dtufail/nuremberg-trials-corpus huggingface dataset:
COL. TAYLOR: I would, however, like to read 537-PS, which is Exhibit USA-553. This is the order which actually resulted from these discussions. It is dated 30 July 1944. I will read that in full: "Subject: Treatment of members of foreign 'Military Missions' captured together with partisans. "In the areas of the High Command Southeast and Southwest, 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 annihilation of terror and sabotage troops of 18 October 1942. "This order shall not be transmitted to units subordinate to the corps commands and the equivalent staffs of the other branches of the Armed Forces, and is to be destroyed after being made known. "The Chief of the High Command of the Wehrmacht, Keitel" Pursuant to this order, approximately 15 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 wit not read it again. This concludes the presentation of documents with respect to the order of the 18th of October 1942 and its subsequent enforcement and application. I can pass from here to another subject.
THE PRESIDENT: We will adjourn for 10 minutes now.
COL. TAYLOR: Your Lordship, the order I have just been discussing operated chiefly in the Western Theater 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 largescale 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 the Armed Forces supported, assisted, and acted in cooperation with the SS 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 SS, SD, and Gestapo, except to the extent necessary to clarify the relations between these organizations and the German Armed Forces and to demonstrate their close collaboration in the occupied territories of Eastern Europe.
COL. TAYLOR: The first document to which I will make reference is Document C-50, which will be Exhibit USA-554; and it will show that these policies of severity were determined upon and made official even before the invasion of the Soviet Union took place. This document consists of an order by Hitler dated 13 May 1941 and two covering transmittal sheets of subsequent date. I ask The Tribunal to note on Page 4 of the translation that the order is signed by Keitel, the Chief of the Supreme Command of the Armed Forces, and also to note the distribution, which appears at the foot of the second sheet, showing the distribution to the principal staff sections. The order itself begins on the third page, and that is where I propose to read. The document is entitled, "Order concerning the exercise of martial jurisdiction and procedure in the area 'Barbarossa' and special military measures": "The application of martial law aims, in the first place, at maintaining discipline. "The fact that the operational areas in the East are so farflung, 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 themselves take ruthless action 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 offenses committed by enemy civilians. "1. Until further notice the military courts and the courtsmartial will not be competent for crimes committed by enemy civilians. "2. Guerillas should be disposed of ruthlessly by the military, whether they are fighting or in flight. "3.
COL. TAYLOR: 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 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. "II. Treatment of offenses committed against inhabitants by members of the Armed Forces and its employees. "1. With regard to offenses committed against enemy civilians by members of the Wehrmacht and its employees prosecution is not obligatory, even where the deed is at the same time a military crime or offense. "2. When judging such offenses, it must be borne in mind, whatever the circumstances, that the collapse of Germany in 1918, the subsequent sufferings of the German people, and the fight against National Socialism which cost the blood of innumerable supporters of the movement, were caused primarily by Bolshevistic influence and that no German has forgotten this fact. "3. Therefore, the judicial authority will decide in such cases whether a disciplinary penalty is indicated, or whether legal proceedings are necessary.
COL. TAYLOR: In the case of offenses 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 offenses originating in lack of self-control in sexual matters or in a criminal disposition and to those which indicate that the troops are threatening to get out of hand. Offenses which have resulted in senseless destruction of billets or stores 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. "III. Responsibility of military commanders of the troops. 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 I, above. "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 the commanders-in-Chief . "3. Only those court sentences are confirmed which are in accordance with the political intentions of the High Command. "IV. Security. Once the camouflage is lifted, this decree will be treated as 'most secret."' Your Lordship, the next document will be C-148, Exhibit USA555. Less than 3 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 16 September 1941, signed by Keitel, widely distributed, as is shown on the second sheet where the distribution is listed. This order is of general application in all theaters 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: "Subject: Communist insurrection in occupied territories.
COL. TAYLOR: "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 into open rebellion and widespread guerilla 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 up to now have been otherwise quiet. "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. "This creates an increasing danger to the German war effort, which shows itself chiefly in general insecurity for the occupying troops, and has already led to the withdrawal of forces to the main centers of disturbance. "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: "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. "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.
COL. TAYLOR: 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 50-100 Communists should generally be regarded in these cases as suitable atonement for one German soldier's death. The way in which sentence is carried out should still further increase the deterrent effect. "The reverse course of action, that of imposing relatively lenient penalties and of being content, for purposes of deterrence, with the threat of more severe measures does not accord with these principles and shall not be followed." Unless the Court desires the next paragraph read, I will pass to Page 2, at the very end of the document, Paragraph Number 4: "The commanding officers in the occupied-territories shall 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." ~ Your Lordship, the next document will have the Exhibit Number USA-556, and it has been given the number D-411. It also has the designation UK-81. It is the last document in Document Book 2. This is a set of documents which includes a directive, dated 10 October 1941, by Field Marshal Von Reichenau, who was the Commander in-Chief (Oberbefehlshaber) of the German 6th Army then operating on the Eastern Front. Reichenau, who died in 1942, was therefore a member of the group as defined in the Indictment ; and here is what he had to say. I begin reading at Page 5 of the translation: "Subject: Conduct of troops in Eastern Territories. "Regarding the conduct of troops towards the Bolshevistic system, vague ideas are still prevalent in many cases. The most essential aim of war against the Jewish-Bolshevistic system is a complete destruction of their means of power and the elimination of Asiatic influence from the European culture. In this connection the troops are facing tasks which exceed the one-sided routine of soldiering.
COL. TAYLOR: The soldier in the Eastern Territories is not merely a fighter according to the rules of the art of war, but also a bearer of ruthless national ideology and the avenger of bestialities which have been inflicted upon German and racially related nations. "Therefore, the soldier must have full understanding for the necessity of a severe but just revenge on subhuman Jewry. The Army has to aim at another purpose, that is the annihilation of revolts in the hinterland, which as experience proves, have always been caused by Jews. "The combatting of the enemy behind the front line is still not being taken seriously enough. Treacherous, cruel partisans and unnatural women are still being made prisoners of war; and guerilla fighters dressed partly in uniforms or plain clothes and vagabonds are still being treated as proper soldiers and sent to prisoner-of-war camps. In fact, captured Russian officers talk even mockingly about Soviet agents moving openly about the roads and very often eating at German field kitchens. Such an attitude of the troops can only be explained by complete thoughtlessness, so it is now high time for the commanders to clarify the meaning of the present struggle. "The feeding of the natives and of prisoners of war who are not working for the Armed Forces from army kitchens is an equally misunderstood humanitarian act, as is the giving of cigarettes and bread. Things which the people at home can spare under great sacrifices and things which are being brought by the command to the front under great difficulties should not be given to the enemy by the soldier, not even if they originate from booty. It is an important part of our supply. "When retreating the Soviets have often set buildings on fire. The troops should be interested in extinguishing fires only as far as it is necessary to secure sufficient numbers of billets. Otherwise, the disappearance of symbols of the former Bolshevistic rule, even in the form of buildings, is part of the struggle of destruction.
COL. TAYLOR: Neither historic nor artistic considerations are of any importance in the Eastern Territories. "The command issues the necessary directives for the securing of raw materials and plants essential for war economy. The complete disarming of the civil population in the rear of the fighting troops is imperative, considering the long and vulnerable lines of communication. Where possible, captured weapons and ammunition should be stored and guarded. Should this be impossible because of the situation, the weapons and ammunition will be rendered useless. If isolated partisans are found using firearms in the rear of the Army, drastic measures are to be taken. These measures will be extended to that part of the male population who were in a position to hinder or report the attacks. The indifference of numerous allegedly anti-Soviet elements, which originates from a 'wait-and-see' attitude, must give way to a clear decision for active collaboration. If not, no one can complain about being judged and treated as a member of the Soviet system. "The fear of the German counter measures must be stronger than the threats of the wandering Bolshevistic remnants. Being far from all political considerations of the future, the soldier has to fulfill two tasks: ' "1. Complete annihilation of the false Bolshevistic doctrine of the Soviet State and its armed forces. "2. The pitiless extermination of alien treachery and cruelty and thus the protection of the lives of German military personnel in Russia. "This is the only way to fulfill our historic task to liberate the German people once and forever from the Asiatic-Jewish danger. Signed: Von Reichenau, Oberbefehlshaber." The Tribunal will note the sheet immediately preceding Reichenau's order. That is Sheet Number 4 of the translation, which is a memorandum dated 28 October 1941. It shows that Reichenau's order met with Hitler's approval and was thereafter circulated by order of the Commander-in-Chief of the German Army.
COL. TAYLOR: The Tribunal will also note from the first sheet, the very top sheet in the several ensuing, that Reichenau's order was thereafter circulated down to divisional level, and was received by the 12th German Infantry Division on 27 November 1941. These being the directives and policies prescribed by the German military leaders, it is no wonder that the Wehrmacht joined in the monstrous behavior and activities of the SS and SD on the Eastern Front. Colonel Storey described to the Tribunal the formation of units known as Einsatzgruppen by the Sipo and SD, which were sent out to operate in and behind the operational areas on the Eastern Front, in order to combat partisans and to cleanse and pacify the civilian population. Major Farr and Colonel Storey both presented to the Tribunal a large amount of evidence showing the manner in which these units operated. I want to refer back briefly to a few of these documents in order to trace the participation of the Armed Forces in those circumstances. Colonel Storey read at length from 3012-PS, which is Exhibit USA-190, dated 19 March 1943. It is a directive from the commanding officer of one of these groups. This directive praised and justified such activities as the shooting of Hungarian Jews, shooting of children, and the total burning of villages and directed that in order not to obstruct the procuring of slave labor for the German armament industry, "as a rule no more children will be shot." Major Farr read from R-102, which is Exhibit USA-470, a report covering the work of the Einsatzgruppen in the German occupied Territories the Soviet Union during the month of October 1941.
COL. TAYLOR: This report states cynically on Page 7: "Spontaneous demonstrations against Jewry followed by pogroms on the part of the population against the remaining Jews have not been recorded on account of the lack of adequate instructions." It shows as clearly as the human eye can see that pacification and anti-partisan activities became mere code words for the extermination of Jews just as much as Weserubung was the code word for the invasion of Norway and Denmark. We have seen from the documents quoted a few moments ago that the German Army received some similar policies and directives. It only remains to show that in the field the Army and the SS worked hand in glove. The Tribunal will recall the document quoted by Major Walsh, 1061-PS , already in evidence as Exhibit USA-275. It describes the destruction of the Warsaw ghetto; and at this time I merely want to call attention to one paragraph appearing at Page 6 of the translation, the third paragraph from the bottom of the page, where the author of the document stresses the close cooperation between the SS and the Army. I read that one paragraph and quote: "The longer the resistance lasted, the tougher the men of the Waffen-SS, Police, and Wehrmacht became; they fulfilled their duty indefatigably in faithful comradeship and stood together as models and examples of soldiers. Their combat duty often lasted from early morning until late at night. At night search patrols with rags wound round their feet remained at the heels of the Jews and gave them no respite. Not infrequently they caught and killed Jews who used the night hours for supplementing their stores from abandoned dug-outs and for contacting neighboring groups or exchanging news with them." To the same general effect is R-135, Exhibit USA-289, which is a report dated 5 June 1943 by the German General Commissioner for Minsk. Major Farr read from this report, describing an antipartisan operation in which 4,500 enemies were killed: 5,000 suspected partisans and 59 Germans.
COL. TAYLOR: The cooperation by the German Army is shown in the following excerpt, and I will begin reading at the bottom of Page 3 of the translation: "The figures mentioned above indicate that again a heavy destruction of the population must be expected. If only 492 rifles are taken from 4,500 enemy dead, this discrepancy shows that among these enemy dead were numerous peasants from the country. The battalion Dirlewanger especially has a reputation for destroying many human lives. Among the 5,000 people suspected of belonging to bands, there were numerous women and children. "By order of the chief of anti-partisan units, SS Obergruppenfuehrer Von dem Bach, units of the Wehrmannschaften have also participated in the operation. SA Standartenfuehrer Kunze was in command of the Wehrmannschaften, among whom there were also 90 members from my office and from the District Commissariat of Minsk. Our men returned from the operation yesterday without losses." I need not read the rest of that. The next paragraph shows again the participation of the Armed Forces personnel The SS Obergruppenfuehrer Von dem Bach, referred to in this quotation, will be a witness later in the day, and in this connection I want to call the Court's attention to 1919-PS, Exhibit USA-170, which is Himmler's speech on October 4, 1943 to a gathering of SS generals at Posen. In this speech Himmler mentioned the appointment of Von dem Bach to be chief of all anti-partisan units, and I would like to read one paragraph from Page 3 of the document merely for purpose of identification of the witness: "Chief of the anti-partisan combat units: "In the meantime I have also set up the department of the Chief of the anti-partisan combat units. Our comrade SS Obergruppenfuehrer Von dem Bach is Chief of the anti-partisan combat units. I considered it necessary for the Reichsfuehrer SS to be in authoritative command in all these battles, for I am convinced that we are best in a position to take action in this struggle, which is decidedly a political one.