Your Honors will recall that the XV Mountain Army Corps at this time was subordinate to the 2nd Panzer Army commanded by the defendant Rendulic.
"General situation: Mass of enemy forces in Split area retired before SS Divisions attack toward Dinava, some parts towards the Mosor mountains. The persistent defense of previous days only served for removal of Italian booty. Masses of division 'Bergamo' captured. 300 Italian Officers shot according to Fuehrer decree.
"114th Jaeger Division: Strong enemy forces, probably 6th, 8th and 10th Bosnian Brigade---"
I ask your Honors to note the reference of the Germans to the enemy units, 6th, 8th and 10th Bosnian Brigades.
"--beaten in the area Muc - Ramljane. Due to air interference no further news."
DR. LATERNSER: Your Honor I would just like to ask which page of the document is now being read from.
MR. FENSTERMACHER: This is on page 84 of the German Document Book.
DR. LATERNSER: I have found it. I would like to ask for the correction of a translation on page 84 of the German and 111 of the English Document Book. The German text runs, and I quote, (in German); the translation on page 111 of the English document book reads: "300 Italian officers shot according to Fuehrer decree." End of quotation. I would like to ask for a correction of the translation.
PRESIDING JUDGE BURKE: We will follow the same procedure as we have adopted heretofore.
MR. FENSTERMACHER: I am sending the original document to the interpreters for their version.
DR. LATERNSER: Might I please have the original back in order to show the place.
INTERPRETOR EVAND: The translation of the original German reads: "300 Italian officers are about to be shot after having been sentenced according to summary court martial." "Are about to be shot."
DR. LATERNSER: Your Honor, I am very sorry; I have to object to this translation. "Werden" means in the future; I am very sorry I have to object to this translation, "300 Italian officers will be shot after having been sentenced by summary court martial."
MR. FENSTERMACHER: Does the court interpreter agree with Dr. Laternser's change?
INTERPRETOR EVAND: If it says "warden erschossen werden" it means "about to be shot" and that is also in the future.
DR. LATERNSER: How then should this sentence read in the final version?
INTERPRETOR SCHARF: The original version of the translation should then read, "300 Italian officers, according to Fuehrer Befehl, are about to be shot after having been sentenced by summary court martial."
PRESIDING JUDGE BURKE: We are satisfied with the requirements of the situation. At this point we will take the usual recess until 1:30.
(A recess was taken until 1330 hours.)
AFTERNOON SESSION
THE MARSHAL: The Tribunal is again in session.
THE PRESIDENT: You may proceed, Mr. Fenstermacher.
MR. FENSTERMACHER: May it please The Tribunal, Your Honors will recall prior to the luncheon recess we were considering Document NOKW 053, which is Prosecution Exhibit 393. We were expecially examining the daily report of the 15th Mount Army Headquarters, which is on page 111 of the English and page 84 of the German Document Book. The portion of the 15th Mountain Crops report dealing with the Jaeger and the SS Division Prinz Eugen:
1) Enemy evaded Northern group toward North-West and East. Weak rear continued resistance. Division started attack at 0700 hours, reached town-boarder at 0800 hours and occupied Split at 0900 hours. Captured 300 officers and 9000 Italians. Details on Split not available. Wireless connections interrupted since 0100 hours today. Casualties on 36 September: 7 wounded. 187 registered dead enemies, 6 of them leaders. Strong forces evaded into Moser-Mountains presumably well equipped with Italian guns, endangering future garrison troops at Split. Parts of the 1st Prol. Division block western and northwestern of Imotzki all roads leading to Sinj. Intension: Division follows and beats enemy forces in the Moser-Mountains. Forces: G.R. (mot) 92, 2 Btl. SS, 2 Art. Abt. II/92 ordered towards Dugopolje on 28 September. Concentrated forces join 29 September, action continues until 3 October."
I think we need not read the rest of this report except the reference under 369th Jaeger Divsn, which is in the last portion of pg 111 English, and page 84 of the German:
2) Local partisan activities in the area of Travnik, Kiseljak and Prozor. Position at Visegrad worse. Cetnics received more reinforcements, ostensibly also from Italians. 0900 hrs attack by 400 Cetnics, supported by artillery on Visegrad, repelled. 2 dead, 10 wounded. Casualties of enemy not available. Railroad Sarajewo - Wisegrad interrupted.
Turning next to page 118 of the English, which is page 82 of the German. This particular exhibit is assembled in an unchronological manner and that is why we are skipping from page 111 of the English to page 118, Page 82 of the German. This is the report sent by the 2nd Panzer Army, commanded at this time by the defendant Rendulic, of the same date as the previous report of the 15th Commanding Corps, 28 September 1943. The report on the 2nd Panzer Army was sent to the Plenopentiary General in Croatia, and also to the Military Commander of the Southeast. This is the daily bulletin for 28 September 1943:
3) At the XXI Mountain army corps (Geb. A.K.) over-all situation unchanged. In the district of the WV. Mountain army corps area, Split the enemy avoided the attack of the SS-Div-"Pr.E." by moving in masses in direction of the Dinara mountains, and in parts to the Moser mountains. Parts of the attacking groups are pursuing the enemy. 300 officers and 9000 enlisted men of the division Bergamo have been captured. Treatment according to the Fuehrer's order has been started.
And this reference, if Your Honor please, contained in the report of the Second Panzer Army, commanded at this time by the defendant Rendulic.
I think I need not read further, but pick up the report page 119 of the English, page 83 of the German, the report dealing with the Mountain Army Group and SS Division Prinz Eugen:
4) Partisan groups in the area Split avoided the progressing attack of the attacking force on Split by moving to the northwest and east. In Split resistance has been offered by weak rear-guards only. At 9:00 Split was seized. By small losses, 187 of the enemy were counted killed. The division is pursuing the enemy who escaped to the Mosor-mountains with the Gren.Regt. (mot.) 92, 2 Batl. SS-Div. "Pr.E." and 2 artillery corps. Enemy rear-guards escaping northwest towards the Dinara-mountains have been engaged in battle near Hrvace. Supplyroads leading from Sinj to the east are blocked by partisans.
Turning next to page 112 English, which is on page 86 of the German, we have the Daily Report of the 69th Reserve Corps for 28 September 1943.
That group was commanded at this time by the defendant Dehner. Paragraph I, "Position Unchanged:"
"On the 27 September, 0125 hours, an Army transport train hit on a mine on main line in the East of Ruma. The engine and 7 cars derailed. Both rails of line are blocked for the time being. (already reported). Action Kammerhofer: On 26 September during clearance of Belegie gendarmenie fired on. Arrested 2 armed partisans. One arrested communist official committed suicide. 1 partisan dead, 34 hostages taken. No casualties on our own side."
I direct Your Honors attention to the manner in which the enemy units are described during this period.
"According to the Security Service the Communists divisions 'Wolves' and 'Panthers' have been requested from Bosnia to avenge the action Kammerhofer. In continuing clearance of area the North of the Blankamen Beska road unto the Danube, action resulted in the death of 8 enemies and captured 125 partisan-members. No casualties on our side."
The remainder of the 69th Reserve Corps Report contains for the most part professional and tactical details with which we are not concerned.
Turning next to page 120 of English and page 91 of the German we have the Daily Report of the same 69th Reserve Corps, this time for 4 October 1943. The defendant Dehner still in command of the 69th Reserve Corps:
6) Ia Guerilla warfare situation unchanged. Only one plot against protected railroad sections.
II. 173 Reserve Division
a) Police project Kammerhofer in Save Bulge was continued. The horse-drawn Police battalions hardly had any contact with the enemy. A motorized combat group consisting of 1 Police Armoured Corps, 1 Battery and one Engineer Company of the 173 Reserve Division advanced as far as the Save Loop Kupinskkut (40 kilometers southwest of Belgrade.)
Small gerilla forces fled, taking along wounded and weapons of those killed in the swamp areas. Three gerilla camps destroyed. Own losses: one dead, one seriously wounded. Enemy losses: 31 dead; 47 prisoners. Booty: 1 rifle, one pistol, handgrenades, rifle munition, 2 bicycles, engineer equipment: 11 horses; Sanitary Corps material; considerable quantities of textiles and food.
In Prhovo (18 kilometers southwest of Ruma) Material of escaped guerilla bands safely guarded. After combing Save Bulge at Bechmen (18 kilometers west of Belgrade) country police guards, strength: 1:3; 100 employed."
Under Sub-Para. B of the 69th Reserve Report:
b) As measure of reprisal for assaults on railroads in recent days (refer to daily report of 1 October, figure IIc and daily report of 3 October, figure IIb) a total of 40 hostages were executed on the spot."
c) During night of 2 to 3 October passenger train hit a mine on main track near Grancenica (41 kilometers south-south-west of Bjelovar). Mail car and locomotive derailed. Traffic maintained through boarding other train; steps taken for levy of hostages at Gracenica and surrounding localities.
Continuing on page 122 of the English and, I believe, 93 of the German, under "69th Reserve Motor Transport, 173rd Reserve Division:
"As measure of reprisal for assaults on railroads 40 hostages were executed."
I believe this is on page 93 of the German.
PRESIDING JUDGE BURKE: On what page?
MR. FENSTERMACHER: Page 122 of the English, your Honor, the portion under, "173rd Reserve Division," which your Honors will recall is a subordinate unit of the 69th Reserve Corps Commanded by the defendant Dehner.
"As measure of reprisal for assaults on railroads 40 hostages were executed. Parts of I Don Cossack Regiment I undertook attack against village in 25 kilometers northwest Mitrovica occupied by guerilla bands."
Turning to page 115 of the English, page 88 of the German Document Book, we have a report of the 2nd Panzer Army, dated 4 October 1943. This is an operation reaction report which contains information -for the most part, matters with which we are not particularly concerned.
I call your Honors' attention, however, to the references throughout the report which refer to the size and location and descriptions of enemy units.
Turning next to page 123 of the English, page 93 of the German, Document NOKW-1552 becomes prosecution Exhibit 333. These are various extracts from the daily reports of army headquarters in Berlin, the OKH reports which the OKH compiled after having received various reports from the subordinate units in the field.
The first report is of the 27th of September 1943. Paragraph 3 of the report refers to the Balkans. There is nothing of particular interest for us under "Army Group E" which your Honors will recall at this time was commanded by General Loehr.
Dropping down to paragraph "b) Mainland: Mountain Corps:" We have a reference to events in Greece during this period:
"Corfu is firmly in our hands excepting the mopping up operation necessary in the northern part. On the Island of Ithaka (east of Kefallonia) mopping up operation under way. South of Corea, an enemy ammunition depot destroyed, 50 bandits shot to death."
And the report is signed by Heusinger, who we will note has signed the remainder of the particular reports in this exhibit.
Next on page 124 of the English, page 94 of the German, is the daily report of OKH for the 30th of September, 1943. Again we are only interested in the portion of the report which deals with the activities of the various army units in the Balkans. Under "Serbia":
"The center of band activity continues to be in Southwest Serbia particularly in the area of Uzice. German and Bulgarian security Detachments were disarmed by superior DM bands who subsequently released the soldiers. During local operations, 27DM suspects were arrested and 38 bandits caught carrying weapons. 10 reprisal shootings."
Your Honors will recall that the defendant Geitner was Chief of Staff in Serbia at this time to the Military Commander Southeast and simultaneously Military Commander in Serbia, General Felmy.
Next on page 125 of the English, page 95 of the German, the OKH General Report for the 5th of October 1943, under "Balkans" -"Islands":
"Combat activity on Coo stopped on 4 October, 1315 hours; by evening a total of 600 English and 2500 Italians was captured. Enemy losses have not yet been reported. Own losses; 15 dead, 17 wounded.
"The Italian Commandant of the Island was shot to death. Advance elements of own transport ships have arrived in Piraeus on their way back. Mopping up has started of those elements of the Island Occupation Troops which have fled into the Mountains."
Continuing with the same report, on page 126 of the English, page 96 of the German, there is a portion which deals with the activities of the 22nd Mountain Corps which at this time was operating in the Western or Pyraeus section of Greece and was commanded by the defendant Lanz:
"Operation 'Spaghetti': Eastern combat group has forced enemy to evacuate Tepelea (50 kilometers southeast Valona) western combat group has taken Kuc (20 kilometers southwest Tepeline). Weapons and equipment taken in booty.
"One battalion (100 Jaeger Division) is advancing from Valena to Tepelene. In reprisal for the murder of the Regiment Commander, a village north of Phillipines was destroyed, its inhabitants shot to death."
That, if your Honors' please, is a report of the 22nd Mountain Corps Commanded at this time by the defendant Lanz.
Continuing on page 126 of the English, 96 of the German, the OKH report for the 10th of October, the only portion of the report in which we are interested, deals with the "Balkans " under "Army Group." On page 127 of the English, 97 of the German, is a report of the activities of the 68th Infantry Corps which is a subordinate unit of the Army Group E, operating in Greece, which was commanded at this time by the defendant Felmy:
"In reprisal for band attacks, 100 hostages were seized and several villages destroyed, northeast of Githion. Aracheva (20 kilometers west Levadia) was occupied. During mopping up in area of Melos (elements of 1st Panzer Division) minor enemy resistance.
"395th Administrative area Headquarters (Salonika): Band center on the upper reaches of the Aliakmon River mopped up. Strong, wellarmed band repelled with losses. Five villages, several depots with weapons and supplies destroyed. The Italians employed in this operation have proven themselves."
And then the section of the OKH report dealing with the 2nd Panzer Army which was commanded at this time by the defendant Rendulic under the title of the "2nd Panzer Army: Albania, Montenegro:
"118th Jaeger Division: Mopping up operation against remaining elements of the "Taurinense" Division still under way. One no longer has to count on the appearance of organized Italian units in the area of Kiksic, Risan, Grahove.
"Enemy losses: 400 to 500 dead, 5037 prisoners. Reprisal measures were executed against 18 officers. Captured Material up to now: 2000 rifles, 12 light machine guns, 31 heavy machine guns, 15 trench mortars, 2 guns, 1 anti-tank gun, considerable amount of ammunition and equipment of all kinds. Own losses: 11 dead, 97 wounded, 2 missing."
I direct your Honors' attention to a comparison of the German losses with those reported suffered by the enemy.
Finally, on page 128 of the English, 98 of the German section of the OKH reports under the "2nd Panzer Army," which deals with the activities of the 69th Reserve Corps Commanded at this time by the defendant Dehner:
"100 hostages seized for fire attacks. Two villages burned down. Attacks and acts of sabotage against trains, east of Bjelovar, southeast of Vincevei and railroad station southwest of Virovitica."
Next the report of OKH for the 11th of October 1943 under the only portion of the report in which we are interested: "Balkans, Army Group E, Islands:"
"The operation against Leres and the renewed attack against Sini have been delayed.
"Crete: A mopping up operation south of Rethymen is concluded, 50 bandits shot to death, weapons captured."
And the portion of the report dealing with the activities on the Greek Mainland, the activities particularly of the 68th Army Corps Commanded at this time by the defendant Felmy:
"The mopping up operation in the Helikon Mountains is concluded.
The destruction of the ammunition and supply depot and that of the band villages had deprived the bands of their mobility for the near future. Mopping up operation in the area of Molos was continued, resulting in losses to the enemy and in booty."
And a portion of the report dealing with Serbia where at this time, your Honors will recall, defendant Geitner was Chief of Staff to the Military Command in Serbia, General Felber:
"Communist sabotage against telephone lines, attacks on Communities, live propaganda activity and murder of political enemies. 30 DM reprisal shootings to death."
Finally on page 130 of the English, page 100 of the German, the OKH report for the 18th of October 1943, again we are primarily concerned in the portion of the report dealing with events in Serbia:
"Decreasing band activity. In reprisal for attacks on German border police patrols in the area of Administrative Subarea Headquarters 610 (Sabac) 100 D.M. hostages were shot to death and in Belgrade 150 Communist hostages were shot to death."
The report is signed, as are all the other reports, by Heusinger.
Turning next to page 131 of the English, page 102 of the German, Document NOKW-951 which becomes prosecution Exhibit 334, these are extracts from the War Diary of the 21st Mountain Army Corps for the period from the 1st of November to the 30th of November, 1943 during which time the defendant Leyser was commander of the 21st Mountain Army Corps. Under the section of the report which deals with the activities of the 100th Infantry Division --
DR. GROSSE)(Counsel for defendant Leyser): The prosecutor is mistaken. The defendant von Leyser was at that time not Commander of the Corps which is mentioned here -- Army Corps which is mentioned here.
MR. FENSTERMACHER: Your Honors, I'll prove that in the very next document book.
PRESIDING JUDGE BURKE: You may proceed.
MR. FENSTERMACHER: The question of the report which dealt with the 100 Infantry Division:
"3 of the Communist ring leaders from Elbasan shot to death. All others arrested already marching to Struga. Reprisal measures are being taken against the two Italian colonels."
"(1 and 11a of the 9th Italian Army) captured near '505'" That, if your Honors please, refers to Count III of the Indictment, under paragraph 12.
"Conference of Commanding General with Oberfuehrer Schaefer Major Sattler and Captain Hausding regarding commitment and tasks of the SD. The SD will be at the disposal of the Government at the latters request and on the other hand it will serve Corps Headquarters as a "feeler", however, it will not participate actively in the combatting of bands. Complete agreement is achieved in all questions, good cooperation is assured."
The activities of the SDG become important later on in this case, if your Honors please.
Now, on page 132 of the English, 102 of the German, continuing with the extracts of the War Diary of the 21st Army Mountain Corps:
"The Ia/ Corps Headquarters discusses with the Commander of the 522nd Grenadier Regiment, the execution of the large scale raid in Gross-Razzia in Durazzo and Shijak (operation "Hafenfahrt") intended for 20 November. All arrested Communists are to be sent to Concentration Camp Semlin, all other Italians to be collected in a work camp so as to be available later for labor for the fortification construction staff."
Beginning on page 133 of the English, page 103 of the German, the document which your Honors find there has already been introduced in evidence as Exhibit 318. We ask your Honors to strike it from your document book, and also from the index at the beginning of Document Book 13.
Continuing now on page 136 of the English, page 106 of the German, Document No, NOKW 052, which becomes Prosecution Exhibit 335. This ia a Court No V, Case No. VII.
dailey report of the 2nd Panzer Army dated 26 November 1943, under the 297th Jaeger Division. Your Honors will recall the 2nd Panzer Army at this time was commanded by the defendant, Rendulic:
"During mopping up of the territory northwest of Dedar 16 communists shot to death, 30 Italians taken prisoner. Reprisal measures taken against 6 Italian officers."
Under the portion of the report dealing with the 69th Reserve Corps, at this time the defendant Dehner, the activities of the subordinate unit of the 69th Reserve Corps:
"187th Reserve Division: In the area of Derventa surprise attack by a company of the 6th Mounted Cossack Regiment on 400 bandits in Italian uniforms."
On the last document in Document Book 13, page 137 of the English, 107 of the German, Document NOKW 293, which is offered as Prosecution Exhibit 336---
DR. LATERNSER: Mr. President, may I have a look at this document before it is to be read.
Your Honors, I object to the presentation of this document.
The document bears, first of all, no heading. Second, there is no date; third there is no signature. Thus, I cannot ascertain who made this compilation, and who is responsible for it, and who signs for it. There are all three of the things missing which make up a document. I therefore object to its introduction.
MR. FENSTERMACHER: If your Honors please, this is a captured document and it is now in exactly the same condition in which it was found. Here is a certificate of the Washington Research Analyst who found it, who states this, that he is forwarding to us from Washington 264 page report by Captain Kaiserlich of the German Army and Administrator of occupied territories divided into the sections in Croatia, Bulgaria, Slovakia, Roumania, Italy, Finland and Hungary.
Of the portion of the report which has been forwarded to us, we have used only the section dealing with Croatia. That is the document which is Court No. V, Case No. VII.
in question here now.
PRESIDING JUDGE BURKE: For reasons heretofore assigned by the Tribunal the document will be admitted in evidence for whatever weight, if any, the Tribunal deems it may be worthy.
You may proceed.
MR. FENSTERMACHER: The heading of this report is Croatia, and it will tell exactly what is happening in Croatia from the time of the German occupation of that country until the evacuation of German troops from it, in 1944.
Your Honors will recall that the period in which we are primarily interested at this time is the period during which the defendant Rendulic was Commander of German Troops in Croatia, and as Commander-in-Chief of the 2nd Panzer Army:
"Directly after the beginning of the German campaign against Yugoslavia (6 April 41) Croatia was proclaimed as an independent state (10 April 41) and as such was recognized by German already on 15 April 41.
"The basis of the German military cooperation with Croatia was Croatia's joining the Three Power Pact (15 June 41) and the Anti-Comitern Pact (25 November 41). On 2 July 41 Croatia entered the war actively against the Soviet Union; on 14 December 41, against the Allies.
"Already in 1941 the German Military Attache in Zagreb was appointed German General in Croatia for the unified concentration and representation of the interests of the German Armed Forces in Croatia. This office was later renamed 'German Plenipotentiary General in Croatia.'
"He was subordinated, without prejudice to his relationship of subordination as Military Attache, above all to the Chief of the High Command of the Armed Forces.
"The development of the situation however made it necessary at the end of 1942 to join all the German forces and offices in the Balkans in a unified manner under one person.
Accordingly, the Plenipotentiary General in Zagreb was also subordinated to the Commander in Chief South-East, created by Fuehrer Order 47 of 28 December 42 (from the former Aimed Forces Commander, S.E.). (again with out prejudice to his position as Military Attache)."
"The German Plenipotentiary General had the position of a Commanding General and executed the tasks and exercized the authoritys of a Wehrkreis Commander with regard to all units and offices of the German Armed Forces in the Croatian area.
"The Plenipotentiary General had the following tasks:
(a) To represent the interests of the German Armed Forces to the Croatian government and the Croatian Army Staff and to make valid the requirements for the conduct of the war according to the instructions of the Commander, in Chief South-East; with the Croatian Government. This applied especially, also to German proposals for the subordination of Croatian units and formations under the command of the commander of the German Troops in Croatia.
(see below).
"(b) The Plenipotentiary General had further to guarantee Army Staff with the Croatian the smooth and successful accomplishment of the operational tasks of the Croatian Armed Forces. In the parts of the country occupied by German troops (there was first of all also an Italian zone of occupation, the whole Adriatic Coast) as well as in the area in which German troops operated (bandit combat) appertained especially thereto:
The distribution of the Croatian troops irrespective of the operation and the troop disposition within the operational territory.
"(c) Furthermore the German Plenipotentiary General had used his influence with the Croatian government, so, that the measures necessary for the pacification of the country in the territory of adminitration agreed with the interests of the conduct of war and the tasks transferred to the German occupational troops. The Plenipotentiary General had to place basic demands of this sort, in agreement with the German ambassador whose cooperation he also had to demand, in important military-political and administrative technical affairs.
"(d) Furthermore the Plenipotentiary General directed the new arrangement of the Croatian Armed Forces, representing and according to the orders of the Commander in Chief South East (up till then a special German inspector was installed).
"The Transport Base Hq., at Zagreb, the Croatian Intelligence Office, the Signals Officer of the German Wehrmacht, the War Economy Officer, and the Chief Administrative Office of the Wehrmacht in Croatia were incorporated and disciplinarily subordinated to the Plenipotentiary General for unified observation of the German military interests, without prejudice to their technical subordination. Administrative sub area Headquarters (725) and the Army Reconnaissanee Service Group, as well as the German Liaison Staff with the 2nd Italian Army (Supersloda Command) were further subordinated to him.
"The German troops deployed in Croatia were not subordinated to the German Plenipotentiary General. They were subordinated rather to the:
'Commander of the German troops in Croatia', who was likewise subordinated to the Commander in Chief South East. The Plenipotentiary General and the Commander of the German troops were instructed to cooperate closely.
"The German Navy and Air Force maintained their own offices in Croatia. Like, the German Army, they endeavoured to set up of Croatian units, as well as to recruit Croatian forces for their own units. The Croatian soldier was known from the first World War from the time of the then K.K.
Austrian-Hungarian Army especially for his ability and endurance. The German expectations built up in this war were not fulfilled.
That was not founded on human material, but had political causes.
(a) In the formation of the Croatian state extensive consideration had to be taken for the Italian points of view.
(b) In the establishing of borders for the new Croatia, the borders of nationality were not taken into consideration. Instead of restricting Croatia to the part of Yugoslavia overwhelmingly settled with Croatian population, further parts of the Serbian territory, especially Syrmia, were incorporated into the new Croatia. Through this, not only conflicts of nationality resulted, but religious conflicts especially resulted, which were arbitrated also wehemently in the Balkans. The overwhelming Roman Catholic Croatians carried on a sharp battle against the Pravoslavs. Between both groups stood the Mohammedans, especially numerous in Bosnia.
German military offices especially the Commander in Chief South East, the Plenipotentiary General in Zagreb, and the Commanding General in Serbia, attempted repeatedly to justify the settling of the border in a solution more just to the Serbian interests. That was, however, refused by the Fuehrer. Except for the Croatian government, the German Ambassador in Zagreb (SA Obergruppenfuehrer Kasche) was the most vehement opponent to another solution.
(c) Instead of building up Croatia with the Farmers' Party (Dr. Matschek) predominating in the country, a dictatorship was drawn up with the emigrant group from Italy, of Dr. Ante Pavelitch, which had probably only an estimated five percent of followers in the country. The Farmers' Party was not unsympathetic to the German entry.
(d) The Croatian population which after 1919, after its incorporation into Yugoslavia, had carried on a fervent national struggle against Belgrade, had conducted a battle of somewhat passive resistance in the Yugoslav Army. By this, some of the previous Croatian soldierly virtues were killed off.
After the creation of the "Military Commander, South East", according to the Fuehrer Order 48 of 26 July 43 (see the work "The Army and the Occupied Territories") the German Plenipotentiary General was subordinated to the Military Commander, South East, since the Commander in Chief, South East, was to be made completely free for his coming combat missions.
MR. FENSTERMACHER: And, if Your Honors will note in the chart, you will see how we have indicated that subordination.
"So far as executive power was to be exercised in Croatia, in the territories occupied by German troops, because of the failure of the Croatian government to act, it was now exercized for the Military Commander, South East, by the Commander of the German troops in Croatia.
An "affirmative attitude of all German offices toward the Croatian state" was once more demanded by order of the Fuehrer through the Order of the High Command of the Armed Forces of 7 September 43, concerning the point of view of all responsible German Military offices in the Balkans and referred accordingly to the fact that concerning this, only the Ustachi regime of the Poglavnik (Dr. Pavelitch) would come into question. But in the meantime, however, the other political establishments in Croatia were no longer prepared to cooperate with Germany. They had either decided in favour of the Bolshevist tendency (TITO) or for the Allies.
The idea of a German military administration in Croatia for pacification of the country was discarded by the German political leadership in consideration of the Ustachi regime.
(In contrast to the attitude of the German ambassador in Zagreb (Kasche) the Political Special Plenipotentiary of the Reich for the Balkans (Dr. Neubacher) agreed especially also in Croatia with the demands of the responsible German commanders in the Balkans after a revision of the German political course. He, however, was not successful.
MR. FENSTERMACHER: And that, if Your Honors please, completes the presentation of the documents in Document Book No. 13. Mr. Rapp will continue with the presentation of the documents in Document Book No. 14.
DR. SAUTER: Your Honor, Dr. Sauter for the defendants Lanz and von Geitner. I think it is a matter of principle how far a document like the previous one can be admitted. The Tribunal has ruled that this document is admissible; however, I'd like to point out that we of the defense have, so far, not heard of the date this document, who it is addressed to, and, above all, where it originates. From the index I can see -- the index which is on the first page of the Document Book 13 -- that in the last number there it says it's a report of Captain Cartillieri, that is page 3 of the index. Irrespective of whether this document which has just been read has a special meaning or is of special importance or not, in my opinion it is the certain duty of the Prosecution to tell us who the author of this is. The Prosecution must know that, for the index shows that a certain Captain Cartillieri is allegedly the author of this document. And I am of the opinion that in the future, as well as concerning this document, it is necessary that the Prosecution tell the Tribunal, as well as the defense, who is the author of such a document. This is a question which will probably come up again in other similar reports which probably will be more important concerning other documents, and, therefore it has to be clarified somehow.
MR. FENSTERMACHER: If Your Honor please, I think the Prosecution has already given to the defense and to the Tribunal all the information which it has concerning this document. We received it from Washington with a certificate of a research analyst in Washington, stating that it was part of a 260-page report by Captain Cartillieri of the German Army on the administration of the occupied territories. That is all tho information we of the Prosecution have on it.
PRESIDING JUDGE BURKE: I think the ruling heretofore made by the Tribunal in respect to this type of document will still hold good in the present instance.