Twenty-Eighth Day:
Monday, January 7th, 1946
[Page 1]
The presentation of the documents under this part of the
case should take all or the better part of the morning
session. At the conclusion of that, I propose to call a
single witness, one witness, Erich von dem Bach-Zelewski,
whose testimony on direct examination should not exceed 25
or 30 minutes. After that, I shall take possibly 10 minutes
to conclude, and that will be the entire presentation.
On this part of the case I propose to show that members of
the General Staff and High Command Group, including the
defendants who are members of the Group, ordered and
directed the commission of War Crimes, and thereby
participated in the commission of War Crimes in their
official capacity as members of the Group. I also propose to
show, in certain instances, the actual commission of War
Crimes by members of the German armed forces as a result of
these orders, or as a result of other orders and
arrangements made by members of the General Staff and High
Command Group which controlled the German armed forces.
However, I do not propose to make a full showing of War
Crimes committed by the German armed forces. The full
presentation of the evidence under Counts 3 and 4 will be
made pursuant to agreement among the Chief Prosecutors, by
the French and Soviet delegations, and a substantial amount
of the evidence to be presented by them will be relevant to
the charges against the General Staff and High Command
Group.
We will at this time show the Tribunal that the General
Staff and High Command became wedded to a policy of terror.
In some cases, the evidence of this policy is in documentary
form, and we will present the papers which were signed by,
initialled by and circulated among the members of the Group.
In other instances, where the actual crimes were committed
by other than members of the German armed forces, where, for
example, prisoners of war were handed over to and mistreated
by the S.S. or S.D., we will show that in those cases
members of this group were well aware that they were
assisting in the commission of War Crimes. We will show that
many crimes committed by the S.S. and S.D. were committed
with the knowledge and necessary support of the General
Staff and High Command Group.
The first matter which I will take up relates to the
killing, in violation of International Law and the rules of
war, of Allied Commandos, Paratroopers, and members of
military missions, and the first document to which I wish to
refer is 498-PS, which will be Exhibit USA 501.
[Page 2]
This order is one of the two basic documents in the story. I
will read it in full:-
2. For this reason it was already announced, in an
addendum to the Armed Forces report of 7th October,
1942, that in the future, Germany in the face of these
sabotage troops of the British and their accomplices,
will resort to the same procedure, that is, that they
will be ruthlessly mowed down by the German troops in
combat, wherever they may appear.
3. I, therefore order:
From now on all enemies on so-called Commando missions
in Europe or Africa, challenged by German troops, even
if they are to all appearances soldiers in uniform or
demolition troops, whether armed or unarmed, in battle
or in flight, are to be slaughtered to the last man. It
does not make any difference whether they are landed
from ships and airplanes for their actions, or whether
they are dropped by parachute. Even if these
individuals, when found, should apparently be prepared
to give themselves up, no pardon is to be granted them
on principle. In each individual case full information
is to be sent to the O.K.W. for publication in the
Report of the Military Forces.
4. If individual members of such Commandos, such as
agents, saboteurs, etc., fall into the hands of the
military forces by some other means, through the police
in occupied territories, for instance, they are to be
handed over immediately to the S.D. Any imprisonment
under military guard, in P.W. stockades, for instance,
etc., is strictly prohibited, even if this is only
intended for a short time.
This order does not apply to the treatment of any
soldiers who, in the course of normal hostilities, large-
scale offensive actions, landing operations and airborne
operations, are captured in open battle or give
themselves up. Nor does this order apply to enemy
soldiers falling into our hands after battles at sea, or
to enemy soldiers trying to save their lives by
parachute after air battles.
6. I will hold responsible under Military Law, for
failing to carry out this order, all commanders and
officers who either have neglected their duty of
instructing the troops about this order, or acted
against this order when it was to be executed."
Now, the same day Hitler issued a supplementary order, this
is, Document 503-PS, which will be Exhibit USA 542. This was
issued for the purpose of explaining the reasons why the
basic order was issued. In this explanation, Hitler gave a
rather different set of reasons for the issuance of the
order and pointed out that Allied Commando operations had
been extraordinarily successful in the destruction of rear
communications, intimidating labourers and destroying
important war plants in occupied areas. This is the other
basic document, and while I need not read it in full, I
would like to read substantial excerpts, starting with the
first paragraph at the top of the page:
The further distribution is to be limited accordingly by
the receiving bureaux.
The bureaux named in the distribution list are held
responsible for the return and destruction of all
distributed copies of this order and copies made
thereof."
Thereafter follows a distribution list and then the
supplementary order itself, signed by Hitler. I will start
reading the first two paragraphs of the supplementary order
which appear at the bottom of Page 1 of the translation:
As in no previous war, a method of destruction of
communications behind the front; intimidation of the
populace working for Germany; as well as the destruction
of war-important industrial plants in territories
occupied by us, has been developed in this war."
Yet this form of war is completely without danger to the
adversary, for, since he lands his sabotage troops in
uniform but at the same time supplies them with civilian
clothes, they can, according to need, appear as soldiers
or civilians. While they themselves have orders
ruthlessly to remove any German soldiers or even natives
who get in their way, they run no danger of suffering
really serious losses in their operations, since at the
worst, if they are caught, they can immediately
surrender in the belief that they will theoretically
fall under the provisions of the Geneva Convention.
There is no doubt, however, that this is a misuse in the
worst form of the Geneva agreements, especially since
part of these elements are even criminals, freed from
prisons, who can rehabilitate themselves through these
activities.
[Page 4]
If the German conduct of war is not to suffer grievous
damage through such methods, it must be made clear to
the adversary that all sabotage troops will be
exterminated, without exception, to the last man.
This means that their chance of saving their lives is
nil. Under no circumstances can it be permitted,
therefore, that a dynamite, sabotage, or terrorist unit
simply allows itself to be captured, expecting to be
treated according to the rules of the Geneva Convention.
It must, under all circumstances, be ruthlessly
exterminated.
The report on this subject appearing in the Armed Forces
communique will briefly and laconically state that a
sabotage, terror or destruction unit has been
encountered
and exterminated to the last man.
I therefore expect the officers commanding armies, as
well as individual commanders, not only to realise the
necessity of taking such measures, but to carry out this
order with all energy. Officers and non-commissioned
officers who fail through some weakness are to be
reported without fail or, if the circumstances require,
it, e.g., if danger is imminent, to be at once made
strictly accountable. The homeland, as well as the
fighting soldier at the front, has the right to expect
that the essentials of nourishment as well as the supply
of war-important weapons and ammunition remains secure.
These are the reasons for the issuance of this decree.
If it should become necessary, for reasons of
interrogation, initially to spare one or two men, then
they are to be shot immediately after such
interrogation." [Page 5]
In view of this situation, reference is made to
paragraph 6 of the Fuehrer Order of 18th October, 1942 -
and then a cross-reference - "according to which all
commanders and officers who have neglected their duty in
instructing their units about the order referring to
treatment of saboteurs are threatened with punishment by
court martial.
The first Fuehrer Order concerning this matter of 18th
October, 1942, was given the protection of Top Secret
merely because it stated therein (1) that according to
the Fuehrer's views, the spreading of military sabotage
organisations in the East and West may have tremendous
consequences for our whole conduct of the war and (2)
that the shooting of uniformed prisoners acting on
military orders must be carried out even after they have
surrendered voluntarily and asked for pardon.
On the other hand, the annihilation of sabotage units in
battle is not at all to be kept secret, but, on the
contrary, to be currently published in the O.K.W.
reports. The purpose of these measures - to act as a
deterrent - will not be achieved if those taking part in
enemy Commando operations do not learn that certain
death, and not safe imprisonment awaits them. As the
saboteurs are to be annihilated immediately unless their
statements are first needed for military reasons, it is
necessary that not only all members of the armed forces
must receive instructions that these types of saboteurs,
even if they are in uniform, are to be annihilated, but
also all departments of the Home Staff, dealing with
this kind of questions, must be informed of the course
of action which has been ordered."
THE PRESIDENT: Colonel Taylor, did you read the paragraph
beginning, "Practical difficulties ..."?
COLONEL TAYLOR: No, your Honour. I will read that.
THE PRESIDENT: I think you should.
COLONEL TAYLOR:
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(Part 1 of 10)
"1. For some time our enemies have been using, in their
warfare, methods which are outside the International
Geneva Conventions. Especially brutal and treacherous is
the behaviour of the so-called Commandos, who, as is
established, are partially recruited even from freed
criminals in enemy countries. From captured orders it is
divulged that they are directed not only to shackle
prisoners, but also to kill defenceless prisoners on the
spot at the moment in which they believe that the
latter, as prisoners, represent a burden in the further
pursuit of their purposes, or could otherwise be a
hindrance. Finally, orders have been found in which the
killing of prisoners has been demanded in principle.
It is signed, by Adolf Hitler, and the Tribunal will note
that this order was issued by O.K.W. in 12 copies, and the
distribution shown on the second page included
[Page 3]
the three Supreme Commands, Army, Sea, and Air, and the
principal Field Commands.
"Added to the decree concerning the destruction of terror
and sabotage troops" - then in parentheses was a cross
reference to the order which I have just read - a
supplementary order of the Fuehrer is enclosed.
It is signed, "The Chief of the High Command of the Armed
Forces, by order of Jodl."
"This order is intended for commanders only and must
not, under any circumstances, fall into enemy hands.
"I have been compelled to issue strict orders for the
destruction of enemy sabotage troops and to declare non-
compliance with these orders severely punishable. I deem
it necessary to announce to the competent commanding
officers and commanders the reasons for this decree.
I propose to pass to the bottom of Page 2, the last two
paragraphs on Page 2 of the translation:
"The consequences of these activities are of
extraordinary weight. I do not know whether each
commander and officer is cognisant of the fact that the
destruction of one single electric power plant, for
instance, can deprive the Luftwaffe of many thousand
tons of aluminium, thereby eliminating the construction
of countless aircraft that will be missed in the fight
at the front, and so contributing to serious damage of
the homeland as well as to bloody losses of the fighting
soldiers.
Your Lordship, the next is Document C-179 which will be
Exhibit USA 543. As this document shows, ten days later, on
28th October, 1942, and while the defendant Raeder was
Commander-in-Chief of the German Navy, the Naval War Staff
in Berlin transmitted its copy of the basic order of 18th
October to the lower naval commands. The copy distributed by
the Navy and the covering: memorandum from the Naval War
Staff show clearly the secrecy which surrounded the
dissemination of this order, and I read the first sheet of
this. document only, the cover sheet:
"Enclosed please find a Fuehrer Order regarding
annihilation of terror and sabotage units. This order
must not be distributed in writing by flotilla leaders,
section commanders or officers of this rank. After
verbal notification to subordinate sections, the above
officers must hand this order over to the next higher
section, which is responsible for its withdrawal and
destruction."
Passing over to Page 3 of this document, at the very end, we
find a similar admonition in the notice for distribution, at
the very end of the document. I read:
"These instructions are not to be distributed over and
above the battalions and the corresponding staffs of the
other services. After notification those copies,
distributed over and above the regimental and
corresponding staffs of the other services, must be
withdrawn and destroyed."
The next document, your Lordship, is C-178, which becomes
Exhibit USA 544. This document is dated 11th February, 1943,
which was twelve days after the defendant Donitz had become
Commander-in-Chief of the German Navy. On that day, this
memorandum was circulated within the Naval War Staff in
order to clear up certain misunderstandings as to the scope
of the basic
"From the notice given by the Naval War Staff on 1st
February, 1943, it has been discovered that the
competent departments of the General Staff of the Army,
as well as those of the Air Force Operations Staff, have
a wrong conception regarding the treatment of saboteurs.
A telephone inquiry at the Naval War Staff proved that
this naval authority was not correctly informed either."
I will call the Tribunal's attention to the two reasons
given in that quotation for keeping secret from the public,
knowledge of the fact that uniformed prisoners would be
shot, even after they had surrendered and asked for pardon.
This shows a clear awareness that that was in direct
contravention of The Hague and Geneva Conventions.
"Practical difficulties may develop because of the
definition of the term 'Sabotage Units.' The
annihilation and destruction, according to paragraph 5
of the Fuehrer Order of 18th October, do not apply to
troops participating in large-scale landing operations
and large-scale air-borne operations. The criterion is
to be found in that, in the latter case, an open battle
takes place, whereas, for instance, ten or more people
who land by sea or air, or drop by parachute not to
fight an open battle but to destroy either a factory, a
bridge or a railway installation, would fall into the
category of those who must be annihilated."