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PARTIAL TRANSLATION OF DOCUMENT C-2
1.10.38
Supreme Command of the Armed Forces
No 1103.38 Most Secret Ausl. Vl.
7 Copies
7th Copy
To:
OKH
(Section G. Army General Staff)
OKM
(Naval War Staff, 1st Division, for the attention of Min. Rat. Dr.
Eckhardt)
Reich Minister for Air and Civ C. Air Force
(Air Force General Staff for the attention of Reg. Rat. Dr.
Mueller)
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
LIST OF INTERNATIONAL LAW INCIDENTS FOR THE PURPOSE OF PROPAGANDA
HANDLING
I. OUR OWN MEASURES
(a) Incidents (b) Example (c) Attitude of the International Law
[Gruppe Voelkenrecht]
(1) Judgment by International(2) Justification
Law by the laws of
warfare
(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
special
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
military
necessity. If,
therefore,
theBritish
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
non-belligerants.
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
monuments,
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
indisputably
established, it
cannot be judged
by international
law. Deliberate
firing on
protected
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
executions
without trial are
the best
foundations for
the enemy's
propaganda.
Encroachments
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
escape.
(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
munitions.
(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
unworthy.
(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
reason.
Experience has
show, however,
that the use of
religious
buildings for
such purphoses
offers effective
propaganda
material to the
enemy.
[Page 806]
(a) Incidents (b) Example (c) Attitude of International Law
Group
(1) Judgment by (2) Justification
International :Law by the laws of
warfare
(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
expressly
permitted.
(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
international
law.
(c) Use of
armament by
armed merchant
ships.
(d) Announcement
of declared
areas.
(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.
arming).
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