The document which we now have before us is a report from General Bader in his new capacity, dated 22 December 1941, a report sent to the Administrative staff, Branch Ia, which Your Honors will recall is the operations staff.
The subject of the report is given and then the text:
"I command, that from 5 Dec. 41, in reprisal measures for German Wehrmacht members and "Volksdeutsche" killed, the following basic reprisal quota be imposed:
For 1 dead: 50 reprisal prisoners.
For 1 wounded: 25 reprisal prisoners."
The report is signed, "Bader".
Your Honors will note that the date, "22 December 1941", when it established reprisal quotas, they are reduced by General Bader.
Turning next to page 96 of the English, 78 of the German, Document NOKW 840 which is offered as Prosecution Exhibit 161, this is a basic directive of General Bader dated Belgrade 20 December 1941:
"Subject: Basic orders for the Winter".
With the commencement of the warmer season of the year, a flaringup of the unrest and the franc-tireur movement has to be taken into consideration, especially if the overall situation should make a withdrawal of large bodies of troops necessary.
All military and civilian offices have to adjust themselves to this possibility. The calm - perhaps only temporarily - must never lead to a slacking-off of security or too carelessness! Security and Conduct of Battle:
The divisions bear the responsibility that the installations to be protected remain undamaged and in working condition under all circumstances. They are to determine the strength of the occupying forces and provide for regular relief. The unit is not to become over-tired;
only salert guards fulfill their mission. Strong mobile reserves must always be ready to be thrown quickly into the threatened positions. Accordingly, the most important roads are to be kept free, also in Winter (snow !)
Surrounded units must break through by the concentration of all forces at their disposal. There is to be no negotiations with the enemy! The German soldier never surrenders to insurgents!
The completion of protective structures (guard towers) is to be pushed forward by the unit. They are to be occupied as soon as possible. The speedy completion of sufficient impediments (barbed wiring) is important.
The previously named security missions must in no case lead to waiting and passive conduct! It must be clear to each German soldier in Serbia that attack is the best protection against bandits who crop up. Therefore, wherever insurgents are confirmed, they are to be attacked, after thorough preparation. With sufficient forces, without order of Corps Command authorities, if possible, they are to be destroyed by sudden encirclements, but at least, however, to be scattered. Only thus can the organization and assembly of the enemy bandits be prevented. The insurgents must not even rest in Winter!
Such attack operations also afford as well the best opportunity for the schooling of officers and troops and must accordingly be taken up cheerfully for psychological reasons. Execution is to take place according to the directives for "Combatting Partisans".
Billeting itself is to take place everywhere according to warlike points of view. The quarters are to be erected basically for for defense. An officer is to live in the range of each unit constantly.
The following directives are given for the treatment of the Serbian population:
The Serbian population must be so educated and influenced that it endures no insurgents of any kind in its spheres.
It must learn to see its own greatest enemu in insurgents of all kinds.
In case of irregularities, the families, households, communities, etc. must be brought to responsibility ruthlessly.
All Mihailovic members are to be treated as insurgents and may not be given special treatments. The Serbian government is striving to make impossible a severe blow against the Mihailovic followers allegedly only forced - or at least to ameliorate it. This must be prevented.
In the same way, everything must be done in order to exclude a changing-over of Mihailovic followers into the legal Serbian organizations.
I call particular attention to the abstinence of all German Wehrmacht members from national - or other political questions - for example, relationships with Albanians or neighbouring states. In this territory, no soldier is to occupy himself with any sort of politics or propaganda which only leads to misunderstandings or to questionings of the highest authorities.
propaganda and ideological care:
Propaganda will be directed uniformly by the competent authorities of the Plenipotentiary Commanding General in Serbia.
It is of primary importance to seize the credible Serbian national population in the territories which have been re-occupied recently by our troops.
Through corresponding explanations in word and picture, suited to the mentality of this population - radio, press, leaflets, posters, etc. - a considerable pacification and a reasonable attitude of these classes of the people may be attained.
Last but not least the unit must try to gain the respect of the population through a determined unobjectionagle and just appearance.
I refer to the ideological education and care of our soldiers during the Winter months. Its pronounced main effort must lie with the unit in the field where quarters are bad, variety and possibility of amusement are restricted.
I think we need not read the rest. The order is signed, "Bader, Lt. General Artillery".
DR. HINDEMITH for DR. RAUSCHENBACH (representing the defendant General Foertsch): When this document was read by the representative of the Prosecution, at the point under figure (3) -- that is the last but one paragraph -- I saw that in the German version, after the sentence, "The execution has to be carried out according to directive for partisans", the part in parenthesis, (Commander in Chief of the Army General Staff of the Army Training Branch IA, No. 1900/41 from the 25 Oct. 41) - was not read. This reference seems important to me, since thus we can see that it was only the execution of an order which had been given from above, I do not know whether in the English version this parenthesis is contained. When it was being read this parenthesis was omitted.
MR. FENSTERMACHER: If Your Honors please, the phrase which Dr. Hindemith refers to is in the English version. I neglected to read it. Perhaps in the future when I omit any version of the document, I will specify that I am omitting that portion.
DR. HINDEMITH: That is sufficient for me. I am now convinced myself that the parenthesis is contained in the English version and I am satisfied.
MR. FENSTERMACHER: The document which we have just been reading is signed, "Bader, Lt. General, Artillery".
MR. FENSTERMACHER: Turning next to Page 100 of the English and Page 81 of the German Document Book is Document No. NOKW-610, which is offered as Prosecution's Exhibit No. 162. This, if Your Honors please, is an enclosure of the Plenipotentiary Commanding General in Serbia. It is of such importance. If Your Honors please, I withdraw that. On Page 100 we continue with the previous Exhibit No.161, which is an enclosure to the order of General Bader from which I have just been reading. We will hold the Exhibit No. 162 until the next document. The subject of this memorandum is seen from the middle of Page 100 in the English and Page 81 in the German, "Seizure of prisoners for reprisal measures.
Seizure of hostages, and Other prisoners."
Your Honors will note the first reference which is to the order of the Plenipotentiary Commanding General in Serbia, with the familiar code No. Ia No. 3848)41 secret, of October 10, 1941.
The hard, ruthless and vigorous action of the units in regard to reprisal for human lives, which was ordered by the highest German authorities, has led in the main to quick and successful suppression of the insurgents in Serbia. The reports of completion of the Corps commands and the divisions show that the Fuehrer order concerning reprisal measures has been carried out fully up to 5 Dec. 41.
The reprisal measures will be continued further. In order to exclude any existing doubts concerning them, I am referring to the fact that three groups of prisoners are to be differentiated:
1) Reprisal prisoners are persons who for reason of their attitude and conduct are destined as reprisal for German human lives, for example, Communists not encountered with weapons, Gypsies, Jews, criminals, and the like.
2) Hostages are persons who play a role in public life and on the basis of their personalities exercise a certain influence on the population in their realm of activity. They are composed from the most varied strata of the population. They guarantee with their lives the public peace, order and security in their part of the country.
3) Prisoners of the unit are persons who are taken in the course of an operation as suspicious. They require a further examination by the administrative sub-area headquarters authorities. They will either be released or transferred to the reprisal prisoners.
Treatment for various prisoners:
1) Prisoners are to be transferred by the unit after a short interrogation, together with the results of the interrogation to the nearest competent district of Administrative sub-area headquarters. This district headquarters have to send them on to the administrative sub-area headquarters. After examination in the administrative sub-area headquarters, they are to be held as reprisal prisoners in readiness for revenge measures in the competent camps, or to be released.
2) The seizing of hostages is the task of administrative sub-area, district and local headquarters. The unit has only to concern itself in exceptional cases and then only in cooperation with administrative sub-area, district and local headquarters. It cooperates in the seizure of hostages only on demand of the local administrative offices.
The hostages are to be held in readiness in camps. The recourse to reprisal measures as well as their eventual exchange is to be decided separately by the chief of the administrative staff of the Commander in Serbia.
3) The administrative sub-area headquarters maintain camps of the necessary extent for this purpose. In Belgrade, the administrative sub-area headquarters turn over their prisoners to the already existing camp of the special purpose unit of the SP and the SD. In Kraljevo, a corresponding camp is to be erected at once. All camps are subordinated to the Chief of the Administrative Staff of the Commander in Serbia. The camp direction is the affair of the SS-Fuehrer assigned at the time to the administrative sub-area headquarters. Guard is the business of the administrative sub-area headquarters.
Inspection and examination of all prisoners is exclusively the task of the SS Fuehrer assigned to each camp. 4) If Wehrmacht losses occur (dead and wounded), they are to be reported, as well as by way of the IV b channel, with the daily reports to the Plenipotentiary Commanding General. In combat losses, how many enemy fell in the course of the battle is to be given. Basically, the insurgents, including Mihailovic followers, encountered with weapons in combat actions are to be shot. They have nothing to do with seizing of hostages, but count nevertheless on the quota ordered for the reprisal measures.
5) Reprisal prisoners and hostages may from now on be shot only on my previously-given written order, which is to be obtained for each individual case. The principle is that the unit is to avenge its losses itself, if at all possible. Since, however, the reprisal prisoners are collected in few camps, this principle cannot always be followed; therefore, troops must be used accordingly for the execution, troops which have nothing to do with the case and are only in the proximity of the reprisal prisoner's camp.
6) Decree reference 2 is valid for the carrying out of executions; for special seizure and reporting, decree reference 3. Reports of completion pertaining to orders for shootings are to go through the Plenipotentiary Commanding General with the daily reports.
The mission of the unit is fulfilled with the handingin of the nominal roll of those hot to the competent administrative sub-area district, or local headquarters.
7) Dead and wounded Volksdeutsche (men, women and children) are to be determined from the Chief of the Military Administration and to be avenged for by the SD upon written order (suggestion by the Administrative Staff).
8) Dead and wounded of the Serbian gendarmerie and auxiliary police do not fall under reprisal measures. Therefore, they have to be entered in the loss reports separately.
9) The administrative sub-area headquarters are to report the reprisal measures carried out for German soldiers for the last month; likewise the SD, for reprisal measures carried out for Volksdeutsche, by the 5th of each month to the Plenipotentiary Command General in Serbia/Chief of the Administrative Staff, who makes a survey and reports to me.
10) Reprisal measures carried out are to be publicized by the competent administrative offices primarily in those territories in which German sacrifices are to be avenged."
MR. FENSTERMACHER: Turning next to Page 104 of the English and Page 84 of the German is Document No. NOKW-610, which is offered as Prosecution's Exhibit No. 162. This is a 10-day report from General Bader, as Commanding General Plenipotentiary in Serbia, dated Belgrade 20 December 1941. The subject is "10Day Report."
"I. General and Enemy Situation - generally unchanged.
Mihailovic followers no longer offer battle. It seems that the national group of insurgents has actually been smashed. Attempts of the Mihajlovic people to disappear in the Serbian gendarmerie and in the Cetnik units of Kosta Pacanic have again been reported. It has been confirmed that a member of the government has attempted to establish connection with Mihajlovic via the Serbian auxiliary gendarmerie. A court martial procedure has been started against 4 Serbian gendarmerie and on Cetnik officers. Will report results. The 2 staff officers of Mihajlovic, Colonel Misic and Major Fregel were shot to ...
MR.FENSTERMACHER: (I believe the word death should be inserted) "according to martial law on 17.12.41" III. Losses from 6. to 15.12.41, 1 ............
2. Enemy Losses:
a) . . . .
b) Shooting of hostages:
(as per reports up to now up to 5.12.41) total 11.
164 of which by units 7.548 these figures are incomplete.
c) Concentration Camp:
Total number of inmates on 6.12. 3.625 persons Delivered during the time covered by report 839 " Released 824 " Shot to death 558 " Losses by other means 11 " Total on 15.
12.41 3.071 persons 5.281 persons were delivered to the newly constructed Jew and gypsy camp in Semlin up to 15.
12.41."
MR. FENSTERMACHER: Turning to the last document in Document Book VI, Page 107 on the English and Page 86 of the German, Document No. NOK -725, which is offered as Prosecution's Exhibit No. 163.
This is again a 10-day report, sent by General Bader as Plenipotentiary Commanding General in Serbia to the Wehrmacht Commander Southeast, who at this time, 31 December 1941, was the Defendant Kuntze. The report begins with a review of the general situation in Serbia.
"Prime Minister Medic was informed on 29 Dec of immediate occupation of a part of Serbia by Bulgarian units. A memorandum of the Ministerial Council presented concerning this maintains that this measure is unbearable for Serbia and contains a request for alteration. It remains to be soon whether the government will remain in office.
The occupation of Serbian territory by Bulgarian units has a strong effect on the Serbian national sentiment. Encroachments of Bulgarian soldiers on Serbs in the previously occupied territories and Serbian acts of sabotage against Bulgarians are continuing. An increase of these hostilities must be taken into consideration, if the occupation is extended.
Quiet prevails in the middle of the Serbian area. The territories near the border Nis-Lebane, the area south of Loznica-Krupanj, region of Pozarevac, and the border territory SW of Uzice remain places of unrest and centers of sabotage. Successful smaller operations of the unit and the Serbian gendarmes and auxiliary police lead to a further scattering of resistance units.
(The report of General Bader to the Wehrmacht Commander Southeast also contains a section on Croatia)
b) Croatia The general situation is tense.
Unanimity of the Ustaci movement standing behind the government must be doubted. The combat value and the reliability of the Croation units is small. Without efficient help of German units, they will not be able to destroy the resistance movement which has increased strongly in the last few weeks, especially in the eastern part of Croatia.
2.) Enemy
a.) Serbia Enemy situation in the main unchanged.
Dispersal movements of the insurgents into the out-of-the-way border areas, especially of the Serbo-Croation border area continue. Surprise attacks and sabotage acts have increased from 25 in the last report period to 53 since the 15th of December. Enclosure 1 For details, see Enclosure 1.
The territories of unrest are (compilation of previous reports):
aa) Area Nis-Lebane The operations of the 717th Infantry Division at Lebane did not clear up matters.
An operation of the Serbian gendarmes is in progress. Division of the enemy group of about 3000 men in strength is apparent. One group (strength about 1000 men) appears to have withdrawn to the South over the Serbian-Bulgarian border, a second (strength about 2000 men), to the region Prokuplje-Kursumlija. The conditions in this territory have been obscure for sometime, since the influence of Kosta Pecanac appears to be vanishing.
Area south of Loznica-Krupanj.
No important changes. Dispersal of insurgents to the Croatian territory continued to be observed. With the exception of one surprise attack, the enemy was quiet.
Area around and east of Pozerevac.
Small enemy groups in strength of 20-30 men continue to be active 2 successful cleaning-up actions of the Serbian auxiliary police. The impression exists that the enemy has taken to winter quarters.
Border area southwest of Uzice.
Enemy group about 3000 men strong. Dispersal of insurgents from the Croatian back to the Serbian territory observed. The impression exists that the enemy is considering wintering with strong forces in the out-of-the-way territories of the Zlatibor and Murtenica Mountain Range.
Croatia.
Increasing aggravation of the situation. Further increase of insurgents from Serbia. Mihailovic has taken over the leadership of the struggle in East Croatia. The unrest around Doboj, Sarajevo, and Tuzla, which shows strong Communistic direction, is continuing.
The Centik leader Dangic operating there, allegedly does not wish to subordinate himself to Mihailovic and fight against the German Wehrmacht. He only wishes to protect the Serbs against Croatians and Communists.
. . . . . . . . . . . . . . . . . . . . .
Then paragraph 7 of Bader's report to General Kuntze, Enemy losses.
The enemy lost 132 dead (of these, 37 from reprisal measures) and 372 prisoners in the period from 16-25 December.
. . . . . . . . . . . . . . . . . . . . .
The report is signed For the Plenipotentiary Commanding General in Serbia The Chief of the General Staff Your Honors will note the distribution list on the back.
The first copy of the report was sent to the Wehrmacht Commander Southeast. This, if your Honors please, concludes the introduction of the documents in Document Book No. 6. Mr. Denney will continue with Document Book 7.
MR. DENNEY: May it please your Honors, with reference to the statements of the prosecution as to the counts on which exhibits are offered and the defendants against whom they are offered, we have found some omissions and it was also necessary to make some deletions in Book III; so we have had the stencil rerun and now submit three copies of the new stencil to your Honor, which should be substituted for the old one in Book III. We also have 24 new copies for defense counsel. This will be substituted for 16 -- that is, it will be put in at page 169-A and be given the number which the present one has of 114-A, and we have copies for the reporters and the interpreters and for Major Hatfield.
I believe defense counsel understands this is just being substituted for the one we gave yesterday. We found that we had included one of the defendants in several counts where he should not have been included so we felt it was better to submit a new copy if that is agreeable with your Honors.
And with reference to Book IV, three copies for the Court and copies for the defense counsel --24. This should be inserted as page 171-A in Book IV and the last exhibit is 124, so this will bear the identifying numbers of 124-A. Copies for the reporters, the interpreters, and Major Hatfield.
THE PRESIDENT: May I ask again what page number you gave this?
MR. DENNEY: 171-A, sir. At the end of Book IV.
And for Book V, three copies for the Tribunal. This should be 160-A page and the identifying numbers are 131-A after exhibit 131, which is the close of Book V, if your Honors please. 24 copies for the defense counsel, copies for the interpreters, the reporters and Major Hatfield The prosecution now offers Document NOKW-922 which appears at page 1 of the English and German in Document Book VI as prosecution's Exhibit 164 in evidence.
THE PRESIDENT: You mean Document Book 7, do you not?
MR. DENNEY: Excuse me. Thank you, your Honor. Document Book VII, page one of the Document Book VII, Exhibit 164 in evidence. This exhibit is a directive from Bader, General of Artillery, as the Commanding General Plenipotentiary in Serbia, dated 3 January 1942, with reference to the combat against insurgents.
The insurgents have taken up winter quarters in the eastern part of Croatia. (See enclosed sketch.) From their villages they press hard upon the Croatian troops and commit continuously acts of sabotage. They press forward more and more towards important thoroughfares and towards the objects that are economically important. For details see enclosure 1.
To stop this enemy activity the 342nd Infantry Division and 718th Infantry Division shall attack the enemy on 15 Jan 1942 in the Southeastern part of Croatia and will destroy him. In this operation the German troops will be aided by Croatian troops, in order to set free the 718th Division for the duration of the operation, Croatian troops will take over the security duties, which the Division has had to fulfill up to now.
All German and Croatian troops assigned to the above mentioned operation will be subordinated as of 12 Jan 1942 to the Commander of the 342nd Infantry Division Brigadier General Hoffmann.
Then appears the distribution order to the Divisions involved, the 342nd and 718th, the Croatian Battalions, and various other supporting and service units, followed by the signature of Bader.
Then further distribution to the Corps Headquarters and the other units listed therein with some additional ones including the 113th Infantry Division.
Then follows a recital of the -- excuse me, the stamp of receipt by the 718th Infantry Division in at the bottom of page 2 of the English and at the top of page 3 of the German, "Received on 4 January" and the enclosure which is cited at the top of page 3 in the German and on the bottom of page 2 in the English contains a report with reference to the units which are in the area of Croatia.
Page 3 in the German and English ---
Insurgent groups in frontier area of Croatia
1.) Southwest of Bijeljina Strength:
400 Armament:
Unknown Leader:
Hodzic Political Attitude:
Communists (numerous Mohammedans) Activity:
Raids around Bijeljina since the middle of Dec. Probably also sunk the Save tug "Pancove" on 29 Dec.
The Second Group:
Majevica mountains north of Tuzla Strength:
1000 Armament:
1 gun Leader:
"S p a n a c" (a Turk from Bijeljina his real name Muhadinovic) Political Attitude:
Communist Activity:
Continuous threatening of Tuzla The Next Band:
Czren Mountains southeast of Dobej Strength:
1500 Armament:
Unknown Leader:
V u j a t i n o v i c Political Attitude:
Dangic - Cetniks Activity:
attacks on Maglaj, sabotage of traffic and communication installations.
4.) South of Kladanj Strength:
500 Armament:
Trench mortars and guns.
Leader and Political Attitude: Unknown.
Activity: Acts of sabotage, attacks on Kladanj that were repulsed and repeated artillery fire on vital enterprises in Kladanj.
"5) East of Zavidovici Strength:
500 Armament:
Unknown Leader:
Unknown Political Attitude:
Presumably Dangic-Chetniks Activity:
Sabotage of traffic and communications on the line Zavidovici-Olovo, raid on moving train, occupation of Krivaja in the Krivaja valley east of Zavadovici. Possibly connection with insurgent villages on left bank of Bosna around Zepce southwest of Zavidovici.
"6) Around Olovo Strength:
300 Armament:
Two mountain guns and mortars Leader:
Todorovic Political Attitude:
Dangic-Chetniks Activity:
Occupation of the town Olovo after having driven off the Croatian troops in the direction of Vijaka (northwest of Olovo) following up of the Croatian troops and occupation of Vijaka after again having driven off the Croatian garrison on 19 and 20 Sept 1941. Since then threatening of Vares and movement of troops with artillery on railway in direction Krivaja.
"7. Romanija Mountains east of Sarajevo Strength:
3000 Armament:
Two mountain guns Leader:
Cica (nickname of a Jew named Weinert, engineer from Sarajevo) Tito, officer in the General Staff of the National Liberation Party Department Yugoslavia before the detachments were dispersed in west Serbia at the end of November 41.
Political Attitude: Communist (numerous Mohammedans) Activity:
Continuous serious harassing in the area northwest of Pale, threatening of Pale and harassing of the connection from Sarajevo to Mokro and Pale.
"8) Southeast of Sarajevo Strength:
250 Armament:
Two mountain guns Leader:
Unknown Political Attitude:
Presumably Chetniks Activity:
Repeated in part successful attacks against water works Bistrica southeast of Sarajevo.
"9) West Visegrad Strength:
2500 Armament:
Unknown Leader:
Unknown Political Attitude:
Communist, probably from Serbia Activity:
Threatening of Visegrad from the south, dispersed by Italians on 30 December, whereupon crossing of the Drina in area west of Visegrad."
On page 6 of the English and page 6, I believe, of the German document NOKW-1124, which I believe we can pass because this entire document appears in the next document. It is an order by General Hoffmann, Commanding General of the 342 Infantry Division and I request that Your Honors ignore this because it all appears later and I will make the same request of defense counsel. It appears in the next document.
Turning then to page 8 in the German text and page 9 in the English, Document NOKW-1067 which is offered as Prosecution Exhibit 165 in evidence. I wonder, Major Hatfield, if I might see the original. Thank you.
DR. HINDEMITH (Counsel for defendant Foertsch): Mr. President, in one of the previous sessions it has been ruled that defense could insist that parts which were deemed important to the defense but which were not being read by the prosecution could be read by the defendants on their part.
Therefore, I would first like to ask, to tell me, whether I am right as to this ruling of the Tribunal and whether the Tribunal upholds this ruling.
THE PRESIDENT: That was a previously announced ruling of the Tribunal and we adhere to it.
DR. HINDEMITH: Therefore, in connection with the document which has just been read I'd like to read the part, enclosure 1, which had been a part of this document, which is in addition to this document, which belongs to Exhibit 164, NOKW-922, the first enclosure to this document.
THE PRESIDENT: Found on what English page?
MR. DENNEY: The exhibit, if Your Honors please, is on page 1. Counsel is reading from the photostatic copy which as Your Honors recall is the complete document put in evidence. We have not translated the section which he wishes to read.
DR. HINDEMITH: This enclosure reads as follows:
"Heading I-6. 10-6-2. Top Secret. Enclosure 1 to 9/42, Top Secret, of the 3rd of January 42, handwritten, Plenipotentiary Commanding General Serbia.
"The insurgents in the eastern part of Croatia (see sketch) have gone to winter camps. The fighting troops will probably, in their quick march cleverly camouflaged, have the enemy in front, only selecting the districts west of the Drina as quarters because they are not occupied by German or allied troops. The enemy again will, similar to east of the Drina, try to deceive the troops camouflaged as peaceful farmers, and will attack the troops from behind later on in a different part, All the people not familiar with the district have to be counted as enemies. In addition even local people cannot be trusted. In the quick advance these directives can only be regarded as general directives. The troops, supported by Croatian liaison men, must according to circumstances try to ascertain foe or friend locally. A survey of the nonenemy troops is added, also Croatian insignia and uniforms of Croatian units which may be recognizable are added too."
The document closes with a stamp, "718 Infantry Division, received on the 4th of January 1942, Top Secret, No. 742. Top Secret."
MR. DENNEY: If Your Honors please, there are some figures in the next document which present somewhat of an accounting problem and perhaps if we could take them up all at once.
THE PRESIDENT: We will take our morning recess at this time.
MR. DENNEY: Thank you.
(A recess was taken.)