COURT V CASE VII
didn't come through. Will you please repeat?
THE PRESIDENT: The Tribunal is of the opinion that, inasmuch as counsel indicated that he was merely expressing his opinion concerning this matter, it does not necessitate any ruling by the Tribunal at this time, there being no motion before the Tribunal.
DR. HINDEMITH: No, your Honor, I didn't want to have a ruling of the Tribunal. I just wanted to point out that this statement made by the prosecutor cannot be regarded as correct in my opinion.
MR. DENNEY: If your Honors please, the only thing that was made in connection with this was to read what is on the German, on the enclosure, that is, on the next paper that comes after the letter signed by Kuntze as "Wehrmachtsbetchlshaber Suedost."
Then the next paper is the "Enclosure to the Wehrmacht Commander Southeast and Commander in Chief 12th Army Ia No. 500/42 Top Secret of 19 March 1942."
And if we look back to the beginning of the original letter it says: "Wehrmacht Commander Southeast and Commander in Chief 12th Army Ia No. 500/42 Top Secret 19 March 1942."
No comment was made about it. That's all that was said. It is admitted that the documents were self-explanatory.
THE PRESIDENT: You may proceed.
MR. DENNEY: Thank you, your Honor. We were in NOKW-936, page 82 of the English and page 69 of the German text, still on the situation reports from the Armed Forces Commander Southeast to the High Command. This is a report of 29 January 1942 which may be seen from the stamp which appears at the end, of the Chief Signal Officer, which is the time of the transmis sion and the date, in reference to the OKW communication of 25 January:
"In the Operational Area Southeast Croatia about 1000 Dangic-Chetniks (Serbian Nationality) and about 3000 Communists were present. The Dangic men well trained, only partly in uniform and equipped with rifle and machine gun. The committment of enemy artillery has not been established despite the capture of 4 guns. The will to fight and confidence is there. The Chetniks live scattered in villages and only in certain places have they been recruited in closed units. Apart of the Dangic-Chetniks had received orders not to fight against German troops. Training and organization of Communists is worse. They are equipped with rifles and machine guns. With few exceptions both groups evaded German troops, consequently they have been scattered only for a limited time by the mopping up operation and one must continue to count on their presence.
Our losses: 25 dead, 131 wounded, 1 missing, 50 sick and heavily wounded, 297 frozen all degress.
"Enemy losses: 521 dead, 1431 for the present are prisoners."
And it is signed and -- or, that is, the signature is typed just "Wehrmacht Commander Southeast" and it is certified "true copy" by a Major of the General Staff Corps who we believe is Major Pfafferott.
And then the report for -- excuse me -- that concludes that document.
The next document, on page 84 of the English and page 71 of the German, is offered as prosecution's exhibit 187 in evidence and this is a teletype to the Armed Forces, to the Commanding General Plenipotentiary in Serbia and a copy which we have here we submit has the signature of the defendant Foertsch on it:
and hence it is submitted that it comes from the Army Commander Southeast.
"Reference: Commanding General and Commander in Serbia - Ia No. 174/42 Top Secret of 21 March 42.
"The Wehrmacht Commander Southeast agrees that insurgents not captured in combat be transferred to work in Norway, insurgents captured in combat action are on principal to be hanged or shot to death, Wehrmacht Commander Southeast (12th Army) - Ia - No. 782/42.
"Top Secret. 23 March 42. In the direction Wehrmacht Commander Southeast - Ia - No. 500/42 Top Secret of 19 March the words in the enclosure under number 6, paragraph 2, or has given support to, are to be crossed out."
And that, if your Honor pleases, refers back to the enclosure which has been under discussion and refers to paragraph 6 of the enclosure which is on page 75.
DR. HINDEMITH: Representing defendant Foertsch. Your Honor, referring to presentation of document, Exhibit No. 187, NOKW-943, page 71 of the German, I would like to point out the following. The prosecutor especially stresses that this document finishes with the signature of Foertsch.
From this one gets the impression that the defendant, General Foertsch, gave the orders in this case. Looking at the photostatic copy of the original I must point out the following: The document does not bear the signature of Foertsch, but the initial "F" of 23/3. Apart from these initials there is another initial, according to the copy of the document before me. The prosecutor assumes that this is the initial "N". I would like to stress here that this cannot be seen with certainty from the initials as written. The defendant General Foertsch has told me that is really an initial "K", short for Kuntze, so that this document finishes with the initial "K". But I admit that from the way this initial is written it is very doubtful what it is.
Perhaps the Tribunal would like to look at the original.
THE PRESIDENT: The Tribunal will give consideration to comments of counsel, and at such time the defense presents this evidence they can give further attention to this particular matter.
I think we should proceed now, after these comments made by counsel for the defendant.
DR. HINDEMITH: Your Honor, might I just point out one thing. I assume that the English copy of the document also has the initial "N" at the end, and so far I object to the correctness of the translation.
THE PRESIDENT: Will you kindly hand the document to the Tribunal.
(Document handed to Court)
MR. DENNEY: If Your Honors please, I just want to make the finish presentation of the document, and then explain our theory on it. I believe it will be apparent when the Tribunal sees it.
It is submitted, if Your Honors please, that the first paragraph was written by hand, and the defendant Foertsch's signature over to the right appears, and in the same hand appear the numerals 1 and 2, one above the first paragraph, and two to the left of the second paragraph with an arrow indicating that the second paragraph should go up ahead of the "Wehrmachtsbefehlshaber Suedost", which is printed.
Foertsch's signature, it is submitted, appears over to the right on the document.
THE PRESIDENT: You may proceed.
MR. DENNEY: If Your Honors will note in your copy, "handwritten" appears on the English ahead of the second paragraph, with reference to the words "oder unterstuetzt hat", which are referred to here. If Your Honors will look at the enclosure which is the first part of this document, 184, about which there has been so much discussion, on the third page, under the second paragraph, under the number "6", Your Honors will see the words "oder understuetzt hat", and I might perhaps explain the difference between the spelling of the word "oder understuetzt hat" in the German where it is "s-t-u (umlaut)t-z-t" and in the English where it is "s-t-u-e-t-z-t".
The English typewriters do not have the umlaut and by adding the "e" after the letter "u" or after the letter "o" the same sound is endeavored to be produced, even as in the name "Goering", which the Germans always spell "G-o (umlaut) -r-i-n-g", which Your Honors will constantly see in the American "G-o-e-r-i-n-g".
Here again we would just like to call the Court's attention that the handwritten paragraph which is written on the original contains the numbers "500/42 Top secret, 19 March" and refers to the enclosure, gives a quote from the enclosure which we find in the original document as submitted, 184.
The next document is on page 72 of the German text, and 86 of the English text, and is NOKW-930, 25 March 1942, and is from the Commanding General and Plenipotentiary in Serbia, Bader, and has general distribution.
THE PRESIDENT: Give the exhibit number.
MR. DENNEY: The exhibit number is 188. Thank you, Your Honor.
This is a document which is signed and makes reference to the 500/ 42 order of 19 March 1942. At the second reference under the heading "Reference", and refers to the Wehrmacht Commander Southeast 1a, under that reference and that number, communications of that date:
"On the basis of the decision by Wehrmacht Commander Southeast the following is ordered regarding order quoted in reference under 1) paragraph 2:
"1. Insurgents captured during combat actions are to be hanged or shot to death as a matter of principle. Band leaders, political commissars and couriers are to be interrogated in brief previously and whenever possible in the presence of SD.
"2. Persons who are found in the unauthorized possession of arms or while actively supporting the insurgents are also to be hanged or shot to death.
"3. a. Insurgents not captured in combat, b. insurgents having surrendered and given up their arms, c. persons under arrest because they are suspected of having supported or collaborated with the insurgents are not to be shot to death, but are to be sent to a concentration camp.
"There the Deputy of the Senior SS and Police Leader will interrogate them and order their disposition (for instance, transportation to the territories of interest to Germany for compulsory labor).
"4. At the present time the camps in Sabac, Belgrade-Dedinje, and Nish, later on the camp in Semlin, will be available as concentration camps."
I would just like to direct Your Honors' attention to the fact that Semlin is to be available later as a concentration camp. We have seen several references to going to one place, and later on to Semlin.
"There is no objection to informing the insurgents in a proper manner of the possibility that they may be used as labor under the conditions named above."
The distribution I believe is self-explanatory: all divisions, all home guard battalions, etc.
Then on page 73 of the German, page 88 of the English, Document NOKW-946, which is offered as Exhibit 189 in evidence; this is dated 27 March 1942 and has an illegible signature, but it is signed for the Armed Forces Commander Southeast and has his heading on the stationary, and the subject is the designation "Cetniki":
"The designation 'Cetniki's' often used in reports has frequently caused misunderstandings; it should therefore be used no more.
"Enemy groups are to be called 'insurgents', 'rebels', or 'bands', or other unequivocal designations, for instance, the term used by the enemy, 'Insurgents of the 2nd Mounted Brigade of Proletarians', and so forth. The fighters on the German and Croatian side are to be designated by the usual troop designation, for instance, 'Serbian State Guards', 'Auxiliary Police', 'Ustascha'."
Again, below that they have "Army High Command 12th" and then typed "The Chief of the General Staff, For", and then below that is a signature, and the distribution list, "Commanding General and Commander in Serbia," etc.
MR. DENNEY: Page 74 of the German text and page 90 of the English is Document No. NOKW-1035, Prosecution's Exhibit No. 190 in evidonce. This is a copy which is certified as correct. The copy is not signed except by typewriter. It is a communication from the 714th Infantry Division, dated 30 March 1942, and the subject is "Treatment of Captured Insurgents." Well, we don't have to pay any attention to the reference.
"In compliance with reference decree 1 the Commanding General and Commander in Serbia has ordered:" This 2070 of course, refers to the NOKW-930, which is Exhibit 188. That is the same order number that is referred to under 1, the order of Bader, dated 25 March, and then the other reference is to a previous order of the Division.
"1.) Insurgents captured in combat actions are on principle to be hanged or shot to death. Prior to this commanders of bands, political Kommissars and couriers are to be interrogated briefly if possible in cooperation with a member of the SD." And the order continues. It is the same as the order of 25 March, which is recited in reference 1, and I don't believe that there is any necessity in continuing through paragraph 5, which is the same. However, added is.
"Decree 2 is hereby rescinded.
"The transfer of prisoners for reprisal measures to Kragujevac and Sabac is therefore discontinued according to this ruling. Both camps are in future transit camps only. From there the prisoners will be transferred further.
"The executions are to be carried out by the unit. Insofar as hangings are to be carried out the troops are to see to the necessary preparations."
MR. DENNEY: And then "In draft," and the signature is typed, and below it is a certification with a signature that it is correct. This is the same order which Bader issued on 25 March, being passed down on the 30th try a division commander. And then, turning to page 76 in the German and page 93 in the English Document No. NOKW-1377, which becomes Prosecution's Exhibit No. 191.
These are a series of longhand entries with one typed at the end. They are reports of subordinate units to the 718th Division. The first one on page 93 recites: "3 reprisal shootings," and the permission date was the 22nd of February. Again on the 23rd of February, "Enemy losses: 7 dead, and 14 reprisal shootings," certified correct. Page 95 of the English page 77 of the German, on the 28th of February, "During reconnaissance of the Battalion Faninger (?) no contact with the enemy. 9 Serbs were captured in houses, of these 8 were shot to death in reprisal." On the 9th of March, "Battle headquarters unaltered.
Truck column fired on near Cerovak, 1 truck and 2 armoured cars knocked out by fire, they were hauled to point 144. Please arrange for them to be taken to Lublin. 2 Volksdeutsche dead, 2 wounded, 2 soldiers wounded, 2 prisoners shot to death, falling in tomorrow morning at 0700 hours."
MR. DENNEY: And then the report of 24 February, which is the one which is typed at the end of the Exhibit with some pieces of teletype paper pasted on it. This is for 24 February 1942 and is to the 65th Corps Command, with a copy to the German General in Zagreb. It is a Daily Report of 23 to 24 February: "Battalion Hoffmann received sudden fire from the direction of church 2379 while mopping up and advancing near Gay." If your Honors please, that is reference to an operational map.
"Captain Hoffmann himself was slightly wounded twice. Whilst mopping up. Intense enemy fire was received. The enemy consisting of strong forces in white coats, equipped with many machine guns, tried to reach the road. The adversary advance up to the height 218.
MR. DENNEY: And then they recite the three battalions -- one of the 724th Regiment, and two of the 750th Regiment: The total number dead 9, the total number wounded 20, and the total number missing 13. "Enemy losses: 21 dead." Then, losses of materiel. I don't think we need to read those. And then on the next page there is a "Supplement to the Daily Report of 23 to 24 February," which carries the note "To 1-3". This is another piece of paper which appears on the document.
It has some illegible initials after it. "Of the 21 dead of the enemy losses, 14 were shot in reprisal." And then to Document No. NOKW-1096, which is on page 99 of the English and page 80 of the German, becoming Prosecution's Exhibit No. 192. These are reports from the Plenipotentiary Commanding General in Serbia, Bader, to the Wehrmacht Commander Southeast, the Defendant Kuntze. The first one is for 2 March 1942.
"Enemy fled in the direction of Brusetic. Attacked there several times by reconnaissance of the 11/741 Regiment. Enemy losses: 22 dead, among them bandit leader Nikola Drljani. 3 prisoners not yet shot, because of interrogation. Own losses: 1 non-commissioned officer killed in action, 1 officer slightly wounded."
MR. DENNEY: Report for the 5th of March, "Banat: In Pencevo, 1 police official killed, 1 wounded. 1 culprit shot while escaping, reprisal measures are being taken." Report for the 10th of March on page 81 of the German and page 100 of the English, "Near Zerovac 5 insurgents were arrested, will be shot after interrogation.
II./721 Regiment on march through Western division area, mopped up Plana-Lapovo-Raca area without contact with the enemy. Bandit leader Kolarevic hanged in Natalinci."
MR. DENNEY: Report for the 12th of March, "Bulgarian area: Kragujevac: 80 hostages shot. To telephone inquiry: In Pancevo 75 Communists shot as reprisal measure (report of 5.3.)." Daily report of the 13th of March, "717th Infantry Division: In Belgrade 100 hostages have been shot as reprisal measure for murdered Serbian police." and then there are references to the Daily Report of the 6th of March. For the 15th of March, "Artillery Division 661, part of the 714 Infantry Division. 13 arrested insurgents executed." For the 16th of March: "In Pancevo 50 more hostages were shot. (Reference to the report of 5.3.).
A Communist organization has been discovered in Belgrade. Party archives, cipher key and medical articles secured." Report for the 21st of March: "Area 717 Infantry Division: Serbian Volunteer Corps captured 42 insurgents South of Valjevo; 30 were immediately shot, the rest taken for an interrogation." Report for the 28th of March; "714th Infantry Division: In Valjevo, Ub and Obrenovac 6 insurgent leaders have been hanged." And then on page 85 of the German and page 103 of the English the last document in this book is offered as Prosecution's Exhibit No. 193 in evidence, and these are 10-day reports of the Commanding General in Serbia to the Armed Forces Commander Southeast. These are signed by Bader. The first report is 10 March 1942.
"Operation Area East Croatia.
"The insurgents in East Croatia receive reinforcements from Serbia and Montenegro. The Greek Orthodox population is being mobilized by compulsion and forced to fight against the Croatians.
"The civilian administration has to list the male inhabitants from 16 to 60 years of age in all communities of Serbia by March 5th of the latest.
"In Belgrade from 26 February to 7 March 1942: 214 arrests. 225 shootings to death ordered as reprisal measures.
"In the camps of the Administrative Sub-area and District Headquarters there were 2600 retaliation prisoners and 272 hostages on 26 Feb.
"In the Jewish camp of Semlin, there were 5780 person (mostly women and children).
MR. DENNEY: Signed by Bader, and distribution to the Wehrmacht Commander Southeast and various others which appear there.
And the Ten Day Report for the period 6 to 15 March rendered on the 20th of March by Bader to Kuntze.
"In Belgrade from 6 March to 15 March 208 arrests, 3 hangings ordered for reprisal measures.
In the camps of the Administrative Sub-aria and District Headquarters there were 2,532 reprisal prisoners and 213 hostages on 15 March. In the Jewish Camp of Semlin, there were 5,150 persons.
The population continues to show a strong interest in the meetings initiated by the Propaganda Branch of the Serbian Prime Minister for the pacification of the country.
(signed) Rader" And the report for the 31st of March:
"In the East Bosnia Area the fight between Croatians and Serbs has again increased in severity. Ustascha native partisans, moslems and finally the bands which have advanced from Montenegro here fight side by side against the Serbian forces fighting under Dangle.
At the suggestion of his "Government" Mihailovic seems to continue in a waiting attitude. As before, he still must be regarded as the bearer of the Nationalist Serbian liberation movement. It is conceivable that all other leaders of the different Nationalist Groups might be willing to subordinate themselves to him.
In the camps of the Administrative Sub-area and District Headquarters there were 2586 retaliation prisoners and 198 hostages, and in the Jewish Camp of Semlin there were 5293 persons."
That figure is not clear on my copy but that is- I am reading in this instance on these last figures from the original German if your Honors please.
It is almost time to adjourn and that concludes this Document Book. I wonder if perhaps we might suspend a little early this evening with your Honors' permission?
THE PRESIDENT: We will adjourn at this time until 9:30 tomorrow morning.
(The Tribunal adjourned until 24 July 1947, 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 Nurnberg, Germany, on 24 July 47 0930, Justice Wennerstrum, presiding.
THE MARSHAL: Persons in the courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V. Military Tribunal V 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, will you ascertain if all the defendants are all present in court?
THE MARSHAL: May it please Your Honor, all defendants are present in the courtroom.
THE PRESIDENT: I have asked that my associate, Judge George Burke, preside at this day's session.
JUDGE BURKE: We have had under consideration the matter of the offer of introduction of exhibit known as Exhibit 4a offered on behalf of the prosecution.
The Tribunal has prepared a report upon it's findings in that matter. The provisions of Control Law No. 10 and Ordnance No. 7 Military Government Germany, enacted pursuant thereto, provide that certain specified kinds of documentary evidence shall be deemed admissable.
Document 071-PS, found on page 8 of Document Book IV appears to come within the scope of these provisions and for that reason it will be received in evidence.
It is the considered opinion of this Tribunal, however, that matters of competency, relevancy and of materiality have not been removed from the scrutiny of the triers of fact and continue to be pertinent factors in evaluating the weight and credibility of the evidence in determining the guilt or innocence of the accused.
Thus, it becomes important that the party offering an exhibit even though it is admissable by charter pronouncement, supports it with evidence of foundation, authenticity and correctness.
The credence to be given the document will be determined from a consideration of all these factors. Such must be the rule to be followed here in order that no inference may arise that a technical expediency has been substituted for long established rules of evidence.
For that reason the exhibit marked Exhibit "4a" will be received in evidence. The same ruling, and for the same reasons, will apply to Exhibit 100a which was offered by the prosecution at the conclusion of the introduction of Exhibit 99 found on page 76 of Volume III.
You may proceed.
MR. FENSTERMACHER: If Your Honors please, before passing on to the presentation of the documents in document Book VIII, the prosecution has prepared another list for Document Book VI, listing the document numbers, the exhibit numbers and the counts, and the defendants for which these various documents are concerned.
I hand three copies of the list to the Tribunal and fifteen copies to defense counsel, two copies to the Secretary General, and two copies each to the interpreters and reporters.
This, if Your Honors please, should be marked Exhibit 163a for identification. We have also prepared a similar list for Document Book No. VII which should be marked 193a for identification, I hand three copies to the Tribunal.
JUDGE BURKE: Just a moment, Mr. Fenstermacher; how is it to be paged at the bottom?
MR. FENSTERMACHER: Your Honors, I have forgotten to bring my document Book VI this morning but it would be inserted at the end of Document Book VI and be given the next two pages.
JUDGE BURKE: The Secretary has informed me that we will start with 112, page 112.
MR. FENSTERMACHER: All right, Your Honor.
--And twenty-two copies to defense counsel and two copies each to the court interpreters and reporters. This should be marked Exhibit 193a for identification and be inserted at the end of Document Book VII and given the pages in the English, pages 104, 105-- just a minute, Your Honors -- should be given in the English pages 109, 110 and 111 and in the German pages 89, 90, and 91.
We now turn to a consideration of the----
JUDGE BURKE: The Court hearing no objection, the exhibit will be received in evidence.
MR. FENSTERMACHER: And two copies of the exhibit for identification for the Secretary General.
Your Honors will recall that yesterday with the introduction of the documents in Document Book VII we were considering the period of January, February and March 1942 during which period the defendant General Kuntze was Commander-in-Chief of the 12th Army and Wehrmacht Commander Southeast and his Chief of Staff was the defendant General Foertsch.
With Document Book VIII we continue our narrative of events in the Southeast for the period of time, April, May, June and July 1942, during which time the defendants Kuntz and Foertsch were at Supreme Headquarters of the Southeast Command and General Bader was in Serbia as Plenipotentiary Commanding General in Serbia.
The first document in Document Book 8 is on page 1 of the English and page 1 of the German. Document NOKW-1075, which is offered as prosecution Exhibit 194.
This is a situation report dated 7 April 1942 of the 714th Infantry Division which was subordinate to General Bader in Serbia.
The subject of the report is: "Report of Enemy Situation of 16 March to 31 March 1942."
"Enemy Situation, Eastern Area 20 March.
Serbian volunteer Battalion Uzice captured 42 insurgents at Drenovacki -- Kik (17 kilometers South Valjevo) 30 were shot on the spot, 12 taken along to Uzice for interrogation."
I think we need not pay any particular attention to the distribution list to the report.
Turning next to page 2 of the English and page 2 of the German.
DR. HINDEMITH, (For Dr. Rauschenbach, representing General Foertsch): In the document which has been presented, I object to the correctness of the translation. The photostatic copy which I have here, has the letters, KTB, at the top, that means war diary or "Kriegstagebuch".
According to what the prosecutor has said, with his reference to the distribution list, it must be seen that from the document itself, that it went to the people concerned. I would like to ask that the transmission should be made right in the document, so the letters "KTB" are put at the top.
PRESIDING JUDGE BURKE: Is there a question of an improper interpretation?
DR. HINDEMITH: Yes, Your Honor, incorrect, in so far as the transmission did not come through completely. I did not hear it, the letters "KTB" are missing. That meant, "War Diary". I am sorry, it has just been pointed out to me by the prosecutor, that it is there in the document.
PRESIDING JUDGE BURKE: Very well.
MR. FENSTERMACHER: Turning next to page 2 of the English document Book, page 2 of the German, Document NOKW 881, which is offered in evidence as Prosecution Exhibit 195, this is a situation report from the Armed Forces Commander Southeast -- at this time the defendant Kunze -to Higher Headquarters in Berlin, the OKH and OKW.
The report is a review of the situation in the area of the Wehrmacht Commander Southeast, including 7 April 1942. Your Honors will note the distribution list at the top of the page, "OKW, Whermachtfuehrungsstab, National Defense", the OKH General Staff of the Army Operation Branch; OKH General Staff of the Army Organization Branch, OKH General Staff of the Army, Group Asia Minor and Balkans, and the Commander-in-Chief of the Luftwaffe, Luftwaffe Operational Staff.
Turning to paragraph 3 of the report, which is on page 3 of the English, and page 3 of the German:
Losses during the period from 21.3. to 5.4.1942 inclusive:
A) Own: Dead Wounded Missing Germans 3 1 5 Croatians 53 161 110 Serbian Auxiliary Police 13 13
B) Insurgents: 1262 shot in combat 66 shot or hanged in retaliation Including the above since 1 September 1941:
11.522 shot in combat 21.
802 reprisal measures.
and the report is signed in draft by the defendant Kuntze, General of the Engineers, as Wehrmacht Commander Southeast."
Turning next to page 4 of the English, and page 4 of the German, Document NOK" 1123, which is offered as Prosecution Exhibit 196, this is a directive -
PRESIDING JUDGE BURKE: Pardon me, will you present the Tribunal with the original document of Exhibit 195, please?
MR. FENSTERMACHER: Will Major Hatfield hand it to the Tribunal, please? .....Document handed to Court .....
MR. FENSTERMACHER: Exhibit 196, page 4 of the English, and page 4 of the German is a directive of Combat Group Bader, dated 10 April 1942, to the 178th Infantry Division. It relates to certain operational matters in Bosnia, as well as to the insignia work by the enemy. I direct the Tribunal's attention to paragraph 3, which is on page 4 of the English and page 4 of the German:
"Treatment of Insurgents: Insurgents captured bearing arms, as well as everyone in their following or who supports them are to be shot dead."
"Cetniks who do not resist the Allied troops, are not to be treated as Insurgents. Above all they are to be treated as prisoners according to the Hague Regulations for land warfare.
Other signs of distinction between Cetniks and Partisans:
Cetniks:
Uniform: Most of them in dark brown national costumes, officers in Serbian uniform, black fur cap with Serb coat of arms, Badges:
Badges of rank of the old Serbian army.
Partisans:
Uniform: German, Italian, Serbian uniforms or peasant dress.
Badges: Soviet star on the cap, indicating rank by means of Soviet Star and shoulder stripes. The political commissar has a sickle and hammer on the Soviet Star.
4.) Treatment of the civilian population The civilian population is to be treated with understanding and justice.
Villages in which arms and ammunition are found, or which befriend the bandits are to be burned down.
Civilians, who appear suspect of having befriended the insurgents are to be interned. An order will be issued with regard to their transfer to an Internment Camp.
The evacuation of whole areas, as well as of single villages by the civilian population is only to be carried out by order of the operational staff combat Group General Bader.
Civilians in the operational area of the Italian Division, who violate the issued decrees, are to be surrendered to the operational Staff Combat Group General Bader by the Italian Military authorities. Exceptions are civilians, who are guilty of violations, which are to be decided finally, according to Italian law, by Italian Military Special Courts.