dtufail/nuremberg-trials-corpus huggingface dataset:
intended for commanders only and must not under any circumstances fall into enemy hands. "The further distribution is to be limited accordingly by the receiving bureaus. "The bureaus named in the distribution list are held responsible, for the return and destruction of all distributed pieces of the order and copies made thereof. "The Chief of the High Command of the Armed Forces "By order of "Jodl" "I have been compelled to issue strict orders for the destruction of enemy sabotage troops and to declare noncompliance with these orders severely punishable. I deem it necessary to announce to the competent commanding officers and commanders the reasons for this decree. "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." "The consequences of these activities are of extraordinary weight. I do not know whether each commander and officer is cognizant of the fact that the destruction of one single electric power plant, for instance, can deprive the Luftwaffe of many thousand tons of aluminum, thereby eliminating the construction of countless aircraft that will be missed in the fight at the front and so contribute to serious damage of the Homeland as well as bloody losses of the fighting soldiers. "Yet this form of war is completely without danger for the adversary. 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 to ruthlessly 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 and thus believe 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, liberated from prisons, who can rehabilitate themselves through these activities. "England and America will therefore
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, liberated from prisons, who can rehabilitate themselves through these activities. "England and America will therefore always be able to find volunteers for this kind of warfare as long as they can truthfully assure them that there is no danger of loss of life for them. At worse, all they have to do is to successfully commit their attack on people, traffic installations, or other installations, and upon being encountered by the enemy, to capitulate. "If the German conduct of war is not to suffer grievous damage through these incidents, 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 escaping with 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 rules of the Geneva Convention. It must under all circumstances be ruthlessly exterminated. "The report on this subject appearing in the Armed Forces communiqué 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 commanding officers of armies subordinated to them as well as individual commanders not only to realize the necessity of taking such measures, but to carry out this order with all energy. Officers and noncommissioned officers who fail through some weakness are to be reported without fail, or under circumstances when there is danger in delay 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 back 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, to initially spare one man or two, then they are to be shot immediately after interrogation. "(signed) A. Hitger" (503-PS). Ten days
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, to initially spare one man or two, then they are to be shot immediately after interrogation. "(signed) A. Hitger" (503-PS). Ten days later, on 28 October 1942, while Raeder was Commander-in-Chief of the Germany 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 (C-179) shows clearly the secrecy which surrounded the dissemination of this order: "Enclosed pleased 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 distribution to subordinate sections the above authorities must hand this order over to the next highest sections which is responsible for its confiscation and destruction. "(s) Wagner" (C-179). "Note for Distribution: "These instructions are not to be distributed over and above the battalions and 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." (C-179) On 11 February 1943, just twelve days after Doenitz had become Commander-in-Chief of the German Navy, the Naval War Staff promulgated a further memorandum on this subject in order to clear up certain misunderstandings as to the scope of the basic order of 18 October 1942 (C-178). It was stated in this subsequent memorandum that all commanders and officers who neglected their duty in failing to instruct their units concerning the order would run the risk of serious court martial penalties: "From the notice given by 3/SKL [Naval War Staff] on February 1st 43, 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 3/SKL proved that this Naval authority was not correctly informed either. In view of this
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 3/SKL proved that this Naval authority was not correctly informed either. In view of this situation, reference is made to figure 6) of the Fuehrer order of October 18, 42 (Appendix to Volume No. 1 SKL I Ops 26 367/42 Top Secret of October 28, 42) 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 October 18, 42 (Appendix to Volume No. 1 SKL 1 Ops 2108/42 Top Secret of October 27, 42) was given the protection of Top Secret merely because it is stated therein: "1. That, according to the Fuehrer's views the spreading of military sabotage organizations in the East and West may have portentous 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 OKW (Supreme Command of the Armed Forces) 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 question, must be informed of the course of action which has been ordered." (C-178) The Hitler order of October 1942 was actually carried out in a number of instances. During the night of the 19-20 November 1942, a British freight glider crashed near Egersund in
all departments of the home staff, dealing with this kind of question, must be informed of the course of action which has been ordered." (C-178) The Hitler order of October 1942 was actually carried out in a number of instances. During the night of the 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 3 were apparently killed in the crash. All were in English uniform. The 14 survivors were executed in accordance with the Hitler order in the evening of 20 November 1942. The proof is contained in the following document (508-PS): "1. Following supplementary report is made about landing of a British freight glider at Hegers and in the night of November 20: "a. No firing on the part of German defense. "b. The towing plane (Wellington) has crashed 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." "On November 20, 1942 at 5:50 an enemy plane was found 15 Km NE of Egersund. It is a British aircraft (towed glider) made of wood without engine. Of the 17 member crew 3 are dead, 6 are severely, the others slightly wounded. "All wore English khaki uniforms without sleeve-insignia. Furthermore following items were found: 8 knapsacks, tents, skis and radio sender, exact number is unknown. The glider carried rifles, light machine guns and machine pistols, number unknown. At present the prisoners are with the Bn. in Egersund." "Beside the 17 member crew extensive sabotage material and work equipment were found. Therefore the sabotage purpose was absolutely proved. The 280th Inf. Div. (J.D.) ordered the execution of the action according to the Fuehrer's order. The execution was carried out toward the evening of Nov. 20. 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." "In connection with the shooting of the 17 members of the crew, the Armed Forces Commander of Norway (WBN) has issued an order to the district commanders, according to which the interrogation by G-2 (Ic) and by BDS are
the survivors have revealed nothing but their names, ranks and serial numbers." "In connection with the shooting of the 17 members of the crew, the Armed Forces Commander of Norway (WBN) has issued an order to the district commanders, according to which the interrogation by G-2 (Ic) and by BDS are important before the execution of the Fuehrer order; in case of No. 4 of the Fuehrer order the prisoners are to be handed over to the BDS." (508-PS) In three specific instances the Hitler order was carried out in Norway (512-PS). The procedure was to take individual commandos prisoner and interrogate them to extract military intelligence before executing them. This procedure was in accordance with the last sentence of Hitler's supplementary order (503-PS), and is obviously in flat contradiction of the requirements of the Hague and Geneva Conventions. The reason for this procedure is explained as follows: "TOP SECRET- According to the last sentence of the Fuehrer order of 18th October (CHEFS), individual saboteurs can be spared for the time being in order to keep them for interrogation. The importance of this measure was proven in the cases of Glomfjord, Twoman 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 won; therefore, Armed Forces Commander (WB) referred to above mentioned (OA) last sentence of the Fuehrer order (Liquidation only after short interrogation)." (512-PS) Another instance from the Norwegian theater of war (526-PS): On 30 March 1943, 10 Norwegian navy personnel were taken prisoner from a Norwegian cutter at Toftefjord. The 10 prisoners were executed by the SD in accordance with the Hitler order, but the published report announced only that the unit was destroyed: "On the 30:3 1943 in Toftefjord (70 Lat.) an enemy cutter was sighted, cutter was blown up by the enemy. Crew: 2 dead men, 10 prisoners. "Cutter was sent from Scalloway (Shetland Is.) by the Norwegian Navy." "Purpose: Construction of an organization for sabotaging of strong-points, battery positions, staff and troop billets and bridges. "Assigner of Mission in London: Norwegian, Maj. Munthe. "Fuehrer order executed by S.D. (security service).
prisoners. "Cutter was sent from Scalloway (Shetland Is.) by the Norwegian Navy." "Purpose: Construction of an organization for sabotaging of strong-points, battery positions, staff and troop billets and bridges. "Assigner of Mission in London: Norwegian, Maj. Munthe. "Fuehrer order executed by S.D. (security service). "Wehrmacht Report of 6.4 announces the following about it: "In Northern Norway an enemy sabotage unit was engaged and destroyed on approaching the coast." (526-PS) Similar action took place in the Italian theater. A telegram (509-PS) from the Supreme Commander in Italy to OKW, dated 7 November 1493, shows that on 2 November 1943 three British commandos captured at Pascara, Italy, were given "special treatment" (Sonderbehandelt), which, as previous evidence has shown, (3040-PS) means death. What happened to the remaining nine prisoners of war who were wounded and in the hospital is not known. (509-PS) An affidavit (2610-PS) dated 7 November 1945, by Frederick W. Roche, a Major in the Army of the United States, furnishes other evidence of the carrying out of the Hitler order. 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. His affidavit states: "FREDERICK W. 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 fifteen 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 Orders No. 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 v. Anton Dostler. The trial of this case consumed four 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
United States v. Anton Dostler. The trial of this case consumed four 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 thirteen 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 fifteen members of the Army of the United States identified as follows * * *'." "I was present throughout the entire proceeding. I heard all the testimony, and I am familiar with the record in this case. The facts developed in this proceeding are as follows: On the night of 22 March 1944, two officers and thirteen 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 fifteen men were members of the Army of the United States and were in the military service of the United States. 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 fifteen 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
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 fifteen 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 v. 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'. "'SENTENCE: And again in closed session and upon secret written ballot, at least two-thirds of all of the members of the commission concurring, sentences you: "'TO BE SHOT TO DEATH BY MUSKETRY'." (2610-PS) The order of 18 October 1942 remained in force, so far as the evidence shows, until the end of the war. On 22 June 1944 in a document initialed by Warlimont (506-PS) the OKW made it clear that the Hitler order was to be applied even in cases where the commando operation was undertaken by only one person: "WFSt agrees with the view taken in the letter of the army group judge [Heeresgruppenrichter] with the Supreme Commander Southwest of 20 May 44 (Br. B. Nr 68/44 g.K.). The Fuehrer order is to be applied even if the enemy employs only one person for a task. Therefore, it does not made any difference if several persons or a single person take part in a commando operation.
judge [Heeresgruppenrichter] with the Supreme Commander Southwest of 20 May 44 (Br. B. Nr 68/44 g.K.). The Fuehrer order is to be applied even if the enemy employs only one person for a task. Therefore, it does not made 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 in that such operations do not correspond to the German concept of usage and customs of (land) warfare." (506-PS) The allied landing in Normandy early in June 1944, in the course of which large scale air-borne operations took place, raised among the Germans the question as to how far the Hitler order would be applied to Normandy, and in France behind the German lines. A memorandum (531-PS) dated 23 June 1944 and signed by Warlimont, starts by quoting a teletype from the Supreme Command in the West inquiring what should be done about applying the Hitler order to air-borne troops and commandos: "Supreme Command West reports by teletype message No. 1750/44 Top Secret of 23 June 44: "The treatment of enemy commando groups has so far been carried out according to the order referred to. With the largescale landing achieved, a new situation has arisen. The order referred to directs in number 5 that enemy soldiers who are taken prisoner in open combat or surrender within the limits of normal combat operations (large-scale landing operations and undertakings) are not to be treated according to numbers 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, etc.' is to be extended. "The application of number 5 for all enemy soldiers in uniform penetrating from the outside into the occupied western areas is held by Supreme Command West to be the most correct and clearest solution." (531-PS) Warlimont's memorandum (531-PS) continues by reciting the position taken with reference to the request by the OKW Operations Staff, of which Warlimont was the Deputy Chief: "Position taken by Armed Forces Operational Staff: "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