b) By increased training of the searching commandos and patrols.
The entire control of the island is to be organized and directed by the sector commander. All planned patrol and other operations are to be reported to them. At his discretion he can request troops of all Wehrmacht branches for guard duty in his sector in so far, as he does not thereby endanger their special assignments (For instance anti-aircraft).
3.) To 2.a) is ordered
a) The guard of the islands must be increased to the extent the occupation forces are increased. Through frequent maneuvers in the terrain, particularly in remote parts of the island, through regular sending of patrols even into rough areas up to the remotest mountain villages, the population must become aware again it cannot escape the German Wehrmacht guard at any spot on the island.
b) This guard must be carried out not only by the Infantry but by all branches of the Wehrmacht. Precisely those troops that are permanently stationed (for instance, coast artillery, flak) will welcome being sent on patrol as a change from service with the troops.
d) All guard assignments are to be carried out with arms because the bandits are equipped both with machine guns and machine pistols.
e) The guard must fulfill its duties especially well at night.
4.) To 2.b) is ordered
a) All leaders of patrols must adapt themselves to the methods chosen by the enemy in band combat. The enemy fights with cunning. The combat will admittedly be hard.
b) The unit employed is to be instructed on its task and prepared for the difficulties awaiting it by briefing as well as by physical training.
5.) Carrying out of the Guard Operation A difference must be made between guard and search operations.
Generally, the search operation will be ordered by the Commandant of the Fortress, but may become necessary during a patrol operation if the pursued men find refuge in a village or the patrol are shot at. In such a case the leaders concerned will act on their own authority and responsibility. Consequently only experienced soldiers are to be used as leaders.
In the same way sector and sub-sector leaders can order searches on their own authority where there is danger in delay.
However, all independently executed search operations are to be reported immediately after wards to the Commandant of the Fortress Crete.
6.) Insofar as the population behaves loyally correct treatment is indicated. Exaggerated hospitality is to be rejected. Inappropriate confidence in the inhabitants of the country, particularly in those working for the Wehrmacht is to be opposed sharply. One must be on the alert everywhere for spies and informers.
7.) The unit may - for search operations - find it advantageous to ask the cooperation of the Secret Field Police and of the Field Gendarmerie
8.) It is forbidden that the unit take reprisal measures subsequent to a search action without approval by the Commandant of the Fortress Crete. Should such measures be necessary this approval is to be secured with all possible speed.
9.) Drum-head court martials are not necessary on the island since summary courts are available at any time. (KSTVO 13s).
10.) A short report on all guard and search operations is to be submitted to the sector commander. He will pass on important points to the Commandant of the Fortress.
11.) Otherwise all guard operations are to be carried out according to the policies laid down in the "Order for the Defense of the Island of Crete" (1300/42 1.11.42).
(signed) Braeuer Generalleutnant And the distribution to the Regiments, and also to the 3 Summary Courts of Division, one of the Division, one of the Fortress Brigade and one of the Commandant of the Fortress and a handwritten note at the bottom:
"All civilian officials to be notified." The "2" is illegible.
We now come to the document which is to be inserted which is NOKW 1710. It has two pages and we ask that they be inserted as pages 170 a and b in the English text and 166a and b in the German text. This is offered as Exhibit 241. Three copies have been handed to the court; there are 11 copies for defense counsel; a copy in English and German each for the interpreters and reporters.
This is a communication of 14 December 1942 from the 187th Reserve Division and it is distributed down to its three component regiments, Artillery Battalion, and other copies within the Headquarters unit. It is to be noted that this is passed on only through hands of officers.
(Handwritten notations)
Enclosure 7 II b n 187th Reserve Division Dept.
Ia File 11 Local quarters, 14.12.42 No. 42/ 42 top secret Top Secret 8 copies.
7th copy.
Reference:
1) Teletype of Wehrmacht Commander Southeast (12th Army) No. 3370/42 top secret, of 7.12.42.
2) Teletype of Wehrmacht Commander Southeast (12th Army) No. 3371/42 top secret, of 7.12.42
3) Teletype of Wehrmacht Commander Southeast (12th Army) No. 4852/42 secret of 8.12.1942 Refer:
4) Teletype Wehrmacht Hq. XVII Dept. Ib/Org. No. 1177/42 top secret dated 12.12.42.
5) 187th Reserve Division Dept. Ia File 11 No. 402/42 secret of 12.12.1942.
ONLY THROUGH HANDS OF OFFICERS Subject:
Intensified combatting of bands.
In this case: formation of Reserve groups.
I.
With the overall situation in the Mediterranean area, becoming spread the enemy powers will seek to create the prerequisites for a new front in Europe by supporting the insurgent movement in the Balkans.
The combat of partisans in the Croatian territory must therefore be conducted ruthlessly and with the utilization of all available means. The method of combat must be adapted to the methods used by the insurgents. Surprise, speed, cunning and ambush, attacks, reconnaissance and effective reprisal measures (hostages) represent means which will suppress band activities.
All measures, which serve to reinforce the fighting strength and appear to contribute to the solution of specific problems are correct. There should not be any bureaucratic impediments.
And the courts' attention is called to the references to the various communications in this connection from the Supreme Commander Southeast.
And the last document in this book is NOKW 1489, which is offered as Prosecution's Exhibit 242 and is on page 171 of the English and 167 of the German. This is the Hitler order which appeals the earlier Hitler order of 9 June 1941 which was placed in evidence as Exhibit 15 at page 55 on Document Book I and although we don't come to the portion until the end of the document perhaps we ought to call the court's attention to it at this time. It does not appear until the last paragraph on page 178. This is dated 28 of December 1942, transmitted by officers only, 24 copies of which this is the 10th.
Instruction No. 47
I.) The situation in the Mediterranean area renders feasible an attack on Crete and the German and Italian footholds in the Agean and the Balkan Peninsula in the not too far future.
It must be expected that this attack will be supported by revolts in the western Balkan countries.
The augmented influence of the Anglo-Saxon powers on the attitude of Turkey demands increased attention in that direction.
11.) Based on this situation and on the development in North Africa I transfer the defense in the Southeast area including the neighboring islands to the Wehrmacht Commander Southeast who as "Commanderin-Chief Southeast" (Army Group E) is directly subordinated to me.
For the carrying out of the coastal defense the rules of instruction No. 40 are valid.
The army forces of the allied powers will be directly subordinated to the Commander-in-Chief Southeast tactically only in the case of an enemy attack.
The Naval and Air Forces of the allied powers will then be submitted tactically to the High Command of the Headquarters of the corresponding German Wehrmacht unit.
This chain of subordination will be made effective by special orders.
For the preparation of such defensive combat the following tasks devolve on the Commander-in-Chief Southeast:
1.) Preparation for defense along the coast with main efforts in the Dodekanese, Crete and the Peloponnesus which are to be developed for fortresses. (Exceptions Mytilene and Chios).
2.) Final pacification of the Hinterland and destruction of the insurgents and bands of all kinds in cooperation with the Italian 2nd Army.
3.) Preparation of all measures which become necessary in case of an enemy attack with the aid or consent of Turkey against the Balkans, in agreement with the Bulgarian High Command.
In addition the Commander-in-Chief Southeast controls for the German area: 875 macht committed in the Southeast, according to their request and the transport space available for the purpose.
Decisions in all questions which result from the unified Command of all transports and communications in the occupied Southeast area for all three sections of the Wehrmacht.
Organization of Command
A) In the German area:
1.) The Commander-in-Chief in the Southeast is the supreme representative of the Wehrmacht in the Southeast and exercises executive power in the areas occupied by German troops.
He supervises the Civil Administration established by the Commanders and the Commandant of the Fortross Crete.
The subordination of the Wehrmacht Commander Southeast under the Commander-in-Chief, South, is cancelled as of 1 January 1943.
2.) Subordinated to the Commander-in-Chief Southeast are:
a) For the area Croatia "The German GeneralPlenipotentiary in Croatia" (except for his position as Military Attache) and "The Commander of the German Troops in Croatia".
b) For the area Old Serbia "The Commanding General and Commander in Servia."
c) For the area Saloniki and the islands Lemnos, Mytilene, Chios and Strati as well as for the neutral zone towards Turkey in Thrace, the "Commander Saloniki - Agean."
d) For the area of the port of Piraeus, the quarters and area of the German troops in Attica as well as the island Melos the "Commander Southern Greece."
e) For the area Crete "The Commander of the Fortress Crete."
f) The "Admiral Aegean" in all questions of coastal defense.
g) The "Military Attache in Sofia" in the scope of his tasks beyond the asks of an attache. For the Navy the limits existing up to now between Navy group
3.) Luftwaffe:
a) Command of Air Warfare aa) The Command of the Air Warfare in the entire Mediterranean area, except for the Mediterranean area belonging to the south of France, remains the task of the Command in-Chief South.
He receives instructions for the conduct of battle.
(1) in the middle Mediterranean through the Commando Supreme.
(2) in the eastern Mediterranean and the Balkan area through the Commanderin-Chief of the Luftwaffe, according to my directions.
The Commander-in-Chief of the Luftwaffe and the Commando Supremo adjust their essential intentions for the conduct of aerial warfare with one another.
bb) In order to guarantee in joint combat actions especially in the costal defense the centralized conduct of battle in the eastern Mediterranean and the Balkan area, the Commander-in-Chief South must designate a Headquarters which cooperates with the Commander-in-Chief Southeast with regard to the command of air warfare in that area. To this also belongs the preparation of the ground organization in the Balkan area, and the preparation of cooperation with the allied powers in case of enemy a attacks.
b) Air Defense:
aa) Preparation and command of the air defense in the Mediterranean is the task of the Commander-in-Chief South under the Commando Supremo.
bb) In the Balkan area the preparation and command of the air defense is incumbent on the Commander-in-Chief Southeast, according to the instructions of the Commanderin-Chief South, in order thereby to establish uniformity of Command of the Air Warfare also for the eastern Mediterranean.
B) The preparation of the conduct of battle and the internal pacification of the country is to be guaranteed by close cooperation with the allied powers. In cases where it has not yet been done, Liasion officers are to be exchanged.
1). Italy:
a) Army:
Instructions considered necessary for the Italian area are to be submitted to the High Command of the Wehrmacht and synchronized by the latter with the Commando Supremo, who then gives the corresponding orders to the Italian armies operating in the southeast area.
b) Navy:
Instructions of the Commander-in-Chief Navy Group south to the Italina Admiral Dodekanes intended for preparatory measures are to be submitted to the Operations Division by the Navy Group South as orders in draft, and the Operations Division decides upon the corresponding orders together with Supremarina. The orders in question are issued by Supermarina after the consent of Commando Supremo has been obtained.
c) Luftwaffe:
Instructions considered necessary for the Italian Luftwaffe in the southeast area are to be submitted to the Commander-in-Chief South who synchronizes them with the High Command of the Italian Luftwaffe after having obtained the consent of the Commando Supremo, and effects the issue of a corresponding order.
2.) Bulgaria:
A similar procedure in cooperation with the Bulgarian Wehrmacht is being strived for (the result of the conversations with the Bulgarians is not yet available).
3.) Croatia:
The cooperation with Croatia and the utilization of the Croatian Wehrmacht continues as previously. It is the duty of the Commander-in-Chief Southeast, and the headquarters of the German Navy and Luftwaffe, to guarantee the centralization of preparations for defense in the entire Southeast area and they are authorized to examine the measures ordered for the purpose.
IV.) The Commander-in-Chief Southeast possesses all powers of a territorial Commander in relation to the three sections of the Wehrmacht and the Waffen SS in those parts of Croatia, Serbia and Greece including the Greek islands, occupied by German troops.
The areas exclusively occupied by German troops form an Operational area there, the Commander-in-Chief Southeast holds executive power via the Commanders subordinated to him.
Those parts of Croatia occupied by German troops or in which German troops operate are also counted as operations areas.
In the areas belonging to the Italian area of occupation in which German troops are located, he holds supreme military rights for all parts of the Wehrmacht insofar as it is demanded by Military tasks of the German Wehrmacht.
For the limits of the authority of the Commander-in-Chief Southeast, with respect to the "Plenipotentiary for the Reich for the Reich for Greece", see the enclosure.
V.) Instructions No. 31 of 9 June 1941 and OKW No. 5551743/42 Top Secret Chiefs of 13 October 1942 are hereby cancelled.
Signed Adolf Hitler Certified Correct:
(signature)
Freiherr von Buttler Colonel in the General Staff Distribution:
General Staff of the Army/Operations Department 1st Copy Organization 2nd Copy General of Engineers and Fortresses 3rd Copy Chief of Army Equipment and Commander of the replacement Army 4th Copy Luftwaffe and Navy 5th Copy and 6th Copy Commander-in-Chief Southeast 7th Copy Commander-in-Chief South 8th Copy German General at the Headquarters of the Italian Wehrmacht 9th Copy And thereafter the copies went to the OKW, and the copy which we have is No. 10, which went to the Chief of OKW.
Then the enclosure, which bears at the top the words "Enclosure to No. 552273/42," which is the order number of the original order on page 171.
Limits of Authority of the "Plenipotentiary of the Reich for Greece" and the Commander-in Chief in the Southeast"
I.) The relations of the "Plenipotentiary the Reich for Greece" and the "Commander-in-Chief Southeast" between one another and toward the Greek government result from the following:
a) Fuehrer Decree of 28 April 1941 for the Plenipotentiary of Reich in Greece":
"1.) I appoint a 'Plenipotentiary of the Reich for Greece'. His office is in Athens.
2.) The Plenipotentiary of the Reich has to represent until formal diplomatic relations are taken up with Greece, the political, economical and cultural interest of the Reich in Greece with the new Greek government.
3.) The Plenipotentiary of the Reich has furthermore to establish the necessary contact with the Italian offices of occupation for the carrying out of his tasks."
And that is the order of quotation from decree of 28 April.
b) "The executive power is carried out by the Commander-in Chief Southeast in the areas occupied by German troops.
II.) The Commander-in-Chief Southeast has to support the Plenipotentiary of the Reich and to synchronize his own measures in Greece with the latter.
III.) The tasks in the political, economical and cultural sphere till as a rule devolve on the Plenipotentiary of the Reich.
The negotiations with the Greek government for the representation of interests of the Reich in the above mentioned sphere are incumbent on him.
The Plenipotentiary of the Reich in Greece informs the Commander-in-Chief Southeast about those questions of foreign policy, the knowledge of which is necessary for the carrying out of his military tasks.
IV.) In military instructions which may have reprecussions on foreign policy, the Commander-in-Chief Southeast has to reach a prior agreement with the Plenipotentiary of the Reich for Greece, insofar as the military situation will permit.
V.) The control of propaganda in Greece insofar as Germany is concerned is the task of the Foreign Office which cooperate for that purpose with the High Command of the Wehrmacht (WFSt/Wehrmacht Propaganda).
That concludes this book.
I would like to offer the pages which are at the end of Book VIII. Three copies for the Court, to be inserted at the end of Book VIII. Page 103-A and numbered Exhibit 215-A, for identification. Three or four copies for defense counsel, a copy for the interpreters, the stenographers and Major Hatfield. And this of course, is numbered, solely for the purposes of identification, as has been the rule before.
THE PRESIDENT: Have you given it an identification mark?
MR. DENNEY: Yes, Your Honor, it is to be marked 215-A, for identification, and is to be paginated page 103, A and B, for Document Book VIII; and in the German the pagination, I believe, will be, -- can you tell me the last page in the German Book VIII, Dr. Laternser, please?
DR. LATERNSER: 77
MR. DENNERY: In the German book it will be pages 77-A and B, I should like at this time, if defense counsel have no objections, to renew the offer of the balance of Exhibit 100-B, in evidence, the first part being the pictures which were submitted to defense counsel yesterday, and then some newspaper clippings, copies of placards that were posted, and then an affidavit by one George Kiessel. All of these are from the National Commission for the investigation of War Crimes of Yugoslavia.
DR. LATERNSER: Your Honors, I object as well against the submission of the pictures, as well as the record of the interrogation and the statement of George Kiessel.
First of all, regarding the pictures, I want to say this: Most of these pictures represent, undoubtedly, the killing of human beings. All countries know the death sentence according to legal procedure. In England, for instance, death sentences are, on principle, carried out by hanging, but even without a trial, according to International Law, the execution of a person may be carried out in the case of a reprisal; so this on this matter, Your Honor, I refer not only to the International Law, but also to the rules of your country which are laid down in the rules of Land Warfare, issued in Washington in the year 1940, you will find that they are expressly laid down, and this rule of the Surrogate, in see 58 B of this regulation, it says expressly: that for certain cases the killing of hostages is said to be admissible.
Your Honor I say this for the following reason. By the submission of pictures on which -- well the killing of human beings is represented, it cannot be proved that by the execution of these murders or killings a War Crime has been committed.
I will refer to the individual pictures in detail. These pictures are certainly not very beautiful. It is a great lack of tastefulness to make such pictures, but this lack of taste is not only committed by Germans.
In the Kesselring trial which took place before the British Court, the question arose also regarding such evidence. The Court, at that time only accepted in evidence photographs when witnesses could at the same time testify when the photograph was made, where it was made, and what it was supposed to represent.
In my opinion this principle should be taken into account by this Court.
Now to the individual pictures:
The Picture 2412 represents three persons hanged by the neck. It cannot be established, Your Honor, who has hanged these persons. It is known to me, and I maintain, that the inhabitants of the hinterland which were unwilling to follow the orders of the partisans, were hanged by Partisans.
I do not know either whether these persons have been hanged after a legal trial. I do not know either whether they were hanged within the framework of a reprisal admissible under International Law. For this reason I object to the submission of this photograph.
The photograph 2809 also represents an execution. It can only be submitted as proof of any illegal action if at the same time the prosecution proves that this execution did not take place after legal sentence, or not within the framework of a reprisal contrary to International Law. For this reason, I object to the submission of the Photograph 2809.
For the same reasons, Your Honor, I object to the photograph 2805. Here again there is a definite possibility that it was preceded by a legal trial. The same reasons also speak against the acceptance of a picture No. 2806.
Now as regards the photostat, No. Y103, in this case it is a placard or poster fixed on a wall that has been photographed. This poster contains no date, whatsoever but if a date is not established, the court will not be able to find out which of the defendants can be blamed for instance, for this poster.
Supposing, of course, that one can see in this poster, a commission of a war crime. For this reason, because of the lack of any definite data of this piece of evidence, I object to its submission.
Now let us turn to picture 889. Here again the picture can only be used if additionally it can be proven that this shooting did not take place after a legal trial, and not within the framework of a reprisal admissible in International Law.
The same reasons are applicable against the admission of picture 22, against picture 26, against picture 33, against picture 24, and photograph 32.
I also object to the submission of picture 2695. The picture represents a burning house. In the foreground German soldiers. What is to be proven by that?
First of all the picture does not show who set fire to this house. It does not show either whether the destruction of this house took place during combat. We all know that during war, many houses have been destroyed. Should this house - we will take the worst case have been set fire to by German soldiers, then a justification for the setting fire to this house may have been good. The justification of setting fire to this house, I also refer to the American Rules of Land Warfare, in which it says expressly that villages and houses from which hostile actions have been committed may be burned down.
This follows quite clearly from paragraph 358 (g) of the American Rules of Land Warfare. Accordingly, this picture, because it does not represent anything, must be refused.
The picture 995 represents the shooting apart from a thing that can be seen with any certainty in my view; I don't know what the original photograph looks like, or by whom this shooting was carried out. ... The prosecution handed the original to Dr. Laternser for his inspection ...
This picture can also only be used if the prosecution proves additionally that the shooting did not take place ..... legal trial, and not within the framework of a reprisal admissible under International Law.
Picture 149, shows dead persons. It would have to be proven who has killed these people; and when that has been proven, and if it turned out that the dead persons had been killed by Germans, then in addition to that, it would have to be proved what I have repeatedly said.
For the same reason, I also object to picture 161. It is from my copy hardly possible to say what it is supposed to represent.
For the same reasons, Picture 952 cannot be used.
Picture 1030 proves nothing at all. There are a various people on this photograph, and nothing proves that this is a picture of the Camp Savac.
DR. LATERNSER: Now, as regards the photostat No. "Y" I assume that there has been a wrong translation. I said that on this picture, 1030, a number of persons are shown. One can not see from this picture for what reason these persons have come together. It has just been pointed out to me that this may be a matter of a motor car race, and that the people may be spectators. The Tribunal will perhaps kindly look at it to consider its admissibility. Against Picture 953 I also object because on this picture only people who cannot be recognized are represented there. For instance, no German can be seen on this picture. For the same reasons I object to the submission of picture 954 in the appendix to it it is asserted that this woman, who is pictured on that photograph, has been hunted by the Germans to be shot while running. I want to draw the Tribunal's attention to the fact that opposite to the photographer's position there are presumably Germans. If these Germans had shot this woman, then the German who has taken the photograph would have been in great danger. Picture 147 further does not prove who has killed the dead persons. The soldiers pictured on this photograph--we can see the whole surroundings-don't carry any riffles. For the same reasons I object to the submission of Pictures 205 and 206. That, by no means, proves who has killed these people. Against the submission of Picture 204 I object because the picture does not prove anything. If this photo would be accepted, then any other photograph could also be accepted To Picture 861 I also object; to its submission, I also object for the same reasons as applied to the other pictures. I don't know whether the shooting took place after a legal trial, in the framework of an admissible reprisal. May I call the attention of the Tribunal to this. In the statement which is added it says that some of the victims gave some signs of life. It also says in this statement that this picture was made by a captured German soldier. That person who made this statement can not have found out more either than the person looking at this picture now; and from this it follows that the statement added to this picture was not made with the necessary care.
Those are the objections, Your Honors, against the submission of these pictures. I would like to justify my objections against the acceptance of the interrogation record of Kiessel. I object to this statement because this is not an affidavit. This statement was apparently made by Kiessel during his interrogation as a defendant. This statement of the witness Kiessel could be of considerable importance, and I want to point out that the Prosecution, in such cases, should be asked to present to the Court the best evidence available in every such case. And that in this case would be the witness himself.
MR. DENNEY: May it please, Your Honors, I would again like to turn to the original premise of the offer--the pictures, the affidavit, the photostatic copies of proclamations, and the phonostatic copies of newspaper excerpts--they are all official reports presented by the National Commission for the Investigation of War Crimes for Yugoslavia, and it is submitted that they are admissible, and they are to be given such porbative value as the Court determines.
DR. LATERNSER: May I say something quite briefly to this?
THE PRESIDENT: The ruling as expressed yesterday, as to 4a and 4b, 100a and 4a indicate our attitude as to the exhibits presented.
MR. JACOBSOHN (The Interpreter): Your key, Your Honor.
THE PRESIDENT: Repeating, the expression in this Tribunal in our ruling as to 100a and 4a, as expressed yesterday, indicate our attitude as to the exhibits here presented, and the objection will be over-ruled.
MR. DENNEY: These 24 pictures, Your Honor, are offered as part of Exhibit 100 (1 to 24), if that is agreeable.
THE PRESIDENT: Agreeable to the Tribunal.
MR. DENNEY: And then the excerpts from the newspaper and the affidavit, and the placards--the excerpts which start with the one for 5 August 1941--will be offered as 100b-25; and then the one starting out with the "Proclamation of the Population of Valjevo, and the Neighborhood," which is part of Document No. NOKW-1639, will be 100b-26, and then the affidavit of Kiessel, which is part of Document No. NOKW-1637, will be 100b-27. But it is suggested that they be inserted following a prior insert, which follows page 77, and the first picture will be 77p (p for Peter); and then it's submitted that we continue on through the alphabet, and then start out with double numbers.
THE PRESIDENT: Double letters.
MR. DENNEY: Double letters. Thank you Sir.
THE PRESIDENT: Do you propose to give some further attention to them?
MR. DENNEY: Yes, Your Honor.
THE PRESIDENT: Before you do that, it is now 3 o'clock, and we will now take our afternoon recess.
(The court recessed from 1500 to 1515)