Those are references to that same incident in Exhibit 111 in Book III, page 99 of the German, page 146 of the English.
On Page 148, daily report of the 24th of October, the figure appears as 142 on your Honors' English copy of Document Book III, Exhibit 111 in evidence, U. S. or English copy 149, and page 101 of the German. That figure appears as 42 instead of 142.
THE PRESIDENT: Just a moment, please. We have a little mechanical trouble that has come up.
(There was a short pause.)
THE PRESIDENT: You may proceed.
MR. DENNY: Thank you, your Honors. Referring again to page 148 of English Document Book V, which is - excuse me, your Honor, I passed on over and neglected to mark this section of these reports NOKW-1380as Exhibit 129. That starts at page 92 of the German, for the benefit of German counsel.
THE PRESIDENT: What page on the English, please?
MR. DENNY: It starts at page 143 of the English, your Honor. It is the beginning of these reports of the Wehrmacht Commander Southeast from the 164th Infantry Division, and the first report is the one dated 30 September. That will be 129 in evidence.
Returning to page 148 of Document Book V, Exhibit 129, in the daily report here, the male inhabitants of the villages of Mesevunos and Selli are listed as 142 here. I checked that with the German original of this communication and also with the original of the copy which was presented as part of Exhibit 111 and in the English text at page 149, Document Book III, where there appears the copy which was retained in one of the offices of the 164th Infantry Division, the figure appears as 42. It should be 142, the same as is here. And this is the identical report to the one that was offered before.
On Page 149 of the English, the next page of the German, the recitation with reference to the 25th of October, the male population between 16 and 60, 67 persons shot. Women and children transferred. That also appears at 101 of the German, and 149 of the English, Exhibit 111 in Document Book III.
We now come to the document which is to be inserted, which is NOKW-1056, and these are further reports to the Wehrmacht Commander Southeast from the Commander Saloniki. It is Document NOKW-1056 which we offer as Exhibit 130 and ask that it be given pagination starting with 150a and continuing to 150p, "A" as for Abel and "P" for Peter.
11 copies for defense counsel in German, 1 copy of English and 1 copy of German for the reporters and interpreters, and the German pages, I believe Dr. Laternser, will start out as 98a and continue through 98g. Page 150 we can pass. It is just the heading of this document.
Then page 150b, the message of 29 July, paragraph 4:
"Sonderkommando Rosenberg starts Eisatzaktion against the Jews."
Turning then to 150c. The entry in there, note 4, report of August 11:
"Checking the Greek prefectures for newly employed personnel, in particular, former Greek officers. Installation of a concentration camp together with the Greek Governor for the purpose of receiving elements inimical to the axis."
Then at 150d, the report of 23 September contains a note:
"About 20 hostages siezed."
150e reports for the period of 29 to 30 of September:
"During mopping up action of the mobile column near the place of attack on Wehrmacht trucks, 22 men, some while attempting to escape, some while offering resistance were shot to death and some houses were burned.
150 f the report for 3 October, note 2.
"Near Poligires (Kalkidiki) 5 English prisoners of war and 4 Greeks trying to get to Asia Minor have been seized.
From prisoner of war Air Transport, 27 Englishment broke out. 2 shot to death, 1 heavily wounded. Search operations was started during which weapons were found. 1 Greek shot to death. Houses of owners of arms burned.
In a report of 8 October starting at 150g and continuing over to 150h:
"Operation for search of arms South of Dojran Lake - 11 persons shot to death, 16 houses burned" Starting at 150h and continuing over to 150i, the indent with reference to the two villages of Ano-Korzilion and Kato-Korzilion are set forth and in this report here it says 202 shot to death and that is the number that was actually transmitted by the Commander, although the prior reference is 207; so, some place en route it was changed from 207 to 202.
This same information is on page 147 in this same book, Exhibit 129, and it is also in page 146 in the English and 99 in the German in Exhibit 111, Document Book III.
Then passing to 150j, communication of the 21 October still from the Commander Saloniki-Aegean to the Wehrmacht Commander Southeast:
"Of the Russians who had parachuted on the 6 October, one each was shot on the Struma River on 17 and on 19 of October. Nothing is known as yet regarding the other three escaped parachutists.
Then they go back to the 17 and recite the action again concerning Ano and Kato Korzilion and now the total has risen to 215 men.
In the note of the 20 October, "As preliminary reprisal measure, 10 insurgents hanged in public in Kato-Kastron."
In turning to 150(1) note of 24 October, the figures for the two villages Northeast of Ptolemais, the same figures and same report that appears on page 148, Exhibit 129.
Page 150m, communication 23 of October:
"In Dafni, 2 men shot to death while attempting to hide arms, in Sitochori, 2 men shot to death for belonging to bands and the houses of people concerned burned down.
"Also Zerovohori the houses of 9 confirmed members of bands burned down.
"In Efkapia, a Greek shot to death by Summary Court Martial for having been convicted of belonging to a band.
"Two death sentences each (each for the crime specified) for unauthorized possession of arms and for aiding and abetting members of enemy forces were carried out by shooting to death."
Then the note that 2 Australian prisoners who had escaped from Rest Transfer Camp 183, had been recaptured.
Then 150(o) The report again with reference to the 67 men is the same as appears at page 149 of this document book, Exhibit 129.
In the report for the 8 of November, this time the dependant Kuntze has become one armed forces Commander Southeast:
"During raids in the area of Nigrita, 95 persons who had carried on Communist activities were arrested and sent to a concentration camp. 1 band leader was hanged, two bandits shot to death."
Then we turn to page 152, Document 1033 NOKW which is the last document in this book. This is offered as Exhibit 131 in evidence.
JUDGE CARTER: What number?
MR. DENNEY: I beg your pardon 152, Exhibit 131 NOKW 1033, beginning at page 151, in Prosecution Document Book V and 99 in the German Book.
These are more reports from the Commander of the Salonika Aegean Area to the Armed Forces Commander Southeast and are certified copies. The first report, Paragraph 2 "In the area of Poligires (Kalkidiki) 5 English-prisoners of war and 4 Greeks, who were on their way to Asia-Minor, were captured."
That was just submitted from another source in a prior document.
Turning to page 153: The material contained here is the same as NOKW 1073 which is page 99 in Document Book IV and also Exhibit 129 Page 146 in Document Book V. Page 154. This report is contained in Exhibit 111, Book III, page 99 of the German, page 146 of the English and also in this book Exhibit 129, page 147. Page 156 - this is the same material that was contained Exhibits 111 and 129 and 111 is in Book III, English page 149, German Page 101 and Exhibit 129 it's in this book at English page 148.
Page 157, this report is contained in English Book III as Exhibit 111; English page 149, German page 101. Then there is Exhibit 129 in this book, page 149 of the English.
Then the last document in the book, the communication of 27 December 1941, from the Commander Saloniki - Aegean to the Chief of Staff.
DR. HINDEMITH: Mr. President, I only have one question regarding the numbering of the exhibits. I don't know if there hasn't been a mistake. Document NOKW-1056, which was subsequently submitted, and which was not in the book, has the Exhibit number 130. According to that, in my view, the next Document NOKW-1033 would have to receive number 131. From what the prosecutor has said, I believe that he has given the number 132 to this Exhibit. I would like to ask the Tribunal to clarify whether this is right or whether there has been a mistake.
THE PRESIDENT: According to the records that I have, NOKW-1033is Exhibit 131.
DR. HINDEMITH: I believe the prosecutor mentioned this number, but subsequently the prosecutor corrected himself and gave number 132 to this Exhibit.
THE PRESIDENT: I think you are in error. I think the correct number is 131.
DR. HINDEMITH: I started from this number, but I assumed that the prosecutor had number this Exhibit 132.
MR. DENNEY: Returning to the last report which is contained in prosecution's exhibit 131 in evidence, which is NOKW-1033, it is dated 27 December 1941, from the Commander Saloniki - Aegean to his Chief of Staff, the Wehrmacht Commander Southeast, who at that time was the defendant Kuntze. Paragraph 5 of the communication: "On 27 December 1941 at 8 a.m., 12 communists were shot to death as reprisal for attempts in which explosives were used."
And if your Honors please, that concludes the presentation of Document Book 5, and Mr. Fenstermacher will continue the evidence and the presentation of Document Book 6.
MR. PENSTERMACHER: If your Honors, please, with the introduction of Document Book 6, we now come to the major portion of the case against the defendant Kuntze.
You will recall that from documents previously introduced that Field Marshal List, the Commander-in-Chief of 12th Army and Wehrmacht Commander Southeast from April 6, 1941, throughout the campaign against Greece, became ill some time in October 1941. He was replaced during his illness for a period of one or two weeks by his senior Corps Commander, the defendant Felmy; and on the 27th of October, he was replaced by the defendant Kuntze who assumed all the duties and responsibilities of the Wehrmacht Commander Southeast and the Commanderin-Chief, 12th Army, but who retained, nevertheless, the title "Deputy Wehrmacht Commander Southeast" and "Deputy Commander-in-Chief, 12th Army." Many of the reports which we have introduced in the previous books, you will recall, overlapped from a time standpoint, so that some of the reports for the period of September and October were included in a report which also included the period of time November and December 1941. For those reports and the facts contained therein, we hold the Defendant List responsible for the period during which he was Wehrmacht Commander Southeast and Commander-in-Chief 12th Army; and we hold the defendant Kuntze responsible for the material introduced in the reports after he assumed command of the 12th Army and the position of Wehrmacht Commander Southeast. But with the introduction of Document Book 6, we are concerned only with the period of time after the defendant Kuntze replaced the defendant List.
The first document book -- the first document in Document Book 6 is on page 1 of the German. Document NOKW-879, which is offered as prosecution Exhibit 132. This is a biographical affidavit which the defendant Kuntze signed here in Nuernberg on the 12th of March 1947.
"I, Walter Kuntze, being duly sworn say and depose:
"I was born in Prtizerbe, Province of Brandenburg on 23 February 1883. I am a Protestant.
"From 1911 to 1941 I attended the Kriegsakademie in Berlin. During that time (1913) I was transferred to the 26th Engineer Battalion.
"Participation in the war 1914-1918: With the beginning of the war, I took over the 2nd Field company of the Engineer Battalion Number 26 and I led this company as a Captain (beginning of November) until the end of November 1914.
(East Prussia, fighting in the bend of the Vistula). I was wounded at the end of November. After I was well again, in May 1915, I was attached to the General Staff (Grosses Hauptquartier) being transferred there in approximately July 1915. About the end of May 1917, I was appointed 1st General Staff Officer of the Fourth Cavalry Division (Kurland), and in October 1917 was given the same assignment with the 89th Infantry Division (Rumania). I remained at this assignment until the end of the war.
"Decorations: Iron Cross 2nd Class, Iron Cross 1st Class, the Knights Cross of the House Order of Hohenzollern with Swords, Bulgarian Military Merit Cross, Austro-Hungarian Military Merit Cross 3rd Class with War Insignia, Turkish Iron Crescent, Bavarian Military Merit Order 4th Class, the Hapsburg Hansa Cross, the Wounded Badge (1934 Front Fighter Cross).
"In the spring of 1919 I was transferred to the Reichswehr Ministry (Department Foreign Armies). There I remained until October 1923. Subsequently until October 1925, I became Company Commander in the 3rd Engineer Battalion. During this time -- April 1924 -- I was promoted to Major, effective April 1923. I then was transferred to the Garrison Headquarters in Kuestrin where I remained until May 1928. Subsequently I was appointed commander of the 1st Engineer Battalion which I led until the spring of 1930. In the Spring of 1929 I was promoted to Lieutenant Colonel. From the spring of 1930 until October 1932 I was Chief of the Inspectorate of Engineers and fortifications in Berlin. I was promoted to Colonel in 1930. From October 1932 to May 1935 I was Senior Engineer Officer I, Berlin. I was promoted Generalmajor (Brigadier General) in 1934. In May 1935, I was ordered to deputize for the commander in Muenster (Division Muenster). In the fall of 1935, I was appointed commander of the 6th Division in Bielefeld which I led until February 1938. About August 1936 I was promoted to General-lieutenant (Major General). In February 1938 I was appointed Commander of the Headquarter's Staff, Kaiserslautern, simultaneously being promoted to General of Engineers.
As such, I had to prepare the construction of the Westwall from Mettlach to the Rhine and to execute it, and further, with the beginning of the fall of 1938, to assemble and to train the border troops. For this purpose the Headquarter's Staff, Kaiserslautern was changed into the Corps Headquarters of the border troops of the Saar Palatinate, which was charged in addition with the preparing the defense in its sector.
"Participation in the war 1939 to 1945: Corps Headquarters (since October 1939 Corps Headquarters XXIV) defended the secotr Bliess, "west of Zweibruecken) to the center of the Palatinate forest with three divisions.
"In the beginning of June 1940 the Corps Headquarters XXXXII, which I had organized, was committed with 3 divisions south of Laon on the right wing of the 9th Army, for an attack against the Weygand position.
"After the armistice the Corps Headquarters was subordinated to the 16th Army. The 16th Army ordered it for Coast Guard duty in July 1940 between Ternenzen and Cape Gris Nez, later for training of the divisions (generally three of them) which were resting in the area Charleville - La Capelle - St. Quentin - Rethel - Sedan, and which in addition were employed in agricultural labor. During the period from the beginning of August to the beginning of June 1941 Corps Headquarters was situated in Charleville. In the first half of June 1941 Corps Headquarters was transferred to East Prussia and subordinated to the 9th Army of this Army. Now Corps Headquarters was subordinated to the 16th Army and it became its duty to ring up reserves for this Army approximately by way of Wilna-Dissna.
"During the middle of July and until the middle of October Corps Headquarters was subordinated to the 18th Army and then transferred to the Crimea.
"I myself was ordered to Nikolajew to deputize from four to six weeks for Field Marshal List, who was ill.
At that time Field Marshal List was Wehrmacht Commander Southeast and simultaneously Commander in Chief of the 12th Army. In the beginning of June 1942 I was transferred to the Fuehrer Reserve but remained in my position until the beginning of July until the arrival of Colonel General Loehr, the successor of Field Marshal List. I remained in the Fuehrer Reserve until 15 September 1942. Subsequently, I took over my new duty, supervision of the training of the replacement army (Chief of Matters pertaining to Training in the Replacement Army). This employment lasted until February 1945, being interrupted briefly in the fall of 1944 when I had to reconstruct the Westwall. Then I was again transferred to the Fuehrer Reserve where I remained until the middle of March 1945. From then on until 2 May 1945 I deputized for the Commander in Wehrkreis III, who was ill. The orders issued in the 2nd half of April making me commandant of Berlin did not become effective.
"Decorations: Clasps for the Iron Cross, 1st and 2nd Class, Knight's Cross to the Iron Cross; German Cross in silver; insignia for Training regarding the Protective Wall; the large cross for the Bulgarian Military Merit Cross; Great Order of the Crown of King Zwonimir.
"I am married and have one child.
"I have never been a Party member."
Then, if your Honors, please, follows the jurat. The affidavit is signed by the defendant Walter Kuntze.
Turning next to page 5 of he English and page 3 of the German, this document NOKW-205, which is offered as prosecution Exhibit 133. This document consists of two communications between the Military Commander in Serbia, Administrative Staff with the Commanding Plenipotentiary General in Serbia, General Bader -- General Boeme. The first communication is dated 28 October 1941, receipt stamp of Boehme's 18th Infantry Corps Headquarters, appears on the right-hand portion of the document. Receipt dated 29 October 1941. The subject is captured members of the German Wehrmacht shot to death by Communists bandits.
"The Headquarters Staff reports that 8 German captives were shot to death by the insurrectionists in the area of Rabrovo on 9 October 1941. The required measures had been taken regarding 6 of those German captives, 4 men of the water security police fleet and 2 custom officials. With regard to the 2 other Germans, I request a German unit be ordered to perform the execution as directed."
Signed: "For the Commanding General, Plenipotentiary in Serbia, the Chief of the Administrative Staff."
On the next page, page 6 of the English, page 4 of the German, is another communication, a day later, dated 29 October 41, from the Administrative Staff, The Military Commander in Serbia, to the Plenipotentiary Commanding General in Serbia:
"Belgrade. The Department for State Protection of the Serbian Ministry of the Interior has reported that a German soldier was killed and two German soldiers lightly wounded during Communist attacks on a train in the railroad station of Kusadak, district of Smed. Palanka, in the night of 27th of this month. I request that a troop unit be selected for the execution of 200 men on the basis of the order dated 10 October 41."
And your Honors will recognize the familiar code numbers "2843/41," which are one code numbers we have seen previously, referring to the Boehme order of 10 October 41 which incorporated the language of the Keitel document, the 100-to-1 directive of 16 September 1941.
"I suggest the execution be performed by a Belgrade unit."
I call your Honors' attention to the application of the ratios here. One German soldier was killed and two German soldiers were lightly wounded, or a total of 100 times 1, and 50 times 2, a total of 200 executed in reprisal.
Turning next to page 8 of the English, page 5 of the German Document Book, Document NOKW -199, which is offered as Prosecution Exhibit 134. This is a report dated 30 October 1941 on the number and category of persons in the concentration camp at Sabac. It is a supplement to the 10 day report.
I think the first portion of the document need not be read but I ask your Honors' attention -- draw your Honors' attention -- to paragraph "6b" which is on page 8 of the English page 5 of the German:
"Removals: from Croatia, 76 railroad cars; from Serbia railroad cars," a total of "455 railroad cars."
Next, on page 9 of the English, page 6 of the German, under paragraph "7":
Arrests: 3853. Releases 727 from Camp Sabac after examination by Police Reserve Battalion 64. Executions: 405 hostages in Belgrade (to date total number in Belgrade 4750) 90 Communists Camp Sabac 2300 hostages in Kragujevac 1700 hostages in Kraljevo Shot to death during combat by units:
697 Total number of inmates in Camp Sabac 25 October:
16,445 Next, on page 10 of the English and page 7 of the German Document Book, Document NOKW-191, which is offered as prosecution Exhibit 135 -- this is a series of reports and orders from and to the Plenipotentiary Commanding General in Serbia.
The first report is dated 19 October 1941 and it's from the Plenipotentiary Commanding General in Serbia to the Officer Commanding in Serbia, Administrative Staff, and the 65th Special Purpose Corps, with a copy for the 220th Panzer Jaeger Battalion:
"By virtue of the order for the suppression of the Communist rebellion movement for wounding of a guard of the 220th Panzer Jaeger Battalion in Belgrade on 15 October:
"50 hostages are to be shot.
"The shootings will be carried out by the 220th Panzer Jaeger Battalion.
"The Commander of Serbia, Administrative Staff, is to hold the hostages in readiness.
"The date and place of the executions, the fetching and delivery of the hostages as well as further details will be settled directly between the executionary troop units and the Officer Commanding in Serbia, Administrative Staff.
"The report on the executions is to be sent to the Commanding General Plenipotentiary in Serbia."
The document is signed: "For the Commanding General, Plenipotentiary in Serbia, Chief of the General Staff."
The next report is on page 11 of the English, page 8 of the German, report of the 30th of October. You will note the subject is: "Retaliation Measures" and the reference is again to the Boehme order of 10 October 1941, with the code numbers "2848/41":
"By virtue of the order for the suppression of the Communist rebellion movement for murdering of 8 German prisoners on 9 July 41 by Communists in Rabrove:
"800 hostages are to be shot.
"The shootings will be carried out by the Town Major Belgrade with respect to 200 hostages."
Then, if your Honors please, the three paragraphs of this report are the same in form as they were in the previous report.
Turning next to the report which appears on page 12 of the English page 9 of the German, the report dated 31 October 1941, again the subject is: "Retaliation Measures," and the reference is to the same order with the familiar code numbers:
"By virtue of the order for the suppression of the Communist rebellion movement, for Communist surprise attack on railway train in Kusadak, in which one German soldier was killed and two wounded:
"200 hostages are to be shot.
"The shootings will be carried out by the Units of the City Headquarters, Belgrade."
The three paragraphs of the form are again the same as they were in the reports which we have just read.
Next, the report on page 13 of the English, page 10 of the German, report dated 20 November 1941:
By virtue of the order for the suppression of the Communist rebellion movement for losses of the 3rd Battalion, 697th Infantry Regiment:
"365 hostages are to be shot.
"The shooting is to be carried out by the following units in Sabac: Commander Serbia Headquarters Staff, 200 hostages; the 65th Special Purpose Corps, 185 hostages."
Turning next to the report on page 14 of the English, page 11 of the German, another report from the Commanding General Plenipotentiary in Serbia, General Boehme, this time dated 29 November 1941:
By virtue of the order for the suppression of the Communist rebellion movement, for Corporal Bernhard Schmidt of the Mountain Corps Signal Detachment 449 who was wounded in the region of Tokeris on the 16 October and found dead on 19 November:
"100 hostages to be shot.
"The shooting will be carried out by the Mountain Corps, Signal Detachment 449."
And this report, if your Honors please, is to reference "5b" under Count 1 of the indictment.
Our next document is on page 15 of the English and page 12 of the German, Document NOKW-1103 which becomes prosecution Exhibit 136. I think we need not read this document which is a letter from Tutner, the Chief of the Administrative Staff of the Plenipotentiary Commanding General in Serbia, dated 3 November 1941. That has already been introduced in evidence as Exhibit 116 which is on page 25 of the English document book IV and page 21 of the German document book IV.
However, on page 17 of the English and page 13 of the German is an enclosure to Turner's letter dated 3 November 1941:
"The Commanding General has agreed to the publication by way of the press and the radio of the following declaration:
"Authoritative quarters state that in consequence of certain reports according to which relations between leading Masons and persons in the pay of the enemy with the insurgents have been established the arrest of a great number of persons in Belgrade as hostages has been ordered. In the first place, the representative of political corruptionism are involved whose entire attitude is co-responsible for the misery of the Serbian people. They guarantee with their lives the security in the Serbian area. With their arrest it has been proven that the measures ordered do not only hit the deluded farmer and worker who has joined the insurgents but that above all the wire pullers of this criminal system and their political friends are being caught."
Signed: "For the Commanding General Plenipotentiary in Serbia Chief of Administrative Staff" Turning now to page 19 of the English, page 14 of the German, Document NOKW-1379, which is offered as Prosecution Exhibit 137, this is an Intelligence Report of the 342nd Infantry Division, which relates to the insignia worn by these Chetnik and partisan units:
"342nd Infantry Division 1c (open) of 1 November 41 - Information about the Enemy.
"However, on the basis of experiences made up until now, the conception seems to be growing that peace and order cannot be restored in the country without the German Wehrmacht. Even the mood for self-pity is increasing."
DR. MENZEL (Counsel for defendant Kuntze): I point out to the Tribunal that this document does not bear any heading nor signature. It is merely an excerpt of page 6, written in transcript, partly corrected in handwriting, as I said, without any heading and without signature. I request that the document not be admitted in evidence.
THE PRESIDENT: The objection will be overruled for the reasons already stated.
MR. FENSTERMACHER: Continuing on page 19 of the English and page 14 of the German, paragraph 10:
"The insignia of the various units has not changed. The Chetniks as a rule wear on their lamb fur caps a Serbian cockade and underneath it a skull and crossbones; the Communists wear on their headgear a red star, sometimes below it a narrow strip of ribbon in Yugoslav colors or the Soviet emblem with hammer and sickle, or also plain red stripes. Arm bands with the word 'partisan' written on them were encountered.
"Leaders often wear in addition tassles in their caps, the Chetniks gold colored ones, the Communists red ones.
"11) Clothes are already known. Mostly peasant costumes in all units only a few in uniforms, almost exclusively among the Chetniks; the Chetnik officers often wear over their peasant costume a Serbian officer's coat with epaulettes.
"12) Valid passes in green color which are certified by the German military offices by means of a stamp are only at the disposal of a part of the Chetnik group Valjevo.
The remaining Chetniks who are loyal to the government have in their possession passes issued by Pecanac.
(handwritten)
"Probably dating from the period before the split of the Chetnik units."
On page 20 of the English and 15 of the German the prosecution's next document is NOKW-1385, which becomes Prosecution's Exhibit 140. This is a report on partisan movement and activities including the insignia worn by partisan units.
THE PRESIDENT: Isn't that Exhibit No. 138?
MR. FENSTERMACHER: I beg your pardon, Your Honor, it is 138. It begins on page 20 of the English and page 15 of the German. It is a report dated for the period 1 October until 1 November, 1941, concerning band movement and activities in the area of Pozarevac, 20 October 1941:
"The gold mine Blagojev Kamen and its surroundings occupied by a major band, supposedly 2000 men, consisting of partisans and Chetniks. The Chetniks are commanded by a certain Mitar, the partisans by a certain teacher from Velko. Armed with heavy machine guns, light machine guns, and rifles. Uniform: peasant clothing and civilian clothing; headgear consists of army or civilian caps with former Yugoslav coat-of-arms or Soviet star."
I direct Your Honor's attention to the entry at the bottom of the page for 9 October 1941:
"Dubovac 19 kilometers north of Pozarevac. Appearance of a band in black uniforms."
Turning now to page 21 of the English, page 16 of the German, NOKW-1152, which is offered as Prosecution's Exhibit 139.
DR. HINDEMITH (Counsel for defendant Foertsch): May it please the Tribunal, I want to say the following to the prosecution regarding this document. The prosecutor has said in his statement -- he said that this was the report. In my view this is not correct. If the document is declared to be a report, this concludes that this document has been sent from one department to another department.
It therefore contains facts which are of value for the probative value of this document. These facts cannot be read from the document. It cannot be seen anywhere in this document by whom this report has been sent and to whom it was addressed or which unit it reached. The connecting statement of the prosecution is in my view intended to give the Court and all concerned the possibility to make better use of this document. If concepts are used for this document which cannot be read from the document itself, this can only mislead. In this respect, I want to object to what the prosecution has said in this regard.
MR. FENSTERMACHER: I would be glad to amend my statement and call the document a "memo" which on its face does not indicate whether received by any unit or sent by any other unit.
THE PRESIDENT: The objection will be overruled.
MR. FENSTERMACHER: Continuing, the next Exhibit 139, which is on page 21 of the English and page 15 of the German, this is a situation report on the Balkans, dated 2 November 1941, prepared by the Wehrmacht Commander Southeast. Turning first to page 22 of the English and page 16 of the German, paragraph 6:
"Insurrectionist Movement.
"Reasons for the insurrection are:
"1) Recovery from the shock effect of the short campaign which scarcely touched large parts of the country or did not touch them at all.
"2) Panslav and Communist tendencies.
"3) Merger of remaining parts of the Serbian Army.
"4) The refugees expelled from the separated territories (from Croatia 110,000; from Hungary 37,000; from Bulgaria 20,000), who were transported across the frontier without means and without sufficient care.
"B) Carriers of the revolt are:
"1) Remaining parts of the former Yugoslavian army "2) Communists bands "3) National units of the Chetniks.
The Chetniks are a Free Corps organized in a military manner, which has been in existence since the war of liberation against Turkey and which after the World War had received its legal basis for existence through the foundation of a Chetnik organization.
"The words with which their secret broadcasting station opens each broadcast, 'It is not Communists who are speaking here but National Chetniks who are ready to fight for the liberation of Serbia and Yugoslavia,' characterize their political attitude. Strictest discipline, silence, and absolute dedication of personal efforts are the basic pillars of this organization. The Vojvode (leader of the band) is master over the life and death of his people; only his will governs.
"Today part of the Chetniks fight together with German troops and the Serbian police under the Vojvode Kosta Pecannac against the Communists.
"4) Mixed bands (Chetniks and Communists).
"D) Combatting the Insurrection.
"1) The Commanding General of the XVIII Corps, General of Infantry Boehme (The Commanding General Plenipotentiary in Serbia) has been charged with the suppression of the insurrection in Serbia and Croatia...
"3) In retaliation for acts of sabotage the following procedure is to be used respecting male population of areas cleared of bands:
"(1) All prisoners taken during combat or mopping up operations will be hanged or shot to death.
"(2) For the time being arrests are being made only for purposes of interrogation or to supplement reconnaissance.
"(3) In addition to that in order to stop a further increase of the insurgents, male civilians will be temporarily collected in camps. Of these, those who are convicted of having participated in combat will also be hanged and/or shot to death, suspicious elements will be detained as hostages, people who are beyond any doubt peaceful will be sent home under guard after their home area has been cleaned of bands.
"Doubtless the insurgents are impressed by the German operation. It remains to be seen whether a noticeable effect on the whole country has been achieved. The total situation is still tense."
The report is signed for the Wehrmacht Commander Southeast, which is, at the time, General Kuntze, by his Chief of the General Staff, then a colonel in the General Staff Corps, the defendant Foertsch.
Next, on page 25 of the English, page 19 of the German, Document NOKW-235, which becomes Prosecution's Exhibit 140; this is an order of the Plenipotentiary Commanding General in Serbia, General Boehme, dated 2 November 1941:
"Subject: Suppression of the Serbian Resistance.
Signs of Dissolution among the Insurgents.
"1) Under the pressure of the ruthless and successfully carried out operations of the unit, in consideration of the approach of winter and on the basis of the destruction of the Russian Wehrmacht which is gradually becoming noticeable, the first indications of dissolution are to be recognized among the insurgents.
"2) These signs were to be expected; they do not signify by any means that the opponent will give up his aims. It depends on:
"a. Destroying Communism in Serbia in such a manner that flaring up again under more favorable circumstances is impossible, "b. Destroying Serbian chauvinistic circles which now and in the future refuse close economic and political cooperation with the Reich.