I myself believe it is more valuable to retain the high reputation of the German Wehrmacht here instead of burdening it with compulsory measures.
In addition the effect of compulsory measures can not be foreseen. It is to be feared that partisan and sabotage matters ill increase considerably in the rest of Norway to which the Corps will withdraw. Exactly these elements which have been evacuated by compulsion offer themselves for this work. On the other hand it may be advantageous if the German Wehrmacht continues its beneficial attitude toward the population until the end. It will soon become common knowledge that the Russians employ the population to compulsory labor in the territory occupied by them. With some clever propaganda we might be successful in bringing closer to us the population in the rest of Norway by exactly this procedure.
Finally I wish to state that Sturmbannfuehrer Baberske, the German Political Advisor of the Fylkesmann, who is there by order of the Reichs Commissar shares these objections.
(signed)
(illegible)
DR. FRITSCH: Your Honors, there is a certificate contained in this document, a certificate of somebody called, "Rolf Schnyder". According to my knowledge Mr. Schnyder is a member of this division. In this certificate it is certified that it is a true and correct photo copy, and that the original is in Oslo.
I think it my duty to clarify this question, because I do believe that Herr Schnyder as a member of the local prosecution, is not allowed to issue a certificate of this kind.
MR. RAPP: Your Honor, all individuals in the office Chief of Counsel of War Crimes are members of the prosecution staff. There is no independent individual, with the exception of those individuals under the Secretary General, who are not members of General Taylor's staff, and as such, serve as part of the prosecution. I believe, therefore, that the objection of the defense counsel to this particular certificate is rather irrelevant.
PRESIDENT WENNERSTRUM: May I inquire as to where the certificate is in this document book to which reference has been made.
(Mr. Rapp handed the document to the Tribunal)
PRESIDENT WENNERSTRUM: The Tribunal will give consideration to the objection just made, and during the recess period will study the matter further, and will make the necessary ruling when we reconvene after our noon recess.
The Tribunal will be in recess at this time until one-thirty this afternoon.
Court No. V, Case No. VII.
AFTERNOON SESSION (The hearing reconvened at 1330 hours.)
PRESIDENT WENNERSTRUM: The question before the Tribunal at the time of adjournment was to certain of these exhibits, and the Tribunal is of the opinion that until they have met the requirements as set out by Ordinance 7, Article 7, that they should not be admitted.
That particular article and section is very liberal, add it should not have been difficult to have covered that requirement as set out therein.
That indicates the attitude and the rulings of the Tribunal.
MR. RAPP: Your Honors, may I just point something out to the Tribunal, not in any kind of reflection as to the ruling the Tribunal has handed out, but merely in the nature that I believe there is possibly a misunderstanding on the cart of defense counsel.
The documents referred to as certified by this individual are in the original here, right in Nurnberg. They were brought to us as originals from Oslo, Norway. They were then photostated, and returned to the Norwegians for their archives. The individual certifying merely states that he has compared the photostatic copy to the original.
I believe that defense counsel was inquiring about that one particular point and we have the originals of these documents right here.
PRESIDENT WENNERSTRUM: There is no question raised as to that part, - that phase, but it is as to the manner of the certification, and as to the jurat, or the swearing. There is nothing of that nature attached to the document.
MR. RAPP: Very well, your Honor.
Your Honors will recall that prior to offering this Document Book 23, I made the statement, which possibly escaped your Honors' attention, saying that we have a covering affidavit from the Norwegian government, for all of these documents, and that I will submit this particular affidavit at the end of my presentation.
I believe that I have made this or a similar remark at the beginning of cutting these documents in.
We have this affidavit before us, and if your Honors wish, we could put that in at this time.
PRESIDENT WENNERSTRUM: It is not for the Tribunal to say what you should or should not do. If you care to put it in, you may do so. We will rule on it as we see fit.
MR. RAPP: All right, your Honor. Then we will submit this affidavit at this time. We were not prepared to make sufficient copies of it to o all around to defense counsel, and use it as an individual document, so with your Honors' permission, I would like to mark this for identification, and after the 24-hour period has elapsed, I will see to it that the necessary copies as required will be furnished to all concerned.
I would like to submit this, Your Honor, for identification as No. 155-A.
If your Honors now please, turning to Document Book 23, page 17, this is being offered as Prosecution Exhibit 516. This is in the nature of an official report from the -
PRESIDENT WENNERSTRUM: This is Norway 5?
MR. RAPP; Norway 5, that is correct, your Honor.
Ihis is in the nature of an official report, -
DR. FRISCH: I beg your pardon if I have misunderstood the decision of the Court. Just before the interval, before the recess, my objection to the certificate had not been decided on. It was the certificate referring to the preceding document, that was Norway No. 4.
I pointed out to the Tribunal that there was a certificate on the part of Mr. Schnyder. I believe I do not nave to repeat my argument. The Tribunal had promised the decision concerning this particular case.
PRESIDENT WENNERSTRUM: You may continue with your remarks.
DR. FRISCH: Your Honor, I had pointed out that in this document, Norway No. 4, Exhibit No. --- I don't remember it, -- it is 514, it is a certificate of a member of the prosecution staff, Mr. Schnyder. In this certificate it is certified that it is a correct photostat and that the original document is in Oslo.
THE PRESIDENT: As to this particular objection the same will be overruled.
DR. FRITSCH: Your Honor, in this case perhaps I haven't expressed myself correctly. May I in this case ask whether Herr Schneider did actually see the original document in Oslo, and on account of his actual inspection of the document decided to certify it?
THE PRESIDENT: He certifies to the fact that it is a copy of the original - of a document filed in German archives.
DR. FRITSCH: Yes, and in my opinion it says at the end of the document that the original document is in Oslo.
THE PRESIDENT: Well, it makes no difference where the document is if he certifies that it is the original -- a copy of the original. The objection will be overruled.
MR. RAPP: If Your Honors permit, now, we turn to Page 17 in Document Book 23, Page 19 in the German Document Book. This particular document are excerpts from an official report of the Norwegian War Crimes Commission, dated the 20th of April 1945. That is at a time when Norway was not yet liberated, and it states as follows: "The City Engineer of Hammerfest: The devastation of Hammerfest after the compulsory evacuation of the population at the beginning of the month of November 1944. On Sunday 29 October it was proclaimed that 'the population of Finnmark was to be compulsorily evacuated immediately.' The first district of Hammerfest to be evacuated was FuglenesStorelven at the latest Monday, 30 October , 1200 hours. On Monday 30 October I called on the then Island Command Major Gaedke, who simultaneously was Evacuation Commissar."
DR. FRITSCH: Your Honor, I would suggest that regarding the question which we talked about, that Mr. Rapp should explain and state whether he wants to use this document only for identification or for evidence.
MR. RAPP: May I be permitted to answer this question, Your Honor?
THE PRESIDENT: Yes.
MR. RAPP: This document we submit as evidence. It's an official report from the Norwegian War Crimes Commission. It's not in the nature of an affidavit and, as such, is admissible under the rules of the ordnance. And it was, as a matter of fact, written at the time when Norway was still occupied. I believe that the ruling of one Tribunal this morning pertained only to affidavits. This is not an affidavit but a report.
DR. FRITSCH: Your Honor, in that case I protest. I object against submission of this document. It is a report of some kind of local engineer, and it does not became evidence from the fact that it is an official government report.
THE PRESIDENT: Is there any certificate showing as to ...
MR. RAPP: Yes, that particular certificate is covered in the certificate I have just submitted for identification, made out by Colonel Follestad. In other words, this report was one of many reports submitted to the Norwegian War Crimes Commission and the Attorney General's office, from which they were inturn made a complete report.
THE PRESIDENT: Now is this admissible until your certificate can be received properly?
MR. RAPP: Your Honors, we believe that under the rules an official report of any nature by a War Crimes Commission or members thereof are admissible in evidence.
THE PRESIDENT: Yes, but we do not have that certificate.
MR. RAPP: Very well; then we offer this for identification for the time being, but not on the reasons as set out by defense counsel.
THE PRESIDENT: Well, that's all right, but it's not acceptable in its present form, and not without a certificate showing as to its authenticity.
MR. DENNEY: Excuse us for a moment, Your Honors.
MR. RAPP: If Your Honors permit, we were just trying to find out from defense counsel whether or not they would waive the twentyfour hour rule, but they want to find out whether or not the certificate was official; so we are trying to get them a translation of this certificate. So, if Your Honors permit, I shall take the liberty to go to those documents now about which there seems to be no argument. And the first one I'd like to submit as such is the Norway No. 8. It will be offered as Prosecution 's Exhibit No. 517, and if I may call Your Honors' attention to the fact that Norway 5 should now be designated "For identification only" and be called 516.a. This Norway No. 8, which is 517, Your Honors will find on Page 28. This is a report stamped secret, Divisional Combat Post, 4th of January 1945, 230th Infantry Division. It's in German on Page 30. Ic No. 42/45 Secret.
"To the Command Army Unit Narvik Subject:
Evacuation. Counter propaganda Reference:
Your teletype Ic No. 1469/44 Secret of 31 December 44.
Innumerable German women and children have died painfully up to now in burning cellars and under the ruins of their houses because of the air terror started by the Anglo-Americans. The American terror filers boast of their cruelties calling themselves "Block Busters" and "Murder Incorporated". The neutral press avoids making charges against the English and the Americans for that. However, it picks out the fact of the evacuation of North Norway and of North Finnland in order to incite against methods of German warfare in the worst way.
To the German Mountain Army situated in North Finnland and North Norway Finnland's treason on 3 September 1944 lost the natural supply road across the Baltic and Finnland.
That is why the Mountain Army had to be led back. Finnland and a part of North Norway had to be evacuated, that was a military necessity. It was a matter of withdrawing an entire army so as to avoid its encirclement. Toward the end of October 1944 the Bolsheviks invaded Norwegian territory and occupied Kirkenes. The Norwegian population which by and large had shown itself loyal and more than that even helpful and obliging toward the Germans during the four years of occupation had to be preserved from the grasp of Bolshevism. The procedure of the Bolshevists in Rumania, Bulgaria, Poland, Finnland, Estonia and Lettland shows what kind of fate the Bolsheviks had in store for the Norwegian population also. They would have employed the Norwegians ruthlessly and brutally for their own purposes. They would have killed all Germanophile Norwegians, raped the Women and brought starvation to the country.
In order to safeguard the German March movements the Soviets had to be prevented in the course of their advance from finding billets and working forces available which might be employed in combat against the Germans. Cases of espionage participated in by individual Norwegians, who had remained in the Finnmarks show that the Bolshevik would have found supporters also in the indigenous population. North Norway and North Finnland were evacuated for this reason and all residences and installations were destroyed.
A large part of the sensible Norwegian population gladly and willingly followed the call of the German government in October 1944 to evacuate voluntarily.
THE PRESIDENT: Just a minute, please. Did you mean to read that "German Government"?
MR. RAPP: "The call of the" Norwegian Government in October, 1944."
THE PRESIDENT: You read it "German."
MR. RAPP: I'm sorry, Your Honor; it should be "Norwegian."
"Thus cities like Hammerrest and Honningsvaag could be evacuated mainly voluntarily. The following urgent telegram signed by the Norwegian minister Lippestad and the Norwegian Chief of Evacuation Berg was sent to all chiefs of Police (Lensmaenner) in West Finnmark.
"You are herewith ordered to compulsory evacuate the population within your district. Publicize this by posters and via all telephone stations and contact the German authorities for immediate initiation of the compulsory evacuation which has been ordered by the German authorities. Inform us immediately by wire, particularly whether additional transport is required".
On 1 November 1944 red colored eye fetching posters and while leaflets were distributed containing a proclamation of the Commander in Chief of the German Troops in North Finnland and North Norway and of the Reichs Commissar for occupied Norwegian territories. It stated that all Norwegians again were requested to follow the orders of the evacuation authorities and to move off towards south. The end of this proclamation reads as follows:
"Any person not obeying this order exposes himself and his family by his own fault without possibilities for shelter and food to the perils of the Northern winter."
The contents of this proclamation have become known to all Norwegians in North Norway. All Norwegians of good will had the possibility of evacuating to the south.
The English radio broadcast a proclamation to the Norwegian population in the Norwegian language not to follow the orders of the evacuation authorities but to move off into inaccessible side valleys.
Unfortunately there were a number of Norwegians who fulfilled this demands with their women and children.
As far as the German Command was concerned it could have left the Norwegians to their fate. No doubt they all would have perished in the mountain. But in order to help these misled people and to preserve them from certain death the German Wehrmacht employed patrols to comb through Fjalls and Fjords to pick up Norwegians there who were full of gratitude to their last hour saviours. This for instance, 212 Norwegians were found during a search operation of a Mountain Jaeger Regiment in the area west of the road Lakselv-Kistrand on 5-7 December 1944 in the area north of Kistrand and Repparfjord. These rescue operations were carried on by the Wehrnacht at a time when the Wehrmacht itself had to accomplish marches of an extraordinary extent. If at present some individual Norwegians still keep hidden in the caves they alone are responsible for their miseries.
The Lapplanders through their leaders had been informed by the German Wehrmacht that they should move off to the west with their reindeer herds. The Lapplanders were promised an ample reward for every reinder they would drive across the road SkibothSlilastua. At first the Lapplanders accepted this offer particularly because the German Wehrmacht assured them of special protection for their reindeer herds.
If not withstanding the mass of Lapplanders with their reindeer herds did not move off it is obvious that they acted that way because enemy agents had misled them and caused them not to carry out their intention. Neither Lapplanders nor Norwegians have ever been told by the Germans that they would be shot to death if they did not evacuate.
The evacuation of the territory evacuated by the Wehrmacht and the complete destruction of all roads, billets, transportation and food stores prevents the Bolsheviks from a thrust into North Norway. That produces a great disappointment to the Soviets, their planned continued march will have to be delayed for the time being. That is why they agitate against the evacuation of North Finnland and North Norway and why they are trying to incite the neutral countries on this issue. And for all that it was Stalin who during the withdrawal of the Russian troops in 1941 for the first time caused the Russian population to evacuate and all residences to be destroyed.
Because Germany is fighting this struggle for her existence she must reply to the Russian methods of warfare with the same means unless she wants to lose.
During the evacuation all Norwegians were treated decently. The German soldier knightly has assisted all Norwegians requiring his help find thus he helped to mitigate to a great extent the emergency produced by the evacuation. In individual cases he has shared his rations with Norwegians and he helped the halt and the women loading their baggage.
The population was evacuated by means of ships or motor trucks. All available shipping space was mobilized. Inorder to cite one example: two large transports with about 1500 Norwegians each left for Tromsoe in the first half of November from Billefjord and Hamnbugt in the Porsangerfjord. The space put at the disposal of the Norwegians was intended for transportation of German Wehrmacht, goods. All German motor vehicles -- as far as space permitted - took along Norwegians. The young Norwegian capable of marching was permitted to go along on the ship or the motor vehicle only in order not to separate him from his family.
For this the German soldier managed long stretches on foot and had to spend the night outdoors.
If it did happen that in individual cases single family members were separated from their families the Germans did everything in their power to reunite the family.
German Wehrmacht doctors cared for the civilian population while en route and in the interim billets. The troops themselves furnished sufficient rations and established the billets.
And all these measures were carried out at a time during which the Germans themselves carried out one of the most difficult march movements.
In as far as Norwegians had to leave their personal property behind measures were taken to compensate them. As far as the transport situation permitted the rest of the entire Norwegian possessions particularly household equipment, clothing, fishing equipment, stoves, lighting fixtures were salvaged and evacuated.
(initials)
VaAw (signature) .emberg.
MR. RAPP: The next document, Your Honors, Norway No. 9, we offer for identification only, as 518-a, and we then turn to page 60, Norway 10 which is offered as Prosecution's Exhibit No. 519. This is the proclamation to the population of Noway, published by the Reichs Commissar for the Occupied Norwegian Territories, Terboven, and also by the Defendant Rendulic, at that time Commander in Chief of the 20th Mountain Army: "TO THE POPULATION: The evacuation of a part of north Norway has been rendered a military necessity as a result of the treachery of a Finnish Government clique."
THE PRESIDENT: Page 60?
MR. RAPP: That is on page 60, Your Honor--Page six zero.
THE PRESIDENT: The document Norway Do. 10?
MR. RAPP: That's correct, Your Honor.
"The evacuation necessitates the removal of the civilian population as the enemy has proved that, in those territories occupied by him, he ruthlessly and brutally forces the civilian population to give him active assistance in achieving his aims.
This means that no shelter or means of existence of any kind can be left to the Bolshevik enemy in the fighting zone. All such installations as housing accommodation, transport facilities and food stocks must be destroyed or removed.
THE POPULATION IN THESE DISTRICTS WILL THEREFORE BE DEPRIVED OF THE BASIS FOR THEIR EXISTENCE, SO THAT IN ORDER TO BE ABLE TO SURVIVE, THEY MUST EVACUATE TO THOSE NORWEGIAN TERRITORIES WHICH ARE STILL PROTECTED BY THE GERMAN WEHRMACHT.
* * * * * * * * *
HE WHO DOES NOT COMPLY WITH THESE UNEQUIVOCAL INSTRUCTIONS EXPOSES HIMSELF AND HIS FAMILY TO POSSIBLE DEATH IN THE ARCTIC WINTER WITHOUT HOUSE OR FOOD."
The next document, Your Honors, is Norway Norway No. 11, and we will mark this for identification, 520-A; Norway No. 12 will be 521-A, and then Norway No. 13, which Your Honors will find on page 89.
Norway No. 13 on page 89, page 83 in the German document hook. It is being submitted as Prosecution's Exhibit No. 522. This, Your Honors, is an Order of the Day, signed in his own handwriting by the Defendant Rendulic, and it reads:
"The Commander-in-Chief 20th Mountain Army Army Headquarters and Armed Forces Commander Norway 18 December 1944 As of today I assure the supreme command over all troops hitherto under High Command Norway.
I welcome at this occasion all Command authorities and Troops Units of the other parts of the Armed Forces employed in the Norway Theater, In the coming year of decision I expect smooth cooperation of all Command authorities and Offices.
Our common take serves only one goal: To help the work of our Fuehrer toward final victory.
Long live the Fuehrer Signed RENDULIC COLONEL GENERAL AND ARMED FORCES COMMANDER NORWAY."
If your Honors please, there is still Norway 6, Document Norway 6. We submit this for identification only. Norway 6. That 523-A. And then Norway 7 we submit in evidence as Exhibit 524. Your Honors will find this on page 27 of the document book. I believe it is on page 29 of the German document book. It is: Command Post 19 December 1944 Office APO No. 02192 Subject:
Evacuation of the area West Bank Lyngonfjord.
Pursuant to the application by the Norwegian evacuation Chief in Lyngon Major Ress the time limit for the end of the evacuation is extended from 21 December 1944 to 10 January 1945 For the Office of APO No. 02192 By order (signature) Grothe Major G S C I believe, your Honor, this will conclude Document Book 23 but for the submission of the additional proof required by the Tribunal and after the elapsing of the 24-hour period tomorrow we shall come back to that.
There is one additional certificate, your Honor, which we would like to submit at this time for identification only, in order to got the 24 hour time limit in.
It pertains particularly to document No. 9 and I am sure we will talk about that some more tomorrow. So for the time being, if your Honor permit, we will call this particular certificate for identification, 525-A. If your Honors please, we request the Court to instruct the Marshal to summon the witness Arne Dahl.
THE PRESIDENT: The Marshal is directed to present the witness named to the Tribunal.
Does the witness speak English?
MR. RAPP: The witness does speak English, your Honor, but there may be occasionally a word which he told me he may not know, so we also would like if your Honors please to swear in the official Norwegian interpreter in cases of emergency.
THE PRESIDENT: The interpreter will raise his right hand and be sworn.
I do solemnly swear that I will perform my duties as interpreter before, this Tribunal according to the best of my ability and skill.
(The Interpreter repeated the oath.)
ARNE DAHL, a witness, took the stand and testified as follows:
BY THE PRESIDENT:
Q. The witness will raise his right hand to be sworn. You do solemnly swear that the testimony you will give before this Tribunal will be the truth, the whole truth, and nothing but the truth so help you God.
(The witness repeated the oath.)
You may be seated.
DIRECT EXAMINATION BY MR. RAPP:
Q. Witness, would you please give your full name?
A. My full name is Arno Dagfin Dahl.
Q. Witness, how long have you been in the Norwegian army?
A. I have been in the Norwegian army since 1915.
Q. Have you been active since that time?
A. Yes, I am a regular officer from 1915 and I have been active since,
Q. What is your present rank, witness?
A. My present rank is a major general.
Q. And how old are you, witness?
A. I am 53 years of age.
Q. Could you state for us shortly your military career, please?
A. I was promoted to Lieutenant Colonel in 1938, a Colonel in 144 and a Major General in 1945. I have been commanding officer of the Military College of Oslo, aide-de-camp to the King of Norwar, and commanding officer of the Western Finnmark district since the 1st of January, 1938.
After that, after war broke out in Norwar, I took part in the fighting up in North Norway and had the command of a battalion and then a brigade. Later on, I got over to Great Britain from Norway in 1940 where I commanded the Norwegian troops in Scotland. I got to Schtland in 1940 and commanded the Norwegian troops there. In 1941 I was appointed head of a military mission to the United States and Canada where I stayed until 1943 when I went back to England and in 1944 was appointed head of a military mission to Russia. In 1945, as I said, I was appointed a Major General and am now commanding the Northern District of Norway which is about one-third of Norway.
Q. Witness, where were you located when the Norwegian resistance collapsed?
A. When the Norwegian resistance collapsed, I was not very far from Narvik in the mountains near the Swedish border.
Q. And you said after that you went to England, you escaped so to speak.
A. Yes, we demobilized our army and I went to England by boat.
Q. Did you have to sign any paper, parole or oath not to fight against the German armed forces?
A. No.
Q. Witness, when was the first time after your escape to England that you re-entered Norwegian territory?
A. I re-entered Norwegian territory on the 10th of November, 1944 after having come to Murmansk on the 6th of November.
Q. What was your mission at that time? What did you do?
A. My mission was to cooperate with the Russian forces and at the same time to have command of the Norwegian troops being sent to Finnmark. Besides, I had the mission to reinstall Norwegian authorities in re-occupied territories. For that reason, my mission also consisted of representatives of the different Norwegian government branches such as social affairs, justice and police, finance, information, and so on.
Q. Now how did these troops, these Norwegian troops that you speak of -- how did they get into Finnmark?
A They got to Finnmark in the same way as I did and the mission, by sea from Great Britain. The Norwegian forces to start with were merely a taken force. We had very small forces in Scotland or in Great Britain and it was taken aboard a convoy and came to Murmansk on the 5th of November.
Q Now you say, witness, that you landed and these troops landed in Murmansk. What was the reason that they had to go so far cast when they wanted to go into Norway?
A Well, there were several reasons for that. The first reason perhaps to get into cooperation with our Russian Allies by the way, secondly that it was very difficult to land anywhere in North Norway at that time because of the destruction.
Q Did the Germans in these days command the Coast area?
A Yes, I think I might say so, not all of it but most of it.
Q Witness, did you actually engage the Germans up there in Finnmark?
A No, I can't say so. When we took over from the Russians, which was by the end of November, the German troops had already got such an advance that we did not get into touch with German troops until about the beginning of February and that was only a patrol skirmish. No had some small engagements later on in Western Finnmark but nothing very much.
Q Now, witness, when you arrived up there in Murmansk and you got in touch with the Russians, were you told at that time what intentions they had in reference to the German forces up there?
A I was not give any definite plan but I got to know that the Karelian Army under General Retneskop had been sent south, the most part of it, south to the main theater in the Baltic, but as comparatively a small force was left in North Norway and I had not been there a very long time until I understood that it was not the Russian intention to follow the German forces. When we got to Norway, the eastern part of eastern Finnmark, the most forward patrols of the Russian army were on the Tana River.