned last Friday, your document book XVIII --
On Friday we concerned ourselves with Document Book XVIII and I believe we reached page 44 in your Honors' document book and page 51 in the German document book. This was prosecution's exhibit No. 437, NOKW-670.
We now turn to page 45 and here we have the "Ic" of the Military Commander Greece sending a report on the 10th of March 1944 to the Military Commander Southeast Belgrade and High Command Army Group E, Soloniki:
"After the plants working directly or indirectly for the Wehrmacht and their workers were taken under Military protection and refusal to work was threatened with strictest measures, the labor situation in Athens and Piraeus is normal. The measures taken by the Military Commander Greece since the beginning of the strike movement on 3 March 1944 were intended to break the Communist terror while taking into consideration the interests of the Occupying Power and of Greek economy.
The swift and severe proceedings broke the strike rehearsal, which the Communists had staged.
"Total of arrests: 257 officials, employees and workers of the Greek railroads (final decision in operation). During mopping up Operations in Nea Kokkinia on 7.3. reported: 132 prisoners (interrogation in progress) 80 wounded, 14 dead. As reprisal measure on 9.3.44 - 50 Communists shot to death."
Signed: "Military Commander Greece, Ic Register No. 15 160/44 secret."
The Defendant Speidel was at that time the Military Commander in Greece.
If your Honors turn to the next page, page 46, we have again a report from the Military Commander Greece Ic to the Military Commander Southeast and the High Command Army Group E, classified as "Urgent Secret", 9.3.44:" Ic Evening Report 9.3.1944."
DR. LATERNSER (Counsel for defendants List and von Weichs): Your Honors, the prosecutor has stated that this report went from the Military Commander Greece to the Military Commander Southeast as well as to the Military Commander Army Group E. As to the 2nd headquarters mentioned, it must be added that this report was given for information reasons as can be seen from the translation. I think, that this is important.
MR. RAPP: We submit, your Honors, that we accept the defense counsel's suggestion and put it into the record "for information."
PRESIDING JUDGE CARTER: All right. You may proceed.
MR. RAPP: "Ic Evening Report of 9 March 1944. In Athens in reprisal for strike agitation by Communists and the partial strikes caused by them, 50 Communists shot to death on 9.3.44.
The executions were published in the the Press. (Signed) Military Commander Greece" --
I believe the transmission didn't come over -- "Ic Registration No. 15128/44 secret. By order Colonel Major."
If your Honors will turn please to page 47, we have a report to:
"Military Commander Southeast Ic, Belgrade "High Command Army Group E, Ic, Saloniki "(For Information) Military Commander Greece Ic" dated 25 February 1944, "Ic Evening report of 25 February 1944."
"Administration Sub-Area Headquarters 1042 reports: In reprisal for the attack on the truck column near Megalopolis on 22.2.44 it is intended to shoot 200 hostages in Tripoli. In Tripoli and Megalopolis a state of emergency has been declared up to 7.3.44 with special curfew hours. (Signed) Military Commander Greece Ic Reg. No. 14 855/44 Secret. By order: Major."
And then on page 21 of the original there is again a report from the Military Commander Greece to the Military Commander Southeast Ic Belgrade, and High Command Army Group E Ic Saloniki, for information dated 24.2.44:
"Ic Morning Report of 25.2.1944. Administrative Sub Area Headquarters Tripoli reports: 50 hostages from the hostage camp Tripoli were shot to death on 23.2 in reprisal for the murder of an interpreter. (See evening report Ic of 12.2.44) (Signed) Military Commander Greece to Reg. No. 15 843/44 secret. By order: Major."
If your Honors turn now to page 48, please --- defense counsel will find his on page 53 -- we have another entry in this War Diary. On top it says:
"For information Ia,(handwritten); 1)Military Commander Southeast/Ic Belgrade; 2) High Command Army Group E/Ic Saloniki (for information) Military Commander Greece Ic."
"Ic Evening Report of 22.2.44. Administrative Sub-area Headquarters Larissa reports: As reprisal for anti-Communists shot to death on 1.2 and for the murder of confidential agents on 11.
2, 9 Communist hostages from Volos were shot to death on 17 February. (Signed) Military Commander Greece Ic Registration No. 14 771/44 secret."
On page 23 of the original:
For information Captain Loose Ia
URGENT War Diary (illeg.initial) Military Commander Greece Ic 11.
2. 44 1.) Military Commander Southeast, Ic, Belgrade
2.) High Command Army Group E, /Ic, Saloniki (for information)
Ic Evening Report of 11.2.1944 As reprisal for the murder and wounding of Greek Gendarmes, Evzonens and Policemen(by order of) the senior SS and Police Fuehrer and Police Leader Greek, 25 Communists, Hostages were shot to death in Athens on 10.
2.1944 -- Execution was published in the press.
Colonel G.S.C. (signed) Military Commander Greece Ic Reg:
No. 14 585/44 secret" If your Honors will turn to page 49, we find(on page 24 of the original) again an entry in the War Diary, with illegible initials:
"For information Captain Loose Ia
URGENT Military Commander Greece Ic 9.2.44 1.) Military Commander Southeast, Ic, Belgrade
2.) High Command Army Group E,/Ic Saloniki (for information)
Ic Evening Report of 9.2.1944 . . . . . . . . . . . . . . .Naval Commandant Peloponnos had 3 neighboring villages set on fire and had 149 residents shot to death as a reprisal measure.
. . . . . . . . . . . . . . . . . .
(signed) Military Commander Greece Ic Reg:
No.14.564/44 Secret" On page 28 of the original:
"Captain Loose Ia, Urgent" this is on page 54 of defense counsels books:
Military Commander Greece. Ic 15.
1.44 1.) Military Commander Southeast, Ic, Belgrade
2.) High Command Army Group E, Ic, Saloniki (for information)
Ic Evening Reports of 15.1.1944 Administrative Sub Area Headquarters reports:
on 15.1.44 in Tripolis 10 Communists hanged at the locality of the incident as reprisal measure (see evening report of 14.1.44) .................J (handwritten initial) signed Military Commander Greece Ic Reg:
No. 14.204/44 secret" If your Honors will turn please to page 50, we have a page 29 of the original document book, it has distribution:
"For information: Corps Headquarters LXVIII Infantry Corps.
On the premises:
Quartermaster 1a / War Diary" The LXVIII Infantry Corps at that time was commanded by the defendant Felmy.
It is stamped "secret".
"Military Commander Greece Ia 10.
1.44 1.) Military Commander Southeast Ia Belgrade
2.) High Command Army Group E, Saloniki, (for information) Daily Report 10.
1.44 . . . . . . . . . . . . . . . . . .
b) SS-Police Mountain Jaeger Regiment. 18.
1.) Operation Ktipas Mountains (West of Chalkis) up to now 5 arrests, 1 armed bandit shot to death, 2.) As reprisal for murder of two policemen in Wrasdamites, 50 hostages shot to death.
(signed)Military Commander Greece M(handwritten) Ia No. 10089/44 secret" Major Then we have below:
"For information Captain Loose Ia URGENT Military Commander Greece, Ic 8.1.1944 1.) Military Commander Southeast, Ic, Belgrade
2.) High Command Army Group E, Ic, Saloniki (for information)
Ic Evening Report of 8.1.1944 Senior SS and Police Leader Greece reports execution of 30 Communists on 7.1.44 in reprisal for murder of 1 Evzonen and 3 Gendarmes and 36 attacks since 16.
12.43.
...........................
(signed) Military Commander Greece Ic Reg:
No. 14093/44 Secret" That is on page 55 of defense counsel's books.
Then on page 36 of the original:
"(stamp) SECRET (illeg. Initials) URGENT Military Commander Greece, Ic 17.
12 1.) Military Commander Southeast/Ic Belgrade
2.) High Command Army Group E/Ic Saloniki (for information)
Ic Morning Report 18.12.1943 The Senior SS and Police Leader reports the shooting of 20 hostages in reprisal for Evzones and members of the Greek police and Gendarmerie shot to death or wounded during the period from 27 November to 11 December 1943.
Corresponding publication in the press has been effected.
(signed) Military Commander Greece Ic Reg:
No. 19064/43 Secret Major".On page 37 of the original:
"(stamped) Top Secret (stamped) Draft 1360 43 Top Secret (handwritten) (initials illeg.)
Mar Diary Military Commander Greece Ia 16.
12.43 Military Commander Southeast Ia Priority! Belgrade Reference:
Telephone call first lieutenant Bode of 16.12.43. On 19.11 in the area around Kalawrita the 5/Jaeger Regiment 749 was attacked by bands and most of them taken prisoner. In an operation of our own for the purpose of liberating them we found 78 men murdered and partly mutiliated on 7.12. By reprisal measures of the Jaeger Regiment 749, -- 653 Creek men were shot to death and a number of bandit villages were burnt down. The operation is concluded.
(signed) Military Commander Greece Ia Ref:
No. 3449/43 Top Secret (initial illeg.)
Captain".
On page 38 of the original, stamped "secret":
"Distribution:
For information: Corps Headquarters LXVIII Infantry Corps." That is Felmy:
"On the Premises:
Ic Qu.Ia / War Diary La / Draft Military Commander Greece Section Ia
1.) Military Commander Southeast Ia Belgrade
2.) High Command Army Group E, Saloniki (for information) Daily Report of 15.12.43.
..................
c) During reconnaissance operations on 12 December. In Evangelistria (8 kilometers Southwest Aliartos)detachments of the III./SS Police Mountain Jaeger Regiment 18 received enemy fire. The village was searched and burned down, foreign ammunition was found.
5 Greeks arrested. (illegible initials) (signed) Military Commander Greece Ia No. 13 365/ 43 Secret (illeg.
init.)
(illeg. signature) " We are now on page 53 of your Document Book, Your Honors, and page 56 of the defendants' counsels books.
On page 39 of this original document there is another stamp, secret.
"Military Commander, Greece Ic 10.
12 1.) Military Commander Southeast/Ic, Belgrade,
2.) High Command Army Group E /Ic Saloniki, (for information) Ic - Evening Report 10.
12.1943.
Administrative Sub Area Headquarters 538 reports: on 10. 12.43 as reprisal measures for the murder of Frau Magers (see Ic-Morning Report of 8.12.43) the shooting to death of 10 hostages was carried out . . . . . . .
(signed) Military Commander Greece Ic Reg:
No. 18952/43 secret (illegible signature) signed, Captain."
We now turn to the next document, Your Honors, on page 54 of your Document Book and page 57 of the German defense counsels' books. This is NOKW 654 and is being submitted as Prosecution's Exhibit 438.
This is a series of daily reports, again from the Military Commander Southeast, and it deals with Serbia and Greece in all of those areas under the command of the Military Commander Southeast. This particular document includes the period 29th April to 29th August, 1944, and it pertains again to the execution of communists and hostages in Greece including execution of 200 hostages in retaliation for the killing of General Krech.
I am sorry, Your Honors, no, that is right, that was General Krech. That is NOKW 647, which we will introduce right after this. Both documents as far as this murder is concerned, tie in together.
This is a report marked, "Secret", dated 2 April, 1944, "initials illegible". This is the 6th enclosure, to Army Group F, by courier:
"For information: OKH/Gen Qu. (Dept. Administration) OKW/WFSt (Gen.
Qu.)
2nd Panzer Army /General German/Plenipotentiary in Croatia German General in Albania Commander Syrmien (Serbia only) Fliegerfuehrer Croatia, Zagreb Daily Report of 2.4.1944 Serbia:
Losses: During period of 21.3 to 31.3:
Communists: 622 dead, 55 wounded, 61 prisoners, 30 shot to death as reprisal measure, 129 arrested in Belgrade.
Military Commander Southeast Ia No. 1981/44 secret.
signed von Geitner."
On the next page, your Honors, we have the same report of the Military Commander Southeast, dated the 4th of April, 1944, with the same distribution for information and we have there:
"Military Commander Greece:
"In Trikkala, 4 Communists shot to death as reprisal measure".
"Certified a true copy:
(illegible signature) Military Commander Southeast 2nd Lieutenant". Ia No. 2022/44 secret" signed, "von Geitner".On page 56, your Honors, the same document continues.
This time an entry under the 5 April 1944:
"secret", (handwritten) illegible initials".
For information, same distribution we had previously. "Daily report of 5 April, 1944, Serbia".
"10 Communists shot to death in Krusevac as reprisal measure for reported attacks on the Air Field of Krusevac".
Then on page 9 of the original:
"German General - Plenipotentiary in Albania.
5 communists shot in Valona.
Military Commander Greece.
Operation W Lovadia - 5 enemy casualties, small amount of arms captured, 10 communists shot to death as reprisal measure.
Certified a true copy. Military Commander Southeast (illegible signature) la No. 2054/44 secret.
"1st Lieutenant signed v. Geitner".
MR. RAPP: On page 57, Your Honors. That is page 58 and page 59 respectively, of the German Document Book, we have again a report from the Military Commander Southeast, Felber, to Army Group F bycourier, secret:
For information: OKH/Gen. Qu. (Dept. Administration) OKW/WFST (Gen.
Qu.)
2nd Panzer Army German General - Plenipotentiary in Croatia German General - Plenipotentiary in Albania Commander Syrmien (Serbia only) Fliegerfuehrer Croatia, Zagreb.
Daily Report of 8.4.1944 S e r b i a The 5th communist Division about which only few reports are available is still located with stronger detachments between upper Studenica and upper Moravica.
It has brought forward lesser detachments toward the west in the direction of Stitkovo and north of it.
Intentions: Preparing formation for attack against the 2nd Division from a northwest and southeast direction. The attack will be executed only after the arrival of the 4th Brandenburg Regiment. Details will be reported separately.
Military Commander Greece reports:
In Athens: 50 Communists shot to death for attack on German soldiers (3 dead).
Certified a true copy. Military Commander Southeast (Illegible signature) Ia. No. 2137/44 secret.
1st Lieutenant. Signed von Geitner.
If Your Honors turn to page 58 - this document continues on Pages 59 and 60 of the German Document Book. To Army Group F (by courier); it's an entry in the War Diary under the 9th of April 1944, marked "Secret" and "illegible", with the same informational distribution, and then:
Military Commander Greece:
Subsequent to shooting attack on the Volunteer Police Battalion I while mustering for inspection (4 dead, 11 wounded) in Verria (60 southwest of Saloniki), 150 people suspected of being members of bands were shot to death as reprisal measure.
4 bandits shot to death by the SS Mountain Police Regiment 18, 12 South southeast of Delphi.
Certified a true copy Military Commander Southeast (signature illegible) Ia No. 2165/44 secret.
1st Lieutenant signed von Geitner.
If Your Honors turn to the next page, there is another entry in the War Diary under the 24th of April 1944, the same informational distribution, Enclosure 102, Page 14 of the original: "Independent Administration Sub-Area HQs 1040 Montenegro reports:
5 hostages executed. Military Commander Southeast, Ia. No. 2528/ 44 secret, signed von Geitner; certified a true copy; (signature illegible), 1st Lieutenant."
On the next page, Your Honors, another entry under the 23rd of April Enclosure 107, secret, illegible initial, 23.4.44, to Army Group F (by courier). At that time the defendant von Weichs still headed the Army Group F. And then the usual distribution for formation, and then Daily Report of 25 April 1944, handwritten, and underneath it says, "without wounded", and two exclamation points, and then it says:
S e r b i a :
Enemy losses from 16.3 to 15.4: DM Cetniks - 182 dead, 127 captured. Communists - 1586 dead, 94 captured, 40 shot to death as reprisal measure. 202 Communists arrested in Belgrade.
(handwritten) 309 1820 - 2120 Tito issued orders to the 16th and 17th Divisions to take Banja Basta and Ljuvovija (see Qu.) No further attempts to desert on the part of Red units have been reported.
Below: Military Commander Greece reports:
During a raid in Athens 180 were arrested among them some leading communists.
2 Communists shot to death.
Certified a true copy Military Commander Southeast (signature illegible) Ia No. 2545/44 secret 1st Lieutenant signed von Geitner If Your Honors turn to the next page, we find again a report from the Military Commander Southeast.
Felber, signed by the defendant Geitner, and addressed by courier, to the defendant von Weichs. And for information, again the OKH/Gen. Qu. (Dept. Administration); OKW/WFST (Gen. Qu.); 2nd Panzer Army, at that time still commanded by the Defendant Rendulic; German General - Plenipotentiary in Croatia; German General - Plenipotentiary in Albania; Fliegerfuehrer Croatia, Zagreb; 5th SS Mountain Corps; Commander Syrmien (Serbia only) -Daily Report of 26.4.1944. It went for information to the four mentioned individuals.
DR. LATERNSER: Your Honor, I would like to object to the statements of the Prosecutor, insofar as he stated that this report went to the Defendant von Weichs. The report is directed to Army Group F, and only this can be asserted. And it could, at the moment, he added that at that time Field Marshal von Weichs led this Army Group, but the report didn't actually go directly to him.
MR. RAPP: Very well, Your Honor; we accept the correction from defense counsel, and the information actually went to Army Group F, but it was headed at that time by Defendant Von Weichs.
PRESIDING JUDGE CARTER: All right, you may proceed.
MR. RAPP: "Serbia, III: "A well armed communist band (150), including 14 Englishmen and Americans, coming from New Bulgaria, has joined communist band situation 15 km. south of Leskovac. Page 19 of the original, Military Commander Greece: 12 hostages shot to death in Tripoli. Military Commander Southeast, Ia. No. 2579/44 secret, signed von Geitner, certified a true copy; (signature illegible), 1st Lieutenant." If Your Honors please turn to page 62, and this is also page 62 of the German Document Book, we find another entry in the War Diary of the 30th of April 1944, to Army Group F (by courier), Group F being commanded at that time by Defendant von Weichs:
"For information: OKH/Gen. Qu. (Dept. Administration; OKW/WFST (Gen. Qu.); 2nd Panzer Army", at that time commanded by Defendant Rendulic, "German General - Plenipotentiary in Croatia; German General - Plenipotentiary in Albania; Fliegerfuehrer Croatia, Zagreb; 5th SS Mountain Corps; Commander Syrmien (Serbia only) - Enclosure 144, Daily Report of 30.4.1944." Military Commander Greece reports - that was the Defendant Speidel at that time:
Red munition dump raided in Athens. 3 Communists shot to death. 100 Communists shot to death and a further 200 are to be shot to death on 1.5. as reprisal for attack on motorized vehicle column of the Ordnungs Police for the murder of General Krech and his escort detachment by Greek volunteers.
Certified a true copy Military Commander Southeast (signature illegible) Ia No. 2677/44 secret 1st Lieutenant signed von Geitner.
This Your Honors, concludes Document NOKW-654, which was Prosecution's Exhibit No. 438. The next document, Your Honors, you will find on page 63 of your Document Book; it is No. NOKW-647. It is being offered as Prosecution's Exhibit No. 439. This is a series of reports, Daily Reports - of the Military Commander Greece, to the 68th Corps, at that time commanded by the Defendant Felmy, and the Military Commander Southeast, Felber. "29 April - 29 Aug. 44 Daily reports of Military Commander Greece to LXVIII Corps and Military Commander Southeast re execution of 200 hostages in retaliation for killing of General Krech." We have just seen in the previous document about the murder of this German General Krech. Now, this is page 1 of the original, "No. 217, Secret, Distribution: Corps Headquarters LXVIII Infantry Corps for Information. On the premises:
Quartermaster Ia/K.T.B. (War Diary) (Draft)."
Now, in my document book, Your Honors, the next two paragraphs are marked as not appearing in the German. With Your Honors' permission, I would like to ask defense counsel whether or not this information I have is correct.
The information that was to appear as an entry under the 29th of August 1944; but I'm merely speaking for the record. "Commander Greece Ia, 1) Military Commander Southeast Ia Belgrade; 2) High Command Army Group E, Saloniki for information." Does that appear in the German defense counsel's books? It's on page 63. Dr. Laternser, did you understand the question I was asking defense counsel? Your Honors, we have to read this part from the original document into the record so that German defense counsel can enter that part into their document book. It does, as a matter of fact, not appear in German defense counsel's book - if this is agreeable to Your Honors.
(The Court English-German interpreter reading into the record)
MR. RAPP: Thank you. That's all. I believe the rest of it is in the German Document Book. I continue now:
Daily report Ic/Ia dated 30.8.1944.
a) . . . . .
b) 1.) 28.8 Troops from the Evzon Regiment 1, 11th Air Force Field Division, Motorized Gendarmerie Detachment 40 and SD execute search in Kallithea (Athens).
(4,000 persons checked. 20 Communist functionaries shot to death by the SD. Captured material: 6 pistols, ammunition, some pieces of equipment. No losses on our side.
2.) 28.8. Troops of Motorized Gendarmerie Detachment 40 and SD raid a minor ammunition dump in the city quarter of Platana (Athens). Short skirmish, Enemy losses: 2 dead, 2 prisoners (transferred to SD). Captured material: 1 machine pistol, 15 rifles, 3 pistols, ammunition and hand grenades.
