If I heard correctly, the word "grundsaetzlich" is translated in English, "as a matter of policy". This term, in my opinion, is too strong, and it is not a proper translation of the word "grundsaetzlich". "As a matter of policy" would mean that is a direction of policy, which is more than this word "grundsaetzlich".
THE PRESIDENT: In keeping with the previous policy of this Tribunal, may I suggest that the original be handed to the translator for her translation, stating the page that she is reading from in the German and in the English.
INTERPRETER: Page 10 in the English and page 9 in the German copy, "Where were 11 Communists arrested? Communists are to be shot to death after a short interrogation as a matter of principle."
THE PRESIDENT: Does that satisfy counsel?
DR. MENZEL: Yes, Your Honor. And I have to say something else about this document. May I have the document back please? In this document on page 13 they speak about shooting twenty-five people and a contribution--
THE PRESIDENT: Pardon me. On what page of the English?
MR. DENNEY: That is on page 15 of the English, if Your Honor please. He is referring to the communication from General Bader to the 342nd Infantry Division, dated 30 December 1941.
DR. MENZEL: From another part of the document one can see that Lieutenant Lange is concerned here, about whom it is said -- first of all, he wasn't completely capable of being interrogated. On this point, if the Tribunal allows, from the supplement which is mentioned here I would like to read a part of this which hasn't been read by the prosecution.
MR. DENNEY: Perhaps the easiest way, Your Honor, would be for the Doctor to indicate what he wants read in the German copy and then hand it to the translator, and it will be easier for her.
THE PRESIDENT: I think that it will be a good way to proceed.
(Mr. Scharf, German interpreter, read the passage in German.)
MR. DENNEY: This will be the same now for the record in English. It has been read in German, and counsel has agreed that is the part which he wishes read, if Your Honors please, and now the English interpreter will read it into the record.
INTERPRETER: "The company commander of the 2nd Company, 699th Infantry Regiment, was attacked in the town area of Valjevo and kidnapped. After numerous maltreatments he succeeded in freeing himself and going back to Valjevo."
DR. MENZEL: I asked that this part be read because from this it can be better understood why these shootings took place, especially in connection with the comment on the report of the 30th of December 1941, according to which Lt. Lange was not yet capable of being interrogated. Thank you very much.
MR. DENNEY: In view of the counsel's comment with reference to the portion which he has read, I believe it is also proper to direct the Court's attention to the fact that Lt. Lange was still alive at the time that this action took place. Turning now to page 22 of the English, page 21 of the German, Document No. NOKW-1094 is offered as Prosecution's Exhibit No. 166 in evidence. This is substantially the same as the orders contained in the previous communication from the Commanding General of the 342nd Division; however, here we have another division involved - the 718th. And there are one or two minor changes which might be called to the Court's attention. The Court will recall in the earlier document that the statement about shooting after interrogation applied only to Communists. However, here on page 21 of the English and 22 of the German, under entry "4", "After a short interrogation Communists and Serbian Chetniks will be immediately shot to death." "Serbian Chetniks" have been added here. And then down a little farther they put in the words "halt" and the equivalent that is to be used, "stog", in the area of operation.
And the rest of the order is the same as that before, concluding with the last paragraph beyond that, referring to the prior burnings, "Nothing is to be burned down in consideration of billets for the troops." And this is signed for the divisional headquarters by Dr. Ehirch, a major.
Then turning to page 24 of the English and page 22 of the German, we come to Document NOKW-1092 which is offered as prosecution's Exhibit 167 in evidence. This is a report of 9 January 1942 from the 1st Battalion of the 750th Infantry Regiment to its parent organization, the 718th Infantry Division; and it is stamped "Received by the Division on 10 January 1942."
It recites:
"The group advancing along the forest path on flat top trucks with heavy trench mortars and heavy guns made relatively slow headway due to the snow situation, notwithstanding the fact that 80 civilian auxiliaries of the plant had been employed for removing the snow from the path. At 1200 hours of 8 January, the mill East, Southeast of letter 1 of Lovnica Mus 1 was reached. In the course of the continued advance our spearhead encountered an enemy reconnaissance detail of 3 men who opened fire immediately. During the reply to the fire, one Chetnik was wounded, the two others escaped. The wounded man, a Serb equipped with Chetnik cap, rifle and ammunition was shot to death. During further progress the received strong fire from Cardak which was taken under fire with heavy trench mortar."
And it bears the legible initials of a Captain who was the Battalion Adjutant of the unit.
Then turning to page 26 in the English which is page 23 of the German text, Document NO-3338 which is offered as prosecution's Exhibit 168 in evidence; here again we have a report from the Chief of the Security Police and of the SD in Berlin, dated 19 January 1942. 65 copies were made, of which this is the 57th.
Under Roman Numeral III:
"III. Reich and Occupied Territories:
"The Chief of the Einsatzgruppe of the Security Police and of the SD in Belgrade reports:
"Arrests made by the Einsatzgruppe of the Security Police and of the SD. 12 persons for Communist activities, 2 persons for evasion of currency control, one person for unauthorized crossing of frontier.
The Serbian Special Police arrested: 58 persons for Communist activity, 2 persons for actively working with the insurgents. In addition, the names of 926 former regular Yugoslav Officers were listed. 440 of these can not be found, 79 were released for illness, etc., 407 officers were arrested by the municipal police and transported to a prisoner camp in the Reich. In the Banat 150 Communists were shot to death in reprisal for the murder of 3 Volksdeutsche field guards and in the camp Sabac, 100 Communists were shot to death.
Communism:
An active group of the Skoj in Belgrade was raided. 9 Serbs, mostly students, were arrested. The purpose of the group was the organization of Communist cells and the building of the Communist youth.
"An afternoon tea party, held by Communists, was raided. 30 arrests. All prisoners belong to small Communist sub-groups. Purpose of the camouflaged meeting: Reading of leaflets, collection of money, preparation of sabotage.
"On 5 January 1942, murder of a member of the Russian Factory Guard. The murderer, high school pupil Graga Radic, 18 years of age, was hanged publicly on 14 January 42. Two accomplices were shot to death. Investigation established that the three culprits are members of a larger-sized terrorist group and that they acted on orders. Up to now, 16 persons arrested, mostly adolescents and members of the Skoj. Aim of the group: recruiting workers and adolescents for the Skoj and for terrorists acts in Belgrade. The persons arrested included employees of the Belgrade municipal administration who issued forged papers to members of the activist group.
Partisan.
"Acer Vucuvic, the Commanding Officer of the 3rd Communist Company from Uzice arrested during the fighting of Serbian armed units. Two boxes of Italian ammunition were found among the loot.
"A 1st Lieutenant in the Serbian regular army was arrested. He was a member of the Staff of a Chetnik unit, loyal to the Government. He was convicted of having joined the unit by order of the band leader Mihailovic and of maintaining communication with Mihailovic.
"A major of the former Yugoslav Army was arrested. He was convicted of and confessed to having issued blank identification papers of the refugee commission to followers of Mihailovic.
"A confidential agents report established that Mihailovic insurgents attempt, in an increasing extent, to join Serbian armed units.
"Several confidential reports state that a Balkan revolt is planned. Communists, Nationalists and all other groups, though differing on interior politics are averred to have agreed on fixed time.
"It has been reported confidentially that the Communists intend to mine buildings containing German Offices in order to blow them up at the proper time."
Then turning to page 30 which is page 27 in the German, we offer Document NOKW-1361 as Exhibit 170, in evidence. These are daily reports by the Plenipotentiary Commanding General in Serbia to the Armed Forces Commander Southeast, covering the period 4 January, to the end of the month. We have only used a few of them. On 4 January, the Plenipotentiary Commanding General in Serbia, General Bader, reported to the Wehrmacht Commander Southeast, General Kuntze, "In Belgrade 3 January 20 arrests. Local Administrative Headquarters Cacak 10 January 12 Communists shot to death."
On the 6th of January - Major Hatfield has just called to my attention that I have given this Exhibit No. 170 and it should be Exhibit 169. Thank you. This is Document NOKW-1361 at page 30 in the English, 27 in the German, and it is offered as prosecution's Exhibit 169. It had been improperly offered earlier under a different number.
Returning to the portion of the Exhibit which deals with the report of the 6th of January, "On 3 January during operation southwest of Belgrade 6 Communists shot to death, 5 hostages arrested.
"On 3 January in Kikinda 9 Communist murderers shot to death and hanged. On 3 January 8 arrests in Belgrade."
Report for the 7th of January, "Reprisal measures for the murder of Russian factory guard. 1 of the perpetrators hanged, 5 shot to death." That is an incident which was referred to in the prior Exhibit 168.
The report for the 10th of January, "In connection with the murder of the Russian guard up to the 10 January further 39 Communists arrested." That is, it is submitted, the same incident that is referred to in the report of the 7th.
"Extensive inquires are in progress. In Belgrade 52 arrests. As reprisal for murder of 3 German Nationals (Volksdeutsche) in Kikinda 150 Communists shot to death."
In the report of the 14th, still from the Commanding General Plenipotentiary in Serbia, General Bader, to the Wehrmacht Commander Southeast, the defendant Kuntze, under "5", "In Vlaska 10,000 detonators confiscated. On 13 January in Belgrade 23 arrests. On 14 January reprisal measure for murdered factory guard carried out, i perpetrator hanged, 2 others shot to death."
And for the "6th to the 16th of January in the prison camp Pozega 10 Communists shot to death. In Belgrade 5 arrests."
Report for the 19th or rather the 20th, at the top of page 30 of the German text, bottom of page 33 of the English, "Operations on 19 January: In Regatice 300 Alpini from Visegrad joined the group. Supplement enemy losses on 18 January: 35 dead, 61 prisoners, 29 men shot to death."
Report for the 21st of January, "Operations on 20 January: Group 697 with 1 Battalion occupied Han Pijensak without combat. 8 insurgents were shot to death."
Then there is an additional report concerning losses only in the original of the teletype message which is handwritten.
And the last report in this entry, the report from General Bader to General Kuntze, 30 January 1942. "On 29 January in Sabac attempt of imprisoned Communists to escape by night 4 men escaped, 21 persons accessories shot to death."
Signed by Bader, as the Commanding General Plenipotentiary in Serbia.
THE PRESIDENT: We will adjourn at this time until 1:30 this afternoon. In announcing this adjournment, the Tribunal wishes to state that we are desirous of starting on time, and we ask and request and direct that all parties be here so we can start on time. Possibly on some occasions the Court has been tardy, but we trust that those occasions have been the result of necessary conferences.
(The Tribunal recessed until 1330 hours 23 July 1947)
AFTERNOON SESSION
THE MARSHAL: The persons in the Court room will be seated.
The Tribunal is again in session.
THE PRESIDENT: You may proceed.
MR. DENNEY: May it please Your Honors, one of my associates has indicated to me that he did not think the explanation made by me to Your Honors was sufficiently clear in reference to, -- sufficiently clear from the standpoint of my explaining it, if your Honors please. Page 13 of the English and page 12 of the German, Document NOKW-1067which is Exhibit No. 165 in evidence and I would like to very briefly go over that portion of the document with reference to the figures so that there is no doubt about our contention with reference to them. If Your Honors will turn to that page, and in order that the procedure might be a little more clear, I suggest that we number the lines of figures which appear to the right and defense counsel can do as well if they wish, that is lettering them. The first line under "1", period of report, opposite the letters 3 and 19 if we would put A; then opposite the figure below, 7098, if we would put D opposite 8348C; opposite 8 (417) D; E opposite 2 (389); F opposite 816; G opposite 7532; H opposite 87; I opposite 484 (4009), and J opposite 4189; and it is to be remembered that the figures in brackets represent the report of the IIIrd Battalion of the 697th Regiment of the 342nd Division which goes back to the 26 of September and is inclusive to the 15 of December. Whereas, the figures not in brackets, to the left of those where brackets appear, are the figures from the 6 to 15 of December for the balance of the Division, on line A, for the period of the report German losses: 3 dead and 19 wounded; and that is from the IIIrd Battalion of the 697th. Losses not retaliated proceeding the period of the report, 7098, opposite B. Now, if to figure B is added at the current ratio the figure of 1250, which is obtained by multiplying 3 for those dead, by 100; 19 those wounded by 50, the figures 300 and 950 are obtained and if they are added together a total of 1250 is reached.
If that total is added to figure B, then C 8348 is arrived at. Now, that is to be noted as under their own losses and includes the figure 3 times 100 and 19 times 50. Then dropping down to the next section of the report, figure 8 (417) on line D, those are insurgents shot during combat. The 8 represents the period 6 to 15 December and 417 represents the figure for the IIIrd Battalion of the 697th Regiment from 26 of September to 15 December and hostages shot as reprisal measures E to during the December period 6 to 15 by the Division and 389th by IIIrd Battalion of the 697th Regiment. Then if all of D and E, both the bracketed D and unbracketed D material are totalled the figure at F is reached which is 816. Then if F is subtracted from C the figure 7,532 or G is arrived at, which is the total as yet unretaliated. In short they deduct the hostages which have been shot from the line C and reach the line G, a total of 7,532. Then dropping down to number of hostages, paragraph 4 of the report, at line H, they have a hold-over of 87 in the period at the beginning of this period. Then that is at line H; then line I shows those arrested during the period, 484 by the division and in brackets 4,009 by the IIIrd Battalion of the Regiment. Now, if those two figures on line I are added together, a total of 4,493 is obtained. And, if from that 4,943 the total of the two figures on line I there is subtracted the total of the two figures on line E, 389 and 2, which is 391, hostages shot to death as reprisal measures, subtract the total of line I and a remainder of 4,102 is obtained. And, if to that remainder of 4,102 is added the figure for line H, 87, we reach the final total of line J, 4,189 and the number of hostages still available for retaliatory purposes.
Returning now to page 36 of the English and page 32 of the German, Document NOKW-1256 which is offered as Prosecution Exhibit 170 in evidence.
This is a collection of ten day reports from the Plenipotentiary Commanding General in Serbia Bader to the Armed Forces Commander South east, defendant Kuntze.
The first one is dated 10 January and is addressed to the Wehrmacht Commander Southeast. And, this is the same, in substance, as the report on page 26 which comes from the, Your Honors will recall, is part of the exhibit 168 which is from the Einsatz or Security Police SD in Berlin, reports of their action in Serbia. This covers the period from 26 December 1941 to 5 January 1942:
"Enemy Losses: 504 dead, of these 252 by reprisal measures; 50 captured. 160 arrests in Belgrade.
"In addition, out of 926 active Serbian officers listed 486 were arrested. The rest could not be found.
"79 were released for health reasons etc. and 407 reported to the Reich.
"Own Losses: 1 German officer wounded. 1 Russian Factory guard shot openly in a Belgrade district. Here, the six murderers were hanged, resp. shot.
"Strength of Camps: On 5 January 1942 a total of 7,582 prisoners were held in detention camps."
And it is signed by Bader as Lieutenant-General of Artillery.
Then the report for the 20th from the same source addressed to the same persons: "In the boarder areas of Croatia our previous conception of the enemy situation was confirmed by the current operation being conducted there. An offer by the Bosnian Cetnik leader, Major Dangic, to the 342nd Infantry Division to conclude a kind of a non-agression pact was refused. Units of Dangic-Cetniks, 500 men strong, voluntarily reported to the German forces. Small groups offered resistance, the majority, apparently by order, avoided fighting contact with the German unit. Undisciplined Toiror Ustasca members are also forcing an increasing number of Croats to join the Cetniks by means of terror. 4. Own and enemy losses: (for the period 6 to 15 January) Own losses 9 dead, 48 wounded. Enemy losses: 191 dead, of these 185 by reprisal measures, 247 arrested in Belgrade." And the distribution list is included here: the Wehrmacht Commander Southeast, the 65th Corps Command, and so on.
30 January 1942, the last of these three reports. The third ten-day period, again to the Wehrmacht Commander Southeast, on page 34 of the German and 39 of the English. "Losses and Booty from the 16th to the 25th of January. Own losses: Germans, 25 dead, 125 wounded, 1 missing 64 sick, 337 from exposure to the cold," and the totals which I need not read, which appear on the next line. "Enemy losses: dead 761, wounded 33, prisoners 1,471, of these (25)...." and on the original, there is the notation "S" equals reprisal measures. "Liberated prisoners: Croats, 168, Italians 104. In Belgrade from 16 to 25 January 1942, 107 arrests. Distribution on the draft:" and it is signed by General Bader.
Turning then to page 35 of the German text and 40 of the English, NOKW-1093, which is offered as prosecution's Exhibit 171 in evidence. This is a radio message from the 718th Division to the 697th Infan try Regiment, dated 1 February 19 -- dated 31 January '42 and received the following day, 1 February.
"All men in this region are to be considered insurgents, and insofar as they do not carry arms they are to be handed over to the Croatian Wehrmacht."
And page 42 of the English and 36 of the German text, NOKW -887, becomes prosecution's exhibit 172 in evidence. This is a report of Enemy losses in Croatia for the period 1 September '41 to 15 January 1942, and based on Daily or 10-Day Reports. "Killed in Combat 7,904, reprisal measures 12,196, Booty: rifles 3,903, guns 9, machine guns 88, tanks 3, horse drawn vehicles 85, motor vehicles 28, motorcycles 6. Large amounts of ammunition, other equipment, crude metals, fuel." And it is signed by Pfafferott, and below the signature, bears the stamp of the 12th Army, received on the -excuse me a moment. And it appears to be 7 February, 1942. It may be 17, I don't know. We will pass it up to Your Honors. And it is submitted that the defendant Foertsch has placed his initials on the top of this report, his name. That is the signature which Your Honors have seen before. Whether it is 7 or 17, I don't know. I think it is immaterial. It says 7 in the English, and I believe there is just as much basis for arguing one way or the other. The "1" does not appear to be sufficiently close to the "7", and it looks as though it may be the edge of the rubber stamp. In any event, it was stamped by the high command of the 12th Army as received no later than the 17th.
JUDGE BURKE: You made a slight error in the pronunciation of the name of the signatory.
MR. DENNEY: No, sir, I did not maintain that it was signed by Foertsch. I said that the signature----
JUDGE BURKE: I am referring to the name "Pfaffmatt", and you pronounced it "Pfafferott".
MR. DENNEY: I am sorry, sir, it had been changed on mine from "Pfaffmatt" to "Pfafferott", and the German original shows that the order of the battle officer in question is named "Pfafferott", not "Pfaffmatt".
JUDGE BURKE: That should be changed?
MR. DENNEY: Yes, Your Honor. I thought that had been done in your books. (Spelling) P-f-a-f-f-e-r-o-t-t.
Then on page 37 of the German text and 44 of the English, NOKW - 1095 is offered as Exhibit 173 in evidence. This is a report -- excepts from a report of the Commanding General Plenipotentiary in Serbia to the Wehrmacht Commander Southeast. Daily Report of 4 February 1942: "Combat activity of the 718th Infantry Division Group Ease arrived at its target of the day. On 2 February, 62 suspect persons were arrested, on 3 February, 69 prisoners were taken, two Cetniks shot to death, booty consisting of light arms and ammunition. Cetniks flee individually into the mountains. 3 February, 12 arrests in Belgrade. In the month of January 449 reprisal prisoners shot to death. As reprisal for German losses 3,484 shootings ordered, carrying out to commence immediately. Temperatures around zero, showing at times, traffic situation unchanged."
And then on page 38 of the English and 45 of the German -38 of the German and 45 of the English-- is NOKE -945, which is offered as Prosecution's Exhibit 174 in evidence. This is a teletype from the Armed Forces Commander Southeast, the defendant Kuntze, to the Commanding General - Plenipotentiary in Serbia, dated 6 February 1942. "All subordinate units including the Bulgarinas are to be instructed that all reprisal measures and / or counter measures taken immediately or intended are to be included in reports regarding sabotage attacks, and so forth. The treatment of prisoners in the course of operations requires application of a more severe criterion.
Prisoners taken in combat can not be innocent. People who loiter in the combat terrain and are not in their residence..." first the words "must" were there, then it was edited and the words "will be mostly" were inserted..." considered as having participated in combat and consequently...." first the words "will be" were there, and they were edited and "must accordingly" was written in..." be shot to death. The mile conception of the troops is to be combatted most rigorously in view of the same conception during the past summer and the ensuing consequences." Then below that are some initials which are illegible, and then typed below that is: General of Engineers, Wehrmacht Commander Southeast, AOK, Army High Command, 12th, and then the numbers "431 slash 42."
And the second page of the document appears to be a later copy and if your Honors will compare them you will see that it has been edited according to the crossing out and handwriting editions which were called to the Court's attention in the first instance. I do not think there is any need to reread the document but it bears at the bottom of it: "Signed in draft" in type, and then is typed the word "Kuntze", Lieutenant General (Engineers), the German "General der Pioniere," and "Wehrmach tsbefehlshaber Suedsot AOK 12" and the order number "431/42" and over to the left is typed, "Certified true copy," and then a signature which says below it "Hauptmann" or "Captain."
Then on page 39 of the German text and 48 of the English Document NOKW-1102, which is offered as prosecutions's exhibit 175 in evidence. This is an order from the 704th--714, seven one four, Infantry Division, 15 February 1942. The subject is: "Reprisal Measures for Sabotage and Attacks." It refers to a prior order of the Division issued on the 28th of December 1941 and a prior order of the Commanding General Plenipotentiary in Serbia issued on 8 February 1942.
"The strict execution of reprisal measures" -- and it says in brackets under that "not transmitted" --"The strict execution of reprisal measures has been shown to be the correct measure. The more successful we are in hitting those who are actually guilty, the more impressive the effect of the punishment.
"The basic directives regarding reprisal measures are treated in enclosure 3 of the directive referred to.
"Particular attention is called to the following points:
"In cases of sabbotage and attacks all participants and accomplices are to be shot to death at the locality of the incident by the troops committed there under the responsible command of the commander and or company commander - i.e. in so far as the interrogation of individuals is not deemed important.
Hanging at the locality of the incident has a particularly intimidating effect.
Persons who are encountered in the combat terrain during the fighting are to be arrested and to be investigated (to be Interrogated). Depending on the result of the interrogation they are to be released or sent to the competent district headquarters as prisoners for the reprisal measures (copy of interrogation to be sent along).
"Prisoners can be taken only in exceptional cases since every insurgent and or a person supporting the insurgents is to be shot to death.
"Women participating actively in combat - with or without weapons are to be treated like male insurgents. Women who are suspected of having supported the fight are to be detained for court martial sentence.
In cases of sabotage or attack the reprisal measures taken are to be reported immediately in the daily reports. I expect careful observation of this directive."
"Signed in draft" -- the signature is illegible. That is withdrawn. It says: "Signed in draft," printed "(Signed) Stahl." There is no "illegible signature" there. That is a mistake -- and then to the left: "Certified true copy, (Signature illegible) Major," and "Distribution" lists the two regiments, artillery battalion, and so forth.
And then, turning to page 41 in the German and page 51 in the English, NOKW-1098 is offered as Exhibit 176 in evidence. This is an except from daily reports from the Plenipotentiary Commanding General in Serbia Bader to the Armed Forces Commander Southeast, the defendant Kuntze, the Daily Report of 14 February 1942:
"12 February. 147 inmates of reception camp Nish have broken loose. 42 shot, 105 escaped. 1 guard dead.
"13 February. Attack with explosives on line Moravic - Visnicevo."
"(Signed) The Commanding General Plenipotentiary in Serbia."
Then the report of 15 January 2, 1942: Assault squad of armored railroad train 23 searched Markovac and Crkvine, seized ammunition and burned down houses. Serbian volunteers in combat with about 200 insur gents East of Lom.
10 Enemy dead, 1 volunteer wounded."
And then the report for the 18th of February -- these signatures here are all typed:
"718 Infantry Division: Reinforced Infantry Regiment 750, early today started advance from Dudica against Prijedor. First contact with the enemy already 2 ½ kilometers South of Dubica. Bulgarian mopping up operation in the area South of the Prokuplge-Doljevac is being continued. Additional losses: Bulgarians: 11 dead 14 wounded, 3 missing. Enemy: 68 dead, 36 arrested. Arrestees shot to death after interrogation. During the withdrawal the insurgents took along all wounded and a large number of dead. On 16 February Serbian Auxiliary Police action against insurgents South of Bukuljabex. 17 enemy dead, 60 badly and slightly wounded and six prisoners shot to death. Pursuit of the band in a Western direction taken up by III Battalion 721 Infantry Regiment. Attack under way on the band encircled in Planinica 741 Infantry Regiment made search of village and district of Valjevo, 1st Company of the 721 Infantry Regiment Pinosava, 11 Company/721 Infantry Regiment Gorovic 41 suspects arrested and turned over for martial law investigation.
Near Kumane and Milinci 2 acts of sabotage. 1 culprit shot to death immediately, 93 arrests by police organs for the execution of reprisal measures. 17 February Belgrade, 43 arrests."
And again, as in all three of these reports, the signature is typewritten.
On page 43 of the German and page 54 of the English is NOKW-1255which is offered as prosecution's exhibit 177 in evidence. This is again a series of reports from the Plenipotentiary Commanding General in Serbia to the Wehrmacht Commander Southeast. Under date of 10 February 1942 he reports:
"Croatia: Worth considering seems to be the parachute jump during the night 4/5 February near Kosutica by an English Major and an English as well as two former Jugoslav Sergeants from a British plane which supposedly flew from Alexandria.
It was possible to capture the parachutists. Material dropped could be secured.
5) "Losses during the period 26 January 5 February 1942: Germans: 8 dead, w7 wounded; Croats: 4 dead, 7 wounded; Enemy: 128 dead, 318 arrested, in Belgrade 152 arrests, 3484 retaliations ordered."
And then the distribution list.
And then again for the 20th from the same source to the same addressee: "Losses during the period 6 -15 February 1942"; the German losses 5 dead, 2 wounded; Croatians: 60 dead, 92 wounded, 229 missing; Bulgarians: 4 dead, 7 wounded, 783 dead; 281 arrested, 181 arrests in Bedgrade, 3484 executions by shooting are being carried out."
Then turning to page 45 in the German and 57 in the English Text is Document NOKW-1147 which is offered as prosecution exhibit 178 in evidence. This is a appendix to the operational report of the 718 Infantry Division with reference to the treatment of elements of the population. It is dated 20 November 1942 and was received 20 February 1942.
I believe there's an error in the text, if your Honor pleases -yes, the figure on the date should be 20 February. They have used the Roman numeral "II" for the month and if your Honors would care to look at the figure "1" appearing in "1942" it is obviously an Arabic figure and the figures "II" appearing for the month are Roman numerals. It should be 20 February 1942, the date as in the upper right hand corner, if your Honors please -- the day, then the month, and then the year.
THE PRESIDENT: The interpretation should be February 2, 1941?
MR. DENNEY: If Your Honor please, I believe it is 2 zero, roman numeral II, 1942, is it not? I had read it into the record "November" which I believe appears in Your Honor's book, and which I believe is an error.
THE PRESIDENT: It is February in our book.
MR. DENNEY: Over to the left appears the stamp of the 718th Infantry Division received 20 February, 1942:
Insurgents destroyed the railway line Banja-Luka-Prijedor at several places. Thereby the task of the Landesschuetzen Battalion 923 has come to nothing. So as to get the Landesschuetzen 923 out of Prijedor the 718th Infantry Division shall make an attack from Dubica on Prijedor.
I shall take over leadership of this operation as soon as I arrive in Dubica.
Instructions for battle: Cleaning up of the area is to be carried out only in so far as it is necessary for the given task.
Detection of the enemy is made difficult also in this operation by the known circumstances. All male Serbian inhabitants from 16 to 60 years of age are to be treated as if they were found in combat with us arms in hand. The Serbian villages on both sides of the road of advance are to be burned down - if we do not need them any longer as accommodations.
The report is signed, the signature is illegible, but Your Honors can see that there is some signature on it, and it is submitted by the prosecution, that it is that of the Commanding General of the 718th Infantry Division, one, "F-o-r-t-n-e-r".
On page 46 of the German, and page 59 of the English text, Document NOKW 1197, offered as Prosecution's Exhibit 179. These are some additional daily reports from the Commanding General Plenipotentiary in Serbia to the Wehrmacht Commander Southeast, all bearing dates in February, 1942.