77bb. This is an account in a different paper, the Novo Vreme, which was referred to in the Donauzeitung for the same date, the 27th of October, and recites the shooting of 50 Belgrade Communists for the attack on the 15th of the month on a German sentry, which resulted in his being wounded.
77cc. This is another recital of the incident first reported in Donauzeitung, and then in the last excerpt at 77bb, and now here:
"Novi List (Neues Blatt), 30 October 1941 "50 Belgrade Communists Were Shot "Zagreb, 29 October 1941" the shooting to death of 50 Communists for the attack on a German sentry.
77dd:
"Hrv. Narod (Kroatisches Yolk), 30 October 1941.
'50 Belgrade Communists Were Shot for Attacking a German Sentry.
"Zagreb, 29 October 1941 "The Belgrade newspaper 'Obnova' of the 27th of this month prints the following official information in heavy type on its front page:
"On the 15th of this month Communists attacked and wounded a German sentry. In retaliation for this malicious murder attempt 50 Belgrade Communists were shot today."
This again recites the same incident from a different paper.
77ee:
"Novo Vreme (Neue Zeit), 4 November 1941 "Retaliation for Cowardly Attack "Belgrade, 3 November 1941 "An authoritative source states:
"In retaliation for a cowardly attack on a German sentry on 3 November 1941 100 Communists and Jews were shot."
77ff:
"Serbia "Attack on a German Sentry "Berlin, 4 November 1941 "The Southeastern Radio (Suedostfunk) reports from Belgrade:
"According to the statement by an authoritative source, a number of Jews and Communists were shot Monday in retaliation for a cowardly attack on a German sentry."
77gg:
"Novi List (Neues Blatt) 7 November 1941 "In Belgrade 100 Communists and Jews Were Shot "Zagreb, 6 November 1941 "The Belgrade newspaper Novo Vreme of November 4th, 1941, prints the following official notification on its front page:"
And there again the same incident that was referred to on "77ee", with reference to the "shooting of 100 Communists and Jews for an attack on a German sentry 3 November 1941".
And the last page, 77hh - and this is for 6 November 1941:
"Kroatisches Volk, 8 November 1941 "100 Communists and Jews Were Shot in Belgrade "Zagreb, 6 November 1941."
And it refers to the Belgrade newspaper Novo Vreme which is "77ee" and recites the same incident of 100 Communists and Jews being shot for an attack on a German sentry 3 November.
The next pages are those other than the affidavit, which are part of NQKW 16939, which has been labeled 100B-26, and the pages will continue on, the first one being "77ii".
This is a placard to the population of Valjevo and neighborhood:
"Pursuant to proclamation of 20 October 1941, 50 hostages were shot to death as a reprisal measure because a member of the German Wehrmacht of the garrison Valjevo was wounded by bandits in the neighborhood of Valjevo near Iverak on 20 October 1941."
(Signed) "The Garrison Commander" 77kk:
"Proclamation from the Garrison Headquarters "Kragujevac, 21 October 1941 "The cowardly and treacherous attacks on German soldiers during the last week, during which 10 were killed and 26 wounded, must be atoned.
"That is why 100 residents of the country were shot to death for each German soldier killed and 50 for each German soldier wounded, a total of 2,300 - mainly Communists, bandits and their accomplices.
"In the future each similar case, even though it may be merely an act of sabotage, will be met by counter measures of equal severity.
"The Garrison Commander" Your Honors will recall in Exhibit 85 there is a reference to Kragujevac, and also in Exhibit 86, where there is a reference to 2200 Serbs.
7711:
"Garrison Headquarters Kragujevac Local Headquarters 22 October 41 "Proclamation:
If shots are fired from any house, all residents of this house from 15 years of age upwards will be arrested and shot to death.
"The house will be burned down.
"The Garrison Commander" 77mm:
"Serbs.
"The winter with its snow storms is right around the corner. The Communist bandits hiding in the forests will attempt to withdraw into the villages in order to find shelter and food among the peaceful peasants.
"The German Wehrmacht and the Nedic Government has resolved to clean up finally the Communist pest and to secure quiet and order for the Serbian population.
"It will not tolerate that these bandits find shelter with peasants, that they will be hidden there in order that they may again pursue their band activities in the spring.
"For this reason it is proclaimed that:
"Persons giving shelter to insurgents, "Persons not reporting their place of sojourn, "Persons supplying them with food, "Persons transmitting messages to them, "Persons committing acts of sabotage by their orders, "Persons supporting them either by working for them or otherwise will be considered insurgents themselves and will be shot to death.
"Serbs.
"The fate and the future of your families and your nation rest with you. You may choose between quiet, order peaceful work and reconstruction or annihilation as handymen of the Communists bandits."
Mr. DENNEY: The next page, which is 77n (for Nann):
No. 98 Received from District Headquarters Belgrade Text:
Serbs ...............
Certified that this poster of the German Military Occupation Administration was found in the library of the municipal authorities of the City of Belgrade which had received it officially.
MR. DENNEY: And this applies to the prior poster. Next 77oo (for Oboe) proclamation to "Citizens of Tschatschak: Our troops have left your city because you did not display any good will in the fight against Communist Bands. You, yours elves have felt the entire brutality and thirst for blood of the mercenaries of lost Red Moscow and of Jewish London. You saw the effect on your city of a small penal expedition by our dive bombers." Here the Germans use the term "penal expedition" themselves.
You, yourselves, must decide as to what will happen to your city and yourselves.
There are two possibilities:
1) You, yourself, liquidate the Communist Bands to the best of your ability or
2) You prevent the Communist gangsters from shooting from your city at any member of the German penal expedition.
If you do not choose either one, you may ascribe the guilt for the ruin of your city, of your family and of your own life to yourselves and to the monsters which have caused all that, to the Jewish - Moscovite Communist profit and to the beaten Slavic bloodhound Josip VISARIONOVIC DZUGASCHVILJ - STALJIN who fled from Moscow to the frontiers of Persia.
One of these days, the German Wehrmacht will restore order in Western Serbia and in your city. The best example for the methods applied are:
SAPAC, VALJEVO, the entire MACVA, VITKOVAC, VITANOVAC, ZICA, RIDNICA and the other villages through which the troops of the penal expedition of the German Wehrmacht have marched.
MR. DENNEY: And the last page will be 77pp (for Peter). Coming now to the last part of the offer, which was 100b-27, which was the affidavit of one George Kiessel, the first page of this is 77qq (for queen). "Minutes of Interrogation, recorded in the Military Prison Belgrade, 24 March 1947",
THE PRESIDENT: Pardon me, Mr. Denney. Is there any other identifying mark at the top of the identification of the exhibit?
MR. DENNEY:NOKW-1637, Your Honor.
THE PRESIDENT: And part of Exhibit 100b?
MR. DENNEY: 100b-27, Sir.
THE PRESIDENT: Thank you.
MR. DENNEY: And the first page is 77qq (for queen) "Present:
Vladislav Sambaher, Interrogator Mihailovic Leposava, Stenographer Georg Kiessel was brought in and answered the questions put to him as follows:
My name is Georg Kiessel. I was born in Nuremberg on 31 October 1907. Home address: Pommelsbrunn near Nuremberg. Profession: Senior Government Councillor with the State Police Main Office - Waffen SS: Untersturmfuehrer. Married to Ilse nee Daubenspeck. Father of 3 children.
The office of Military Commander Serbia was established in Belgrade on 20 April 1941. The 1st Military Commander was General der Klieger i.e. of the Luftwaffe Foerster. After a brief period of subordination to the OKH he was subordinated after a few days to the Commander-in-Chief 12th Army i.e. to the Wehrmacht Commander Southeast. This was General Field Marshal List in Athens, later in Saloniki. The Military Commander had at his disposal immediately subordinate to him a General Staff with Gravenhorst Lieutenant Colonel G.S.C. as its Chief and an Administrative Staff with the Prussian State Councillor Dr. Thurner as its Chief.
MR. DENNEY: And here, if Your Honors please, "Thurner" is spelled with an "h". As we have had in Exhibit 17, which he signed, the "h" was omitted in the English; but it is submitted that it is the same man that they are talking about. That exhibit is on Page 63 of Book I. "It was in compliance with conception of Military Administration that military interests took precedence over all other interests. This was necessary for the military security of the troops. Thus the General Staff did not only attend to military interests, as such, but it also represented military interests in so far as these impinged upon civilian matters, as for instance in the case of the police of the occupied country (number and equipment). Regional defense battalions and Field Gendarmerie units were available to the General Staff."
It was the duty of the Administrative Staff to render expert advice to the Military Commander. Even as far as numbers were concerned it was constructed in accordance with the system of a supervisory administration, i.e. its main task consisted of checking up on the administration of the occupied country only in so as far as German interests were concerned. For instance there was a civil servant for the Minister of Justice, a civil servant for the Minister of Culture etc. Thus all Ministries in so as far as they belonged within the competence of Administration had one civil servant each at their disposal. Another voice in Military Administration was the Plenipotentiary General for Economics, Consul General and NSFK (National Socialist Flying Corps) - Gruppenfuehrer Neuhausen. However he was subordinate to the Military Commander only formally i.e., in military matters. Directives respecting his specific assignments he received from Goering in the latter's capacity as head of the Four Year Plan. ....... .............................. Subordinated to the Military Commander as genuine outfits (Organe) were four Administrative Sub-area Headquarters: Belgrade; Smederevo; Pancevo and Vrnjacka Banja; Uzice later Sabac and Nish. They were set up by the OKH (Generalquartiermeister) outside of the country as self-sufficient structures.
The Feldkommandant (Commander of Sub-area Administrative Headquarters) was the actual representative of the Military Commander for his area. The organization and structure of his office corresponded essentially to that of the Military Commander, however on a much smaller scale. The So called Major with the Staff corresponded to the Ia with the Chief of the General Staff. The Ic corresponded to the Ic. There was a Law Officer and all other duties were concentrated in the hand of some officers. The so-called Administrative Group consisting of at most 3 to 4 officials corresponded to the Administrative Staff. The Administrative Group in due course was joined by 3 or 4 Economics Officers. As far as I can recall they worked in fields of agriculture and food which were included formally in the Administrative Group. The Feldkommandant was the jurisdictional authority for his area and simultaneously Garrison Commander, i.e. he was responsible for the preservation of public peace and order as well as for the discipline of his own troops. The General Staff Administrative Staff of the Military Commander could issue orders and/or directives to the Administrative Sub-area Headquarters where their affairs were concerned. In such a case both Chiefs signed: For the Military Commander in Serbia the Chief of the General Staff and/or the Administrative Staff. It was quite customary in current matters that the Chief himself let alone the Military Commander did not sign. Instead the corresponding Branch Chief and/or Group Chief of both Staffs - signed "i.A." by order, i.e. by order. The issuance of orders by the Economics Staff was very difficult. Neuhausen, who wanted to maintain his independence, channelled his orders through the Administrative Sub-area Headquarters by way of the Military Commander at the latter's request. I do not know the detailed channels since we were excluded from it. However since both the Military Commander as well as we ourselves disagreed with Neuhausen's system in essential points and Neuhausen on the other hand was supported by Goering's authority, the grotesque situation frequently developed wherein the Sub-area Administrative and District Headquarters - hence the authorities of the Military Commander - were obliged to carry out orders with which the Military Commander himself was in complete disagreement.
.........................
In the beginning of July 1941 the Chief of the Uniformed Police Berlin sent Police Battalion 64 with Major Josten as Commander to Belgrade as a police unit complete within itself. It was tactically subordinated to the Military Commander. Notwithstanding Thurner's objections General von Schroeder subordinated the Police Battalion to the General Staff.
MR. DENNEY: Here, if Your Honors please, you see this uniformed police battalion coming down and being subordinated to the General Staff. "The 3 Companies were transferred to Belgrade, Uzice and Valjevo. The Company in Belgrade was employed for guard duty but the General Staff also misused it for reprisal measures contrary to its real duties. (Operation Skela) and for special purpose employment of the Einsatzgruppe Security Police and for blocking off roads and also for reprisal measures."
The Commanding Officer as well as other officers of the Battalion protested against the last named employment so that Thurner finally succeeded in Berlin in having some influence on the Battalion beginning 1 October 1941. From this moment on all activity of the Battalion pertaining to reprisal measures ceased. Now, aside from the remaining armament tasks ordered partially by the Military Commander himself, its main duty consisted of training Volksdeutsche in the Banat for the tasks of Uniformed Police which was to be followed by the training of Serbs and Hungarians. Before the first course had been finished the office of the Senior SS and Police Leader had been installed, whereupon the Battalion came under the command of the Commander of the Uniformed Police General Nay who was with this office. I can make no further statements regarding its employment.
In my opinion the Staff of the Wehrmacht Commander Southeast knew of the subordination and employment of the Police Battalion. I base this belief on the following reasons:
DR. LATERNSER: Mr. President, I can feel that it is certain that a witness, where he can only testify in writing, cannot do more than he would be allowed to do if he were present here as a witness. It is recognized that a witness has to testify to facts. To testify as to opinions is no permitted for him. For the Tribunal has to form its own opinions, and when the defense objects, the Tribunal may also not receive opinions of a witness. This paragraph which starts -- that is, in the English version, "In my opinion etc," does not contain facts, but an opinion as is shown later. The witness, later on, gives a justification. That is something that is not permitted to a witness; and I therefore, move that the reading of this paragraph may not be admitted, and, inasmuch as it has already been read, this testify should be stricken from the record, which I move herewith.
THE PRESIDENT: The Tribunal is conscious of the rules of evidence to which counsel refers and we wish to state that we will give consideration only to facts presented and not to conclusions announced.
MR. DENNEY: l) When General von Schroeder subordinated the Battalion to the General Staff, Thurner protested so vehemently that a heated argument with the General developed who, thereupon, referred to the agreement of the Wehrmacht Commander Southeast to this subordination.
2) When I protested against the Operation Skela to Lieutenant Colonel Gravenhorst and at first requested an investigation, Gravenhorst expressly referred to the order of Chief of General Staff Southeast Foertsch. And it is submitted here that although an opinion is cited up above, this part clearly recites what the witness did.
5) In addition the General Staff of the Military Commander must report to the Military Commander Southeast regarding the employment of subordinate units. (These reports) also showed clearly how the Police Battalion was employed. The three occupation divisions transferred to Serbia were not subordinate to the Military Commander regarding training and command but to the so-called Corps Commander. And that is 69 in the English; that should be 65, under the command of army Lieutenant General Rader and the Chief of General Staff Colonel G.S.C. Kewisch. These were so-called Divisions of the 15th Wave; they were not assault divisions and were to be trained and equipped properly until they arrived in Serbia. As far as I can recall they were numbered 704, 714, and 717. The Division Generals I can recall were Brigadier General Hoffmann and his successor Brigadier General Hinghofer.
The staff of General Bader, like that of the Military Commander, was organized like the staff of a German Infantry Corps (Chief, 1a, 1c, 11a, 11b, 111, Intendant etc.).
THE PRESIDENT: Mr. Denney, pardon me. I take it that you will not be able to complete this document this afternoon?
MR. DENNEY: No, your Honor, there are still four pages.
THE TRIBUNAL: The Tribunal is personally conscious of the heat. Those associated with this Tribunal, I take it, are also conscious of that fact. That being the circumstances, we will-adjourn at this time until 9:30 Monday morning.
(The Tribunal adjourned until 28 July 1947 at 0930 hours.)
Official Transcript of the American Military Tribunal in the matter of the United States of America against Wilhelm List, et al, defendants, sitting at Nuernberg, Germany, on 28 July 1947, 0930, Justice Wennerstrum presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal 5. Military Tribunal 5 is now in session. God save the United States of America and this honorable Tribunal. There will be order in the court.
THE PRESIDENT: Mr. Marshal, you will ascertain if all the defendants are present in the courtroom.
THE MARSHAL: May it please Your Honors, all the defendants are present in the courtroom.
THE PRESIDENT: You may proceed, Mr. Denney.
MR. DENNEY: May it please Your Honors. On Friday, just prior to adjournment, we were considering the affidavit of George Kiessel, a former SS-Untersturmfuehrer, and this affidavit, if Your Honors will recall, is concerned with the organization and chain of command in the Southeast. There was one portion which I would like again to call to Your Honors' attention which we had just completed prior to the adjournment. That is on page 27 of the English, Document No. NOKW-1637, which is 100B-27, and is at page 77tt ("t" for tare). It appears opposite letter "2", and Kiessel is speaking here of a personal experience, although it appears to be an opinion, as pointed out by the defense counsel earlier. Nevertheless, at paragraph 2 he states:
"When I protested against the Operation Skela to Lieutenant Colonel Gravenhorst and at first requested an investigation, Gravenhorst expressly referred to the order of the Chief of the General Staff Southeast Foertsch.
And there we have a subordinate speaking of an order which he received from the Chief of Staff of the Wehrmacht Commander Southeast. Turning then to page 77uu, at the top of page 3 of the original:
"The staff of General Bader, like that of the Military Commander, was organized like the staff of a German infantry corps (Chief, Ia, Ic, IIa, IIb, III, Intendant, etc.)
. Only the Ib was lacking, i.e. the quartermaster branch which the Military Commander and the Corps Command had in common. It was the duty of the Corps Command to direct the management and training of the three divisions. Regarding commitment (of troops) General Bader had to take orders from the Military Commander in the latter's capacity as so-called Territorial Commander. However, the operational and tactical execution was exclusively his affair. Because of personal differences the connection was such a lax one that in practice General Bader and his General Staff regulated all measures pertaining to troop command and troop employment according to their own discretion. The immediate subordination of the Corps Command to Military Commander Southeast enabled General Bader of course to request direct orders from there personally. It was significant of the situation, for instance, that during the first visit of General Field Marshal List in 1941 List landed first in Nish asking General Bader but not the Military Commander to come there so that the General Field Marshal received his first local information from the Troop Commander and not from the Military Commander.
"Notwithstanding the report of General Field Marshal List 23 August 1941 in Belgrade - after Nedic had been appointed Prime Minister - the OKH sent Boehme, Lieutenant General of Mountain Troops, with the staff of the XVIII Mountain Corps, which was in Greece, to Belgrade with the mission to suppress the insurrection. Boehme bore the title of Commanding General and Commander in Serbia. This double title obviously was to show authoritatively that he was simultaneously the superior of Military Commander Dankelmann and of the troop commander Bader."
And it is submitted that this supports the earlier exhibits, which Your Honors will recall, where List, in September 1941, requested that Boehme be sent there, and then the OKW order, ordering Boehme there, and List of course sending him there, where he became the Supreme Commander for the area of Serbia, responsible only to List, and of course, subsequently too for the Armed Forces Commander Southeast. "Anything regarding military organization and units was subordinated to him."
That, of course, is speaking of the Commander General and Commander in Serbia.
"Chief of the General Staff was Pemsel, Colonel, GSC. Otherwise his staff was organized like a real corps staff (as above) which however was particularly suitable for combat. Genuine combat divisions put at his disposal were the 342nd Infantry Division, which, as far as I know, came from France, and the 113th Infantry Division. When Boehme had reported to the Wehrmacht Commander SE that the insurrection in Serbia had been suppressed and that peace had been restored, he was recalled with his entire staff. At the end of November or beginning of December he went to Salzburg with his entire staff...
"The office of the Wehrmacht Commander Southeast developed from the General Staff of Commander-in-Chief 12th Army General Field Marshal List. This event was a result of a political argument between the OKH and the OKW whereby the OKH was eliminated from the Balkan area in so far as command authority was concerned. The designation Wehrmacht Commander did not only designate the subordination of all troop units but the quality of territorial commander and bearer of the sovereignty of the Reich."
And this, of course, is submitted to show the vast powers which were held by the Armed Forces Commander Southeast, List, at that time, and his subordinate, or his follower, Kuntze, and then those who followed him.
"I am not acquainted with the detailed organization of the staff. Senior Military Administrative Councillor Dr. Parisius was with the Staff in charge of affairs of the Military Administration in its narrower meaning, that is to say, affairs of the Administrative Staff. Chief of General Staff was the later Brigadier General Foertsch. Colonel GSC Josef Kuebler was Ia up to November 1941 and he was followed by Brigadier General Macher. Lieutenant Colonel GSC Pfafferoth was the Ic. He later became Chief of the General Staff of Combat Group Bader. There was an extremely close connection between the General Staff of the Military Com mander in Serbia with the General Staff of the Wehrmacht Commander Southeast.
Gravenhorst repeatedly emphasized to me that he had daily telephone conversations with Foertsch."
And then, of course, this sets up the Command Staff connection between those units and the statement that there were daily telephone conversations with the defendant Foertsch.
"Colonel Kewitsch also had very close connections with Foertsch."
Of course, Gravenhorst is the Chief of Staff of the Military Commander, and Kewitsch is Chief of Staff to Bader.
"In addition regular reports of the General Staff and extra immediate reports in case of special events kept the General Staff of Wehrmacht Commander Southeast currently informed. A regular monthly report had to be made by the Administrative Staff regarding its activities which also had to be submitted to the Wehrmacht Commander. In turn the Wehrmacht Commander Southeast published a situation report in which it was stated literally several times that the Military Commander Serbia did not agree with the opinions of the Administrative Staff.
"The first reprisal measures which became know to me were carried out by order of General von Schroeder between 28 June 1941 and 10 July 1941 for an attempt to dynamite a grandstand. According to the statements of the General and of von Gravenhorst these orders had been approved by Wehrmacht Commander Southeast. During the many arguments I had with Gravenhorst during the following weeks he simply asserted that he had been empowered to request ten reprisal victims for one German victim."
Now, the Gravenhorst here is the same one, the Chief of Staff of the Military Commander Serbia, and here Kiessel is talking about Schroeder who was then the Military Commander Serbia; and he says that according to the statements of General Schroeder and Gravenhorst as Chief of Staff these orders for the execution of reprisal measures came from the Wehrmacht Commander Southeast, which at that time, in June and July 1941, was the defendant List.
"As I was told after returning from my father's funeral, fifteen persons had been hanged for this attempted plot. They had nothing at all to do with the affair but five of them, by the express order of von Schroeder, were reported to have been Jews. Before the start of the insurrection, i.e. before 22 June 1941, the General assigned the Belgrade population to guard duty liable with their own person because of several destructions of telegraph poles. At the time we had been successful in deterring him from seizing hostages in connection with that affair. Furthermore I know - through a report from Acimovic - of the shooting of hostages in and near Uzice after the attack on General Lontschar."
And Your Honors will recall the attack on General Lontschar, which has been the subject of discussion at earlier times.
"I immediately telephoned the Administrative Group Chief of SubArea Administrative Headquarters, Dr. Dietrich. But he told me that the operation, which was known to his office also, had been carried out by the troops because of the attack on the Regimental Commander and it was done without the participation of Administrative Sub-area Headquarters.
A further reprisal measure known to me is the case of the village of Skela. Arriving at my office on that morning I found a note by Gravenhorst asking to come to a conference. This conference was already underway. Some officers of the General Staff and 2 Police Officers participated. Gravenhorst was dictating strict orders to one of the police officers according to which a number of men, if I remember correctly, - about 50 were to be hanged in the village of Sjela and the village to be burned down. Thereupon I asked Gravenhorst to interrupt the conference and went outside with him to ask him what had happened. He explained that a 1st Lieutenant of the Police Battalion and 3 to 4 men returning from Sabac to Belgrade had been attacked near Skela and killed. Their bodies had been thrown into the Save. To my query as to whether an investigation had been conducted, I received a negative reply. The report sufficed him. This gave rise to an unusually vehement altercation between us and he defended himself with the explanation that the order had been issued and had to be carried out and that he had to explicit approval of the Chief of the General Staff Wehrmacht Commander Southeast Brigadier General Foertsch to proceed with such severe measures. I asked him why he had called me at all and he told me I was to inform the Serbian government of the impending measure. General Dankelmann, if my memory serves me right, did not play any part at all in the Skela events. All I can remember is that his name stood at the end of the subsequent proclamation to the population. Along with the severe orders which he brought to suppress the insurrection General Boehme also transmitted the order to the troops (Fuehrer Order) according to which 100 Serbs were to be shot to death for 1 dead German. The independent reprisal measures of the 342nd Infantry Division in the Macva and the incidents in Kragujevac and Kraljevo were a result of this. Boehme allegedly did not hear about this until later".............................
This Fuehrer order that they are talking about, it is submitted, is the Keitel order, Exhibit 53 of 16 September 1941 which is at page 67 in Document Book II, and the Boehms order of 10 October 1941 is Exhibit 8 which is at page 34 of Book III, and this whole thing shows the military in connection with the police and the SS people getting together and discussing this Skela operation, and then the chief of the military commander Serbia telling this affiant Kiessel that this reprisal measure for the attack on the Lieutenant of the Police Battalion and three to four men had been ordered by the Chief of the -- that is, that he had the explicit approval of the Chief of the General Staff of the Wehrmacht Commander Southeast, Brigadier General Foertsch, to proceed with these measures and that the order had been issued and had to be carried out.
And turning over to page 74 -- YY, "All orders of the OKW went by normal channels via Wehrmacht Commander Southeast to the Commander in Serbia," so it is submitted that that establishes the fact that the orders from OKW did not by-pass the Wehrmacht Commander Southeast and come down to the Plenipotentiary and Commanding General in Serbia as well as the Military Commander Serbia, but that they all came through the Wehrmacht Commander Southeast first.
"I know that in 1941 the Security Police frequently exchanged information with both General Staffs and that the Security Police participated in several operations. The Administrative Sub-area Headquarters also informed us of arrest actions carried out by order of the General Staff whereby the arrestees had to be transferred to the Security Police in Belgrade. When I say 'two Staffs' I refer to that of the Military Commander and that of General Bader."
Now here as early as 1941 the Security Police. Your Honors recall the reports of Security Police and SD have been issued from Berlin at various times beginning with October 1941 setting forth what has happened down here and here they have been exchanging information and the Security Police participating in operations and that the arrest actions were carried out by them by order of the General Staff, whereby the arrestees had to be transferred to the Security Police in Belgrade and the affidavit continues:
"The above has been read to me, it entirely corresponds to my own statement which I made voluntarily and without any compulsion. (Signed) George Kiessel." There follows then the certificate of Colonel Zvonimir Ostric, Delegate of the Government of the Federated Peoples Republic of Yugoslavia with the Office of Chief of Counsel for War Crimes.
That concludes this Exhibit, and now Mr. Fenstermacher will continue with a new book.
THE PRESIDENT: Mr. Fenstermacher, will you wait just a few minutes until we get our paper ready?
DR. LATERNSER: Your Honor, in consideration of the statement which has just been read, I would like to ask the Tribunal to ask the prosecution that this witness be called for cross-examination by the defense. The witness has as his own statement shows -- he has testified about matters which he cannot testify to. Your Honor, I would ask that the witness Kiessel, whose statement has just been read, be called.
THE PRESIDENT: Just a moment, please. There is trouble here in the translation.
(There was a short delay due to mechanical difficulties.)
DR. LATERNSER: Your Honor, I am repeating. I am asking that the prosecution make available to the defense the written statement of the witness Kiessel, that the witness Kiessel has dared to make statements which he cannot make, which he is not in a position to make; for it he could make them, he would have had to be present, for instance when he says that all orders by the OKW went via the Commander Southeast and the Commander Serbia. He can indeed only say that if he had been constantly with the Supreme Commander Southeast. However, he was never there really. I just like to point out this one item. Since the witness makes statements referring to important material matters and voices opinions, I believe that the defense is justified to ask that a witness who malies such important statements be put at the disposal for cross-examination.