Twenty-Eighth Day:
Monday, January 7th, 1946
[Page 10]
1. Even after the landing of Anglo-Americans in France,
the order of the Fuehrer on the destruction of terror
and sabotage units of 18th October, 1942, remains fully
in force.
Enemy soldiers in uniform in the immediate combat area
of the bridgehead, that is, in the area of the divisions
fighting in the most forward lines, as well as of the
reserves up to the Corps Commands, according to number 5
of the basic order of 18th October, 1942, remain
exempted.
2. All members of terror and sabotage units, found
outside the immediate combat area, including
fundamentally all parachutists, are to be killed in
combat. In special cases, they are to be turned over to
the S.D.
3. All troops, committed outside the combat area of
Normandy, are to be informed, briefly and succinctly,
according to the directives issued for it, about the
duty to destroy enemy terror and sabotage units.
4. Supreme Commander West will report immediately each
day, how many saboteurs have been liquidated in this
manner. This applies especially also to undertakings by
the military commanders. The number is to be published
daily in the Armed Forces Communique to exercise a
frightening effect, as had already been done towards
previous Commando undertakings in the same manner." [Page 11]
In the areas of the High Command South-east and South-
west, members of foreign so-called 'Military Missions'
(Anglo-American as well as Soviet-Russian), captured in
the course of the struggle against Partisans, shall not
receive the treatment as specified in the special orders
regarding the treatment of captured Partisans.
Therefore, they are not to be treated as prisoners of
war but in conformity with the Fuehrer's order
concerning the elimination of terror and sabotage troops
of 18th October, 1942.
This order shall not be transmitted to other units of
the Armed Forces via the High Commands and equivalent
staffs, and is to be destroyed after being made known.
The Chief of the High Command of the Wehrmacht,
Keitel."
This concludes the presentation of documents with respect to
the order of the 18th October, 1942, and its subsequent
enforcement and application. I can pass from here to another
subject.
THE PRESIDENT: We will adjourn for ten minutes now.
(A recess was taken.)
COL. TAYLOR: Your Lordship, the order I have just been
discussing operated chiefly in the Western theatre of war.
This was natural, since Germany occupied almost the entire
Western coast of Europe from 1940 until the last year of the
war, and during that period land fighting in Western Europe
was largely limited to Commando Operations.
I want to pass now to the Eastern front, where there was
large-scale land fighting in Poland and the Soviet Union,
from 1941 on. Here the German forces were fighting among a
hostile population and had to face extensive Partisan
activities behind their lines. I propose to show here that
the activities of the German Armed Forces against Partisans
and against other elements of the population became a
vehicle for carrying out Nazi political and racial policies,
and a vehicle for the massacre of Jews, and numerous
segments of the Slav population which were regarded by the
Nazis as undesirable. I will show that it was the policy of
the German Armed Forces to behave with the utmost severity
to the civilian population of the occupied territories, and
that its military operations, particularly against
Partisans, were so conducted as to advance the Nazi policies
to which I have referred.
I will show that they supported, assisted and acted in co-
operation with the S.S. groups to which reference has been
made in the presentation by Major Farr and Colonel Storey.
I do not plan to make a full or even partial showing of War
Crimes on the Eastern front. That will be done by the Soviet
delegation. Nor do I plan to retrace the ground covered by
Colonel Storey and Major Farr during their presentation of
the evidence against the S.S., S.D. and Gestapo, except to
the extent necessary to clarify the relations between these
organisations and the German Armed Forces, and to
demonstrate their close collaboration in the occupied
territories of Eastern Europe.
[Page 12]
The fact that the operational areas in the East are so
far-flung, the battle strategy which this necessitates,
and the peculiar qualities of the enemy, confront the
courts martial with problems which, being short-staffed,
they cannot solve while hostilities are in progress, and
until some degree of pacification has been achieved in
the conquered areas, unless jurisdiction is confined, in
the first instance, to its main task.
This is possible only if the troops take ruthless action
themselves, against any threat from the enemy
population.
For these reasons I herewith issue the following order
effective for the area 'Barbarossa' (Area of Operations,
Army Rear Area, and Area of Political Administration):
I. Treatment of offences committed by Enemy Civilians.
2. Guerrillas should be disposed of ruthlessly by
the military, whether they are fighting or in
flight.
3. Likewise all other attacks by enemy civilians on
the Armed Forces its members and employees, are to
be suppressed at once by the military, using the
most extreme methods, until the assailants are
destroyed.
4. Where such measures have been neglected or were
not at first possible, persons suspected of criminal
action will be brought at once before an officer.
This officer will decide whether they are to be
shot.
On the orders of an officer with the powers of, at
least, a Battalion Commander, collective drastic
measures will be taken without delay against
localities from which cunning or malicious attacks
are made on the Armed Forces, if circumstances do
not permit of a quick identification of individual
offenders.
5. It is expressly forbidden to keep suspects in
custody in order to hand them over to the courts
after the reinstatement of civil courts.
6. The Commanders-in-Chief of the Army Groups may,
by agreement with the competent Naval and Air Force
Commanders, reintroduce military jurisdiction for
civilians, in areas which are sufficiently pacified.
For the area of the Political Administration this
order will be given by the Chief of the Supreme
Command of the Armed Forces.
2. When judging such offences, it must be borne in
mind, whatever the circumstances, that the collapse
of Germany in 1918, the subsequent
[Page 13]
3. Therefore, the judicial authority will decide in
such cases whether disciplinary action is indicated,
or whether legal proceedings are necessary. In the
case of offences against inhabitants it will order a
court martial only if maintenance of discipline or
security of the forces call for such a measure. This
applies, for instance, to serious offences
originating in lack of self-control in sexual
matters, or in a criminal disposition, and to those
offences which indicate that the troops are
threatening to get out of hand. Offences which have
resulted in senseless destruction of billets or
supplies or other captured material, to the
disadvantage of our forces, should as a rule be
judged no less severely.
The order to institute proceedings requires in every
single case the signature of the judicial authority.
4. Extreme caution is indicated in assessing the
credibility of statements made by enemy civilians.
2. Their legal advisers are notified promptly of
these instructions and of verbal information in
which the political intentions of the High Command
were explained to Commanders-in-Chief.
3. Only those court sentences are confirmed which
are in accordance with the political intentions of
the High Command.
Once the camouflage is lifted, this decree will be
treated as 'Most Secret.'"
1. Since the beginning of the campaign against Soviet
Russia, Communist insurrection movements have broken out
everywhere in the area occupied by Germany. The type of
action taken is growing from propaganda measures and
attacks on individual members of the Armed Forces, to
open rebellion and widespread guerrilla warfare.
It can be seen that this is a mass movement centrally
directed by Moscow, which is also responsible for the
apparently trivial isolated incidents in areas which
otherwise have been quiet up to now.
In view of the many political and economic crises in the
occupied areas, it must, moreover, be anticipated that
nationalist and other circles will make full use of this
opportunity of making difficulties for the German
occupying forces, by associating themselves with the
Communist insurrection.
[Page 14]
2. The measures taken up to now, to deal with this
general Communist insurrection movement, have proved
inadequate. The Fuehrer has now given orders that we
take action everywhere with the most drastic means, in
order to crush the movement in the shortest possible
time.
Only this course, which has always been followed
successfully throughout the history of the extension of
influence of great peoples, can restore order.
3. Action taken in this matter should be in accordance
with the following general directions:
(b) In order to nip these machinations in the bud,
the most drastic measures should be taken
immediately and on the first indication, so that the
authority of the occupying forces may be maintained,
and further spreading, prevented. In this connection
it should be remembered that a human life, in the
countries concerned, frequently counts for nothing,
and a deterrent effect can be attained only by
unusual severity. The death penalty for fifty to one
hundred Communists should generally be regarded in
these cases as suitable atonement for the death of
one German soldier. The way in which sentences are
carried out should still further increase the
deterrent effect.
The reserve course of action, that of imposing
relatively lenient penalties, and of being content,
for deterrent purposes, with the threat of more
severe measures, does not accord with these
principles and should not be followed." [
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(Part 3 of 10)
[COLONEL TAYLOR continues]
"Subject: Treatment of Commando Participants.
Your Lordship, there is just one further development in
connection with this order, this basic order, and that was
in July, 1944. The question was then raised within the
German High Command as to whether the order should be
applied to members of foreign military missions, with
special regard to the British, American and Soviet Military
Missions which were co-operating with Allied Forces in South-
eastern Europe, notably in Yugoslavia. A long document
signed by Warlimont, which is 1279-PS, and becomes Exhibit
USA 552, embodies the discussions which were held at O.K.W.
I think I need not read from this document, and merely wish
to point out that the Armed Forces Operational Staff
recommended, that the order should be applied
"Subject: Treatment of members of foreign 'Military
Missions,' captured together with Partisans.
Pursuant to this order, approximately fifteen members of an
Allied Military Mission to Slovakia were executed in
January, 1945, as is shown by Document L-51, which is
already in the record as Exhibit USA 521, and which has been
read in full by Lieutenant Harris. I will not read it again.
"The application of martial law aims, in the first
place, at maintaining discipline.
Your Lordship, the next document will be C-148, Exhibit USA
555. Less than three months after the invasion of the Soviet
Union, the instructions which I have just read were
amplified and made even more drastic. Document C-148 is an
order dated 16th September, 1941, signed by Keitel, and
widely distributed, as is shown on the second sheet where
the distribution is listed. This order is of general
application in all theatres of war, but from its contents it
is clearly of primary importance for the Eastern Front. I
read, beginning at the start of the order:
1. Until further notice the military courts and the
courts martial will not be competent for crimes
committed by enemy civilians.
II. Treatment of offence committed against inhabitants
by members of the Wehrmacht and its employees.
1. With regard to offences committed against enemy
civilians by members of the Wehrmacht and its
employees, prosecution is not obligatory, even where
the act is at the same time a military crime or
offence.
III. Responsibility of Military Commanders within their
sphere of competence: Military Commanders are personally
responsible for seeing that:
1. Every commissioned officer of the units under
their command is instructed promptly and in the most
emphatic manner on principles set out under (1)
above.
IV. Security.
"Subject: Communist Insurrection in occupied
territories.
Unless the Court desires the next paragraph read, I will
pass to Page 2, at the very end of the document, paragraph
No. 4:
(a) It should be inferred, in every case of
resistance to the German occupying forces, no matter
what the individual circumstances, that it is of
Communist origin.
"The commanding officers in the occupied territories
will see to it that these principles are made known
without delay to all military establishments concerned
in dealing with Communist measures of insurrection."
"Signed "Keitel."