dtufail/nuremberg-trials-corpus huggingface dataset:
COL. TAYLOR: 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 behind their backs the essentials of nourishment as well as the supply with war-important weapons and ammunition remains secure. "These are the reasons for the issuance of my decree. "If it should become necessary, for reasons of interrogation, initially to spare one man or two, then they are to be shot immediately after interrogation." Your Lordship, the next is Document C-179, which will be Exhibit USA-543. As this document shows, 10 days later on 28 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 18 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 an order of the Fuehrer 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those copies distributed over arid above the regimental and corresponding staffs of the other services must be withdrawn and destroyed."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.
COL. TAYLOR: This document is dated 11 February 1943, which was 12 days after the Defendant Doenitz 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 order of 18 October 1942. This document, of which I will read the first four paragraphs, indicates why the earlier order had been treated as such a secret matter and also directs that all naval commanders and officers who failed to carry out the order, or to instruct their units concerning the order, would run the risk of serious court-martial penalties. I'll read the first four paragraphs only: "From the notice given by the 3rd Section of the Naval Operations Staff on 1 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 3rd Section of the Operations Staff proved that this naval authority was not correctly informed either. "In view of this situation, reference is made to Paragraph 6 of the Fuehrer Order of 18 October 1942"-and then a crossreference-"according to which an commanders and officers who have neglected their duty in destructing 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 18 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 organizations 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.
COL. TAYLOR: "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 OKW reports. The purpose of these measures to act as a deterrent will not be achieved if those taking part in enemy commando operations would 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." 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.
THE PRESIDENT: Colonel Taylor, did you read the paragraph beginning, "Practical difficulties . . . "?
COL. TAYLOR: No, Your Honor. I'll read that.
THE PRESIDENT: I think you should.
COL. TAYLOR: "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 18 October 1942, do not apply to troops participating in largescale landing operations and large-scale airborne operations. The criterion is to be found in that, in the latter case, an open battle takes place, whereas, for instance, 10 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." The next document, Your Honor, is 508-PS, which will be Exhibit USA-545. Now, the Hitler order of 18 October 1942 was actually carried out in a number of instances, of which we have the documentary proof for several. Document 508-PS shows that during the night of 19-20 November 1942, a British freight glider crashed near Egersund, in Norway. The glider carried a British commando unit of 17 men, of whom three were apparently killed in the crash. All were in British uniform. Fourteen survivors were executed in accordance with the Hitler Order the evening of 20 November. In proof of this I will read certain extracts from 508-PS, beginning on Page 1 of the translation, the paragraph numbered "1)": "1. Following supplementary report is made about landing of a British freight glider at Egersund in the night of . . . " It reads November 11 in the translation, but I believe in the original it was November 20; that is a typographical error. "a) No firing on the part of the German defense. "b) The towing plane (Wellington) crashed after touching the ground; 7-man crew dead. The attached freight glider also crashed; of the 17-man crew 14 alive. Indisputably a sabotage force. Fuehrer Order has been carried out." ; I pass to Page 3 of the translation, on which page appear two teletype messages.
COL. TAYLOR: I wish to read the first two paragraphs at the top of the page: "On 20 November 1942 at 5:50 an enemy plane was found 15 kilometers northeast of Egersund. It is a British aircraft (towed glider) made of wood without engine. Of the 17member crew three are dead, six are severely, the others are slightly, wounded. "All wore English khaki uniforms without sleeve insignia. Furthermore, following items were found: 8 knapsacks, tents, skis, and radiosender, exact number still unknown. The glider carried rifles, light machine guns and machine pistols, number unknown. At present the prisoners are with the battalion in Egersund." Passing to the second teletype message, the first paragraph: "Beside the 17-member crew extensive sabotage material and work equipment were found. Therefore the sabotage purpose was absolutely proved. The 280th Infantry Division ordered the execution of the action according to the Fuehrer Order. The execution was carried out toward the evening of 20 November. Some of the prisoners wore blue ski-suits under their khaki uniforms which had no insignia on the sleeves. During a short interrogation the survivors have revealed nothing but their names, ranks and serial numbers." I pass to the last paragraph of that teletype, at the foot of Page 3 of the translation: "In connection with the shooting of the 17 members of the crew, the Armed Forces Commander of Norway has issued an order to the district commanders, according to which the interrogations by G-2"-that was I. C. in the German-"and by BDS"-police-"are important before the execution of the Fuehrer Order; in case of Paragraph Number 4 of the Fuehrer Order, the prisoners are to be handed over to the BDS." Your Lordship, the next document is 512-PS, Exhibit USA-546. This document recites three specific instances where the Hitler Order was carried out in Norway and especially emphasizes the desirability of taking individual commandos prisoner for interrogation.
COL. TAYLOR: I read from Document 512-PS, dated 13 December 1942: "According to the last sentence of the Fuehrer Order of 18th October, individual saboteurs can be spared for the time being in order to keep them for interrogation. The importance of this measure was proved in the cases of the Glomfjord, 2-man torpedo Drontheim, and glider plane Stavanger, where interrogations resulted in valuable knowledge of enemy intentions. Since in the case of Egersund the saboteur was liquidated immediately and no clues were obtained; therefore, Armed Forces Commander refers to the abovementioned last sentence of the Fuehrer Order calling for liquidation only after a short interrogation." One final document from the Norwegian Theater of War is relative.
THE PRESIDENT: Colonel Taylor, what does "RK" in the last paragraph mean? The first words of the last paragraph?
COL.TAYLOR: Red Cross (Roses Kreuz).
THE PRESIDENT: So they had a protest from the Red Cross?
COL. TAYLOR: Yes, Sir.
THE PRESIDENT: And "BDS"?
COL.TAYLOR: That is "Befehlshaber der Sicherheitspolizei (Sipo)." Document 526-PS which is Exhibit USA-502, dated 10 May 1943, Colonel Storey has already brought to the Tribunal's attention in connection with the presentation against the Sicherheitsdienst. I will first read the opening sentences: "On 30 March 1943, in Toftefjord (degree of latitude 70), an enemy cutter was sighted. Cutter was blown up by enemy. "Crew: 2 dead and 10 taken prisoners. "Cutter sent from Scalloway (Shetland Isles) by the Norwegian Navy." Passing to the word "Purpose": "Purpose: Building of an organization for the sabotaging of strong-points, battery positions, staff and troop billets and bridges. "Assigner of mission in London: Norwegian Major Munthe. "Fuehrer Order executed by Sicherheitsdienst (Security Service). "Wehrmacht communiqué of 6 April announces the following about it: 'In northern Norway an enemy sabotage unit was engaged and destroyed on approaching the coast.'" Now, shifting to the Italian Theater of War, I call the Court's attention to 509-PS, which will be Exhibit USA-547. This document is dated 7 November 1943; and is a telegram from the Supreme Commander in Italy to OKW; and it shows that on 2 November 1943 three British commandos, taken prisoner near Pescara in Italy, were given "special treatment" (sonderbehandelt), which as the Court knows from previous evidence in the case, meant death. What happened to the nine remaining prisoners of war in the hospital, we do not know. I have one more document from the Italian Theater, 2610-PS, Exhibit USA-548. This specifically shows the carrying out of Hitler's orders. It consists of an affidavit, dated 7 November 1945, by Frederick W. Roche, a major in the Army of the United States. Major Roche was the Judge Advocate of an American Military Commission which tried General Anton Dostler, formerly Commander of the 75th German Army Corps, for the unlawful execution of 15 members of the United States Armed Forces. I will read from this affidavit: "Frederick W.
COL.TAYLOR: Roche, being duly sworn, deposes and says: "I am a major in the Army of the United States. I was the Judge Advocate of the Military Commission which tried Anton Dostler for ordering the execution of the group of 15 United States Army personnel who comprised the 'Ginny Mission.' This Military Commission, consisting of five officers, was appointed by command of General McNarney, by Special Order, Number 269, dated 26 September 1945, Headquarters, Mediterranean Theater of Operations, United States Army, APO 512. "The Military Commission met at Rome, Italy, on 8 October 1945, and proceeded with the trial of the case of the United States versus Anton Dostler. The trial of this case consumed 4 days, and the findings and sentence were announced on the morning of 12 October 1945. The charge and specification in this case are as follows: "Charge: Violation of the law of war. "Specification: In that Anton Dostler, then general, commanding military forces of the German Reich, a belligerent enemy nation, to wit the 75th Army Corps, did, on or about 24 March 1944, in the vicinity of La Spezia, Italy, contrary to the law of war, order to be shot summarily, a group of United States Army personnel consisting of two officers and 13 enlisted men who had then recently been captured by forces under General Dostler, which order was carried into execution on or about 26 March 1944, resulting in the death of the said 15 members of the Army of the United States...."-and a list of names follows. "I was present throughout the entire proceeding. I heard all the testimony and I am familiar with the records in this case. The facts developed in this proceeding are as follows: "On the night of 22 March 1944 two officers and 13 enlisted men of the 2677th Special Reconnaissance Battalion of the Army of the United States disembarked from some United States Navy boats and landed on the Italian coast near Stazione di Framura. All 15 men were members of the Army of the United States and were in the military service of the United States.
COL.TAYLOR: When they landed on the Italian coast, they were all properly dressed in the field uniform of the United States Army and they carried no civilian clothes. Their mission was to demolish a railroad tunnel on the main line between La Spezia and Genoa. That rail line was being used by the German forces to supply their fighting forces on the Cassino and Anzio beachhead fronts. The entire group was captured on the morning of 24 March 1944 by a patrol consisting of Fascist soldiers and a group of members of the German Army. All 15 men were placed under interrogation in La Spezia and they were held in custody until the morning of 26 March 1944, when they were all executed by a firing squad. These men were never tried nor were they brought before any court or given any hearing; they were shot by order of Anton Dostler, then general commanding the 75th German Army Corps. "Anton Dostler took the stand in this case and testified, by way of defense, that he ordered the 15 American soldiers to be shot pursuant to the Hitler Order of 18 October 1942 on commando operations, which provided that commandos were to be shot and not taken prisoners of war, even after they had been interrogated. He also testified that he would have been subject to court-martial proceedings if he did not obey the Hitler Order. "The following is a true copy of the findings and sentence in the case of the United States against Anton Dostler, as these findings and sentence appear in the original record of the trial and as they were announced in open court at Rome, Italy, on 12 October 1945: "Findings: General Dostler, as President of this Commission it is my duty to inform you that the Commission, in closed session and upon secret written ballot, at least two-thirds of all the members of the Commission concurring in each finding of guilty, finds you of the specification and of the charge: Guilty.
COL.TAYLOR: "Sentence: And again in closed session and upon secret written ballot, at least two-thirds of all .the members of the Commission concurring, sentences you: To be shot to death by musketry." Now the order of 18 October 1942 remained in force, so far as we know, until the end of the war. I wish to offer 506-PS, which will be Exhibit USA-549. This document is dated 22 June 1944. It is initialed by Warlimont, and in it the OKW made it where the commando operation was undertaken lay only one person. I will read the single paragraph of the order: "The Operations Staff agrees with the view taken in the letter of the army group judge to the Supreme Commander Southwest of 20 May 1944. The Fuehrer Order is to be applied even if the enemy employs only one person for a task. Therefore, it does not make any difference if several persons or a single person take part in a commando operation. The reason for the special treatment of participants in a commando operation is that such operations do not correspond to the German concept of usage and customs of warfare." The Allied landing in Normandy early in June 1944, in the course of which large-scale airborne operations took place, raised among the Germans the question as to how far the Hitler Order would be applied in Normandy, and in France behind the German lines. I direct the Court's attention to Document 531-PS, which will be Exhibit USA-550. The memorandum is dated 23 June 1944 and is signed by Warlimont. Warlimont's memorandum starts by quoting a teletype received from the Supreme Command in the West, inquiring what should be done about applying the Hitler Order to airborne troops and commandos. I would like to read a small part of the teletype, beginning at the beginning: "Supreme Command West; teletype message Number 1750/44; top secret; 23 June 1944. "The treatment of enemy commando groups has so far been carried out according to the order referred to." If I may interpolate here, the order referred to is shown in the cross-reference to the Fuehrer Order of 18 October 1942.
COL.TAYLOR: "With the large-scale landing achieved, a new situation has arisen. The order referred to directs, in Paragraph 5, that enemy soldiers who are taken prisoner in open combat or surrender within the limits of normal combat operations (such as large-scale landing operations and undertakings) are not to be treated according to Paragraphs 3 and 4. It must be established in a form easily understood by the troops how far the concept 'within the limits of normal combat operations, et cetera ' is to be extended." Then I pass down to Subparagraph D and read the first sentence of that subparagraph.
THE PRESIDENT: I think you ought to read the latter part of "C."
COL. TAYLOR: Your Honor, I think it is all summarized in the one sentence.
THE PRESIDENT: The last sentence is the one that I mean,
COL. TAYLOR: "Considerable reprisals against our own prisoners must be expected if its contents become known." Then, continuing with "D": "The application of Number 5 for all enemy soldiers in uniform penetrating from the outside into the occupied western territories is held by the Supreme Command West to be the most correct and clearest solution." Accordingly, as it is there shown, the Supreme Command in the West directed that Paragraph 5, which is the paragraph under which the orders for execution are not to be applied, should be utilized in the West. At the foot of the page is the position taken by the Armed Forces Operational Staff, the recommendation they were making: "1. The Commando Order remains basically in effect, even after the enemy landing in the West. "2. Number 5 of the order is to be clarified to the effect that the order is not valid for those enemy soldiers in uniform who are captured in open combat in the immediate combat area of the beachhead by our troops committed there, or who surrender. Our troops committed in the immediate combat area means the divisions fighting on the front line as well as reserves up to and including corps headquarters. "3. Furthermore, in doubtful cases, enemy personnel who have fallen into our hands alive are to be turned over to the SD, upon whom it is incumbent to determine whether the Commando Order is to be applied or not. "4. Supreme Command West is to see to it that all units committed in its zone are orally acquainted in a suitable manner with the order concerning the treatment of members of commando undertakings of 18 October 1942, along with the above explanation." The final document on this episode, or inquiry, is 551-PS, which becomes Exhibit USA-551, and this is the actual order of 25 June 1944, constituting OKW's reply to the inquiry from the Supreme Command West, signed by Keitel, initialed by Warlimont and Jodl. I will read beginning with: "Subject: Treatment of commando participants. "1.
COL. TAYLOR: Even after the landing of Anglo-Americans in France, the order of the Fuehrer on the annihilation of terror and sabotage units of 18 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 18 October 1942, remain exempted. "2. All members of terror and sabotage units, found outside the immediate combat area, who include fundamentally all parachutists, are to be killed in combat. In special cases, they are to be turned over to the SD. "3. All troops committed outside the combat area of Normandy are to be informed about the duty to destroy enemy terror and sabotage units briefly and succinctly, according to the directives issued for it. "4. Supreme Commander West will report immediately daily 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 communiqué to exercise a frightening effect, as had already been done toward previous commando undertakings in the same manner." Your Lordship, there is just one further development in connection with this order, this basic order, and that was that 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 Southeastern Europe, notably in Yugoslavia. A long document signed by Warlimont, which is 1279-PS, and becomes Exhibit USA552, embodies the discussions which were had at OKW. 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 to these military missions and drew up a draft to this effect.