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                                     PARTIAL TRANSLATION OF DOCUMENT C-2
Supreme Command of the Armed Forces
No 1103.38 Most Secret Ausl. Vl.

                                                                7 Copies
                                                                7th Copy

     (Section G. Army General Staff)
     (Naval War Staff, 1st Division, for the attention of Min. Rat. Dr.
Reich Minister for Air and Civ C. Air Force
     (Air Force General Staff for the attention of Reg. Rat. Dr.
Foreign Office via the Foreign Office Representative (VAA)

Enclosed is a list drawn up by Section L of the OKW of the violations of
international law which may be expected on the part of fighting troops.

Owing to the short time allowed for the compilation, columns C 1 and C 2
had to be filled directly here for the time being.

The branches of the Armed Forces are requested to send in their opinion
so that a final version may be drawn up.

The same is requested of the Foreign Office.

The Chief of the Supreme Command of the Armed Forces.

                                                                By Order
                                                             sgd. Burker
                                                            3 Enclosures
                                                              [Page 800]

                         MOST SECRET

(a) Incidents     (b) Example       (c) Attitude of the International Law
                                    [Gruppe Voelkenrecht]

                                    (1) Judgment by International(2) Justification
                                    Law                 by the laws of

(1) Bombing or                      (I) Art. 25 of the  
shelling attacks                    Hague Rules for
on localities                       Land Warfare of
where there are                     1907 forbids
no military                         attacks and firing
installations.                      on undefended
                                    towns, villages,
                                    dwellings and
                                    buildings by
                                    whatever means.
                                    Bombing by
                                    aircraft is to be
                                    included in the
                                    qualification "by
                                    whatever means".
(a) Bombing of    (1)(a) In an air- Giving the          An accident of
extraterritorial  raid on Prague    supposition that    this kind can
buildings and     the British       no orders for the   best be explained
areas.            Embassy is        bombing of extra-   publicly by the
                  destroyed         territorial         fact that the
                                    buildings and       British Embassy
                                    areas will be       is in the
                                    given by us under   immediate
                                    any circumstances,  vicinity of
                                    the action in the   military
                                    case in question    installations,
                                    would have been     the bombing of
                                    carried out by      which was an
                                    mistake.            indispensible
                                                        necessity. If,
                                                        Embassy was hit
                                                        by mistake, it is
                                                        to be described
                                                        as a regrettable
                                                        accident, as such
                                                        are unfortunately
                                                        unavoidable in
                                                        war. The German
                                                        Government will
                                                        pay compensation
                                                        for the damage.

(2) Injuring or   Englishmen or     Since it must be    The deaths and
killing of        Frenchmen are     assumed that the    injuries caused
subject of        injured or        deaths or injuries  unintentionally
neutral states    killed.           were caused         are to be excused
outside the                         unintentionally by  as being
actual war zone                     our troops, there   unavoidable
                                    is no question of   accidents which
                                    a violation of      the events of war
                                    international law.  can cause even to
                                                        Compensation is
                                                        to be guaranteed.

(3) Bombing and   (3) The           Art. 17 of the      It seems
shelling attacks  Hradschin is      Hague Rules for     appropriate, in
on hospitals,     destroyed in an   Land Warfare lays   this case, to
military          air raid on       down that during    make a public
hospitals,        Prague.           sieges and          announcement with
churches, and                       bombardments all    the corresponding
cultural                            necessary steps     justification
monuments.                          must be taken to    after the attack.
                                    spare, as much as
                                    possible, any
                                    building dedicated
                                    to religious
                                    services, art,
                                    science, welfare;
                                    also historical
                                    hospirals and
                                    centers for sick
                                    and wounded,
                                    provided that they
                                    are not at the
                                    same time being
                                    used for military
                                    purposes. The
                                    elucidation of the
                                    last named
                                    reservation above
                                    is always very
                                    difficult and
                                    lengthy. Unless
                                    such a case is
                                    established, it
                                    cannot be judged
                                    by international
                                    law. Deliberate
                                    firing on
                                    buildings which
                                    are above
                                    suspicion is
                                    contrary to
                                    International Law
                                    in any case.
                                    Under the           
                                    supposition that
                                    the Prague
                                    Hradschin, as the
                                    seat of
                                    government, is
                                    used for military
                                    purposes, which
                                    include, among
                                    other things, the
                                    maintenance of the
                                    military power of
                                    the Czech people,
                                    air attacks upon
                                    it are justified.

(4) Use of war    (4) On account    According to the    If the assertion,
weapons which can of a report that  declaration agreed  that the opponent
be employed under the Czechs have   to in June 1925 by  -- in this case
certain           used gas, the     40 states,          the Czechs --
conditions or of  firing of gas     including           used a projibited
new types of war  projectiles is    Czechoslovakia,     gas in warfare,
weapons such as   ordered.          the employment of   is to be believed
gas, flame                          poison gases,       by the world, it
throwers,                           chemical warfare    must be possible
chemical warfare                    agents, and         to prove it. If
agents and                          bacteriological     that is possible,
bacteriological                     substances is       the firing of gas
substances.                         expressly           projectiles is
                                    forbidden. Quite a  justified and it
                                    number of states    must be given out
                                    made the            in public that it
                                    reservation to      can be proved
                                    this declaration    that the enemy
                                    on the projibition  was the first to
                                    of gas warfare,     violate the
                                    that they consider  prohibition. It
                                    themselves exempt   is therefore
                                    from the            particularly
                                    prohibition should  important to
                                    the opponent use    furnish the
                                    gas. Therefore,     proof. If the
                                    the burning         assertion is
                                    question of who     unfounded or only
                                    violated the        partially
                                    prohibition first   founded, the gas
                                    will always arise   attack is to be
                                    when the decision   represented only
                                    is made. Whether    as the need for
                                    this can be         carrying out a
                                    established is      justified
                                    doubtful.           reprisal, in the
                                                        same way did the
                                                        Italians in the
                                                        Abyssinian War.
                                                        In this case,
                                                        however, the
                                                        justification for
                                                        such harsh
                                                        reprisals must
                                                        also be proved.
(5) Retaliatory   (5) Czech         If the inhabitants  If Czech
measures against  civilians, not    of an enemy         civilians, who
enemy civilians   recognizable as   territory under     are not
who take part in  soldiers are      our occupation      recognizable as
combat or are     caught in the     commit hostile      soldiers, are
guilty of         act of sabotage   acts against us or  seized while
espionage         (destruction of   our allies, they    committing the
(Passing of       important         are guilty of war   acts and crimes
intelligence).    bridges,          treason, which      mentioned in the
                  destruction of    must be judged by   case 5b, and shot
                  foodstuffs and    German law (Armed   out of hand, this
                  fodder) or are    Forces Penal        type of
                  discovered        Gazette). The       retaliatory
                  looting wounded   right to punish     measure is
                  or dead soldiers  enemy civilians     justifiable and
                  and thereupon     for committing      permissible under
                  shot.             hostile acts        International Law
                                    against the         only if the lives
                                    occupying power     of our own troops
                                    derives from Art.   were endangered.
                                    43 of the Hague     If offenders of
                                    Rules for Land      this kind are
                                    Warfare which       taken prisoner,
                                    allows the          they may not
                                    occupying power to  simply be put
                                    carry out public    against a wall,
                                    administration and  but must be tried
                                    expressly assigns   according to the
                                    to it the           decrees relating
                                    responsibility for  to the case. This
                                    the maintenance of  procedure can
                                    public order and    take place
                                    public life.        briefly and
                                                        summarily in the
                                                        field. The
                                                        experiences of
                                                        the World War
                                                        have taught us
                                                        that this
                                                        procedure offers
                                                        the enemy no
                                                        opportunity of
                                                        attack, whereas
                                                        without trial are
                                                        the best
                                                        foundations for
                                                        the enemy's
                                                        actually made on
                                                        our part will
                                                        have to be
                                                        explained either
                                                        as the necessity
                                                        for our troops to
                                                        defend themselves
                                                        or by the
                                                        assertion that
                                                        the Czechs
                                                        attempted to
(6) Forcing of    (6) Captured      Art. 31 of the      The use of such
prisoners and     Czech soldiers    agreement signed    measures can be
civilians into    or Czech          on 27 July 1929,    justified as a
employment in war civilians are     concerning the      necessity of war,
work (road        detailed to do    treatment of        or with the
construction,     road work or to   prisoners of war,   assertion that
digging trenches, load munitions.   forbids the         the enemy acted
production of                       directing of        in the same way
munitions,                          prisoners of war    first.
employment in the                   into work which is
transport service                   directly connected
etc.).                              with war measures.
                                    Enforcement to do
                                    such work is, in
                                    any case, contrary
                                    to international
                                    law. Prisoners of
                                    war and civilians
                                    may be employed in
                                    road building but
                                    not in the
                                    production of
(7) Measures      (7) For military  Art. 52 of the      Necessity is the
against the       reasons it is     Hague Rules for     only reason
population        necessary to      Land Warfare        justifying
connected with    requisition       allows the          excessive
the               billets,          occupying powers    requisitioning of
requisitioning of foodstuffs and    to claim payment    toilets and the
billets, supplies fodder from the   in kind and         deliveries of
o f foodstuffs,   Czech             service from the    foodstuffs and
fodder and        population. As a  communities and     fodder. Mention
live-stock etc,   result the        inhabitants of an   that the troops
                  latter suffer     occupied            are suffering
                  from want.        territory. These    from the same
                                    payments must be    shortage would be
                                    in relation to the  appropriate.
                                    resources of the    Moreover it must
                                    country.            be added that
                                                        women, children,
                                    Harsh oppression    and invalids will
                                    of the civil        be provided for
                                    population is       as far as
                                    justified only if   possible.
                                    the occupying
                                    power is itself in
                                    need and must
                                    live. Oppression
                                    and the enforced
                                    delivery of goods
                                    unless they are a
                                    due military
                                    necessity are not
                                    only contrary to
                                    international law,
                                    they are also
(8) Compulsory    (8) Czech         According to Art.   The most
evacuation of the population is,    43 of the Hugue     advisable
population from   for military      Rules for Land      justification is
their homes.      reasons,          Warfare and if      that the
                  compulsorily      military necessity  inhabitants must
                  evacuated to the  ugently requires    be protected
                  rear area.        it. The removal of  against
                                    inhabitants to the  bombardment.
                                    rear of the
                                    operational zone
                                    is authorized by
                                    international law.
(9) Measures      (9) Churches are  German soldiers     If the urgent
which affect      used for          will use churches   military
religious and     military          as military         necessity exists,
church life.      accommodation.    accommodation for   justification
                                    men and horses      under
                                    only in the most    International Law
                                    extreme case of     is granted and
                                    need.               must be given out
                                                        in public with
                                                        this as the
                                                        Experience has
                                                        show, however,
                                                        that the use of
                                                        buildings for
                                                        such purphoses
                                                        offers effective
                                                        material to the
                                                                 [Page 806]
(a) Incidents     (b) Example       (c) Attitude of International Law
                                    (1) Judgment by     (2) Justification
                                    International :Law  by the laws of
(10) Violation of (10) In the       According to Art.   An attempt at
neutral           course of their   1 of the 5th Hague  denial should
territorial       duty, German      Convention of 18    first be made. If
rights by         aircraft fly      October 1907, the   it is
aircraft flying   over Polish       territory of        unsuccessful, a
over or by        territory where   neutral powers is   request for
bombing.          they are          not to be           pardon should be
                  involved in an    violated. A         made (on the
                  air battle with   deliberate          grounds of
                  Czech aircraft.   violation by        miscalculation of
                                    flying over this    position) to the
                                    territory is a      Polish
                                    breach of           Government, and
                                    International Law,  compensation for
                                    if the neutral      damage
                                    powers have         guaranteed.
                                    declared an air
                                    barrier for combat
                                    aircraft. If
                                    German planes fly
                                    over Polish
                                    territory this
                                    constitutes a
                                    violation of
                                    International Law,
                                    provided that this
                                    action is not
(11) Measures of  11(a) Stationing  No judgment by      
naval warfare     of U-boats and    international law,
which are part of war activity      of the questions
the mine-U-boat   within the        listed here, can
war, the blockage approaches to     be made without
and the war of    the Baltic or     consultation with
merchant shipping within neutral    OKM, as it is not
(on the basis of  coastal water.    known here, what
material          (b) Prize laws    measures are
available to the  measures as part  intended should
Naval War Staff). of the war on     the occasion
                  merchant          arise.
                  shipping, which
                  are objected to
                  by the enemy or
                  by neutrals as
                  contrary to
                  (c) Use of
                  armament by
                  armed merchant
                  (d) Announcement
                  of declared
(12) Measures     (12)              The spreading of    Justification of
aimed at          Proclamations     news by whatever    our own measures
stiffening the    over the German   means with a view   is not necessary;
will to resist on radio to          to raising the      in any case the
the part of       Hungarian,        moral forces of     opponents will
national          Slovak and        people in the       reply with their
minorities either Polish            enemy territories   own, i.e. counter
foreign or of     minorities who    who are racially    propaganda.
German origin in  are opposed to    related or
enemy countries   the Czech         connected is
(by the           Government.       included in the
distribution of                     ruses of warfare,
leaflets, by air                    allowed under Art.
proclamations,                      24 of the Hague
broadcasts,                         Rules for Land
training and                        Warfare.

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