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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 945 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 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

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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 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

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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:

" '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 1944 (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 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 (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 1944:

"The treatment of enemy commando groups has so far been carried out according to the order referred to. With the large-scale 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 num-

[Page 372]

bers 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 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 42 along with the above explanation." (531-PS)

On 25 June 1944 the OKW replied to this inquiry in a teletype message (551-PS) signed by Keitel and initialed by Warlimont and Jodl:

"Subject: Treatment of Commando Participants.

"1. Even after the landing of Anglo-Americans in France, the order of the Fuehrer on the destruction 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 No. 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

[Page 373]

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 Communique to exercise a frightening effect, as has already been done toward previous commando undertakings in the same manners."

"[Initial] W [Warlimont]
"[signature] Keitel (551-PS).

In July 1944, the question was raised within the German High Command as to whether the order of October 1942 should be applied to members of foreign military missions, with special regard to the British, American, and Soviet military missions which were cooperating with allied forces in Southeastern Europe, notably in Yugoslavia. A long-document signed by Warlimont (1279-PS) embodies the discussions which were had at that time at OKW. It discloses that the Armed Forces Operational Staff recommended that the order should be applied to these military missions and drew up a draft order to this effect. The order which actually resulted from these discussions (537-PS), dated 30 July 1944 and signed by Keitel, provides:

"Re: 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 speculated in the Special Orders regarding the treatment of captured partisans. Therefore they are not to be treated as PWs but in conformity with the Fuehrer's order are the elimination of terror and sabotage troops of 18 October 1942 (OKW/WFSt. 003830/42 g. Kdos).

"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 record.

"The Chief of the High Command of the Wehrmacht

"Keitel" (537-PS)

Pursuant to this order, approximately 15 members of an allied

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military mission to Slovakia were executed in January 1945. An affidavit (L-51) signed by one Adolf Zutter, who was the adjutant at the camp where the executions took place, reads in part:

"Concerning the American Military Mission which had landed behind the German main line of resistance in Slovakian or Hungarian territory in January 1945, I remember when in January 1945 it was brought to the concentration camp at Mauthausen. I suppose there were about 12 to 15 newcomers. They wore an American or Canadian uniform, of brown-green color, blouse, and cap made of cloth. Eight or ten days after their arrival the order for execution came in by radiogram or teletype. Colonel Ziereis came to me in the office and said: now Kaltenbrunner has authorized the execution. The letter was secret and had the signature: signed Kaltenbrunner. These people were then shot according to martial law and T/Sgt [Oerscharfuehrer] Niedermeyer handed their belongings over to me. In spring 1945, a written order based on an Army manual to destroy all files was received by the security officer in Mauthausen, 1st Lt. [Obersturmfuehrer] Reimer; this order had been sent by Lt [Untersturmfuehrer] Meinhardt, security officer of Section D in Oranienburg. Reimer forwarded this order personally in written form to the various sections and supervised the compliance with it. Among the files were also all the execution orders." (L-51)

The foregoing documents with respect to the order of 18 October 1942, and its subsequent enforcement and application, clearly demonstrate that members of the General Staff and High Command Group, including the defendants Keitel, Jodl, Doenitz, and Raeder, ordered and directed the commission of war crimes by members of the German Armed Forces, and that these orders were carried out in numerous instances.

(b) War Crimes on the Eastern Front. The order of October 1942 with respect to the murdering of captured commandos operated chiefly in the Western theater of war, against British and American commando troops. 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. The Mediterranean Theater likewise lent itself to this type of warfare.

On the Eastern Front, where there was large-scale land fighting in Poland and the Soviet Union from 1941 on, the German forces were fighting amongst a hostile population and had to

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face extensive partisan activities behind their lines. It will be shown that the activities of the German Armed Forces against partisans and other elements of the population became a vehicle for carrying out Nazi political and racial policies, and a cloak for the ruthless and barbaric massacre of Jews and of numerous segments of the Slavic population which were regarded by the Nazis as undesirable. It was the policy of the German Armed Forces-to behave with the utmost severity to the civilian population of the occupied territories, and to conduct its military operations, particularly against partisans, so as to further these Nazi policies. It will be shown that the German Armed Forces supported, assisted, and acted in cooperation with the SS Groups which were especially charged with antipartisan activities. Members of the General Staff and High Command Group ordered, directed, encouraged, and were fully aware of these criminal policies and activities.

It is not proposed to make a full or even partial showing of war Crimes committed by the Nazis on the Eastern Front; evidence of those crimes are to be presented by the Soviet delegation. Evidence concerning the activities of the SS, SD, and Gestapo will be discussed only 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.

These policies of ruthless severity to the civilian population of the occupied Eastern territories were determined upon and made official for the German Armed Forces even before the invasion of the Soviet Union took place. An order by Hitler, dated 13 May 1941, and signed by Keitel as Chief of the Supreme Command of the Armed Forces (C-50)

"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 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.

[Page 376]

"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.

"1. Until further notice the military courts and the courts-martial 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. 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 despotic 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 C-in-Cs 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 settled.

"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 offences committed against inhabitants by members of the Armed Forces 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 deed is at the same time a military crime or offence.

"2. When judging such offences, it must be borne in mind,

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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 Bolshevik 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 measures 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 which indicate that the troops are threatening to get out of hand. Offences 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 the 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 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 C-in-Cs.

"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":

"By order
"Chief of the Supreme Command
of the Armed Forces
"(signed) Keitel" (C-50)

Less than three months after the invasion of the Soviet Union, these instructions were amplified and made even more drastic. An order dated 16 September 1941 and signed by Keitel, was wide-

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ly distributed (C-148). This order was of general application in all theaters of war, but was clearly of primary importance for the Eastern Front:

"Subject: Communist Insurrection in occupied territories.

"1. Since the beginning of the campaign against Soviet Russia, Communist insurrection movements have broken out everywhere in the areas 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, who 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 general 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 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 unsettled countries frequently counts for nothing and a deterrent effect can be attained only by unusual severity. The

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death penalty for 50-100 Communists should generally be regarded in these cases as suitable atonement for one German soldier's life. 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 should therefore not be followed."

*******

"4. The Commanding Officers in the occupied territories are seeing to it that these principles are made known without delay to all military establishments concerned in dealing with Communist measures of insurrection."

"[Indecipherable initial]
"Keitel" (C-148)

The German military leaders took up, sponsored, and instructed their troops to practice the racial policies of the Nazis. On 10 October 1941 a directive was issued by Field Marshal von Reichenau, the Commander-in-Chief (Oberbefehlshaber) of the German 8th Army, then operating on the Eastern Front (UK-81). Reichenau (who died in 1942) was therefore a member of the group, an here is what he had to say:

"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. 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, i.e., the annihilation of revolts in 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

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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 of 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. 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 communications. Where possible, captured weapons and ammunition should be stored and guarded. Should this be impossible because of the situation of the battle so 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 apparently 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 judges and treated a member of the Soviet System.

"The fear of the German countermeasures 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:

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"1. Complete annihilation of the false bolshevistic doctrine of the Soviet State and its armed forces.

"2. The pitiless extermination of foreign treachery and cruelty and thus the protection of the lives of military personnel in Russia.

"This is the only way to fulfill our historic task to liberate the German people once for ever from the Asiatic-Jewish danger.

"Commander-in-Chief
"(Signed) von Reichenau
"Field Marshal." (UK-81)

Immediately preceding Reichenau's order is a memorandum, dated 28 October 1941, which 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. It is also clear Reichenau's order was thereafter circulated down to divisional level, and was received by the 12th Infantry Division on 27 November 1941. (UK-81)

These being the directives and policies prescribed by the German military leaders, it is no wonder that the Wehrmacht joined in the monstrous behavior of the SS and SD on the Eastern Front. Units (known as Einsatzgruppen) were formed by the SIPO and SD and 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.

In a directive dated 19 March 1943, the Commanding Officer of one of these units praised and justified such activities as the shooting of Hungarian Jews, the shooting of children, and the total burning down of villages (3012-PS). The officer 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" (3012PS)

A report covering the work of the Einsatzgruppen in the German occupied territories of the Soviet Union during the month of October 1941 disregards every vestige of decency (R-102). It cynically that, in the Baltic areas,

"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 indoctrination" (R-102).

This report shows clearly that "pacification" and "anti- partisan activity are mere code words for "extermination of Jews and Slavs" just as much as "Weserubung" was a code word for the invasion and subjugation of Norway and Denmark.

Documents quoted earlier show that the German Army was

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operating under similar policies and directives. It only remains to show that, in these practices, the Army and the SS worked hand in glove. The report describing the destruction of the Warsaw Ghetto (1061-PS) stresses the close cooperation between the SS and the Army:

"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 duty hours 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 dugouts and for contacting neighboring groups or exchanging news with them."

To the same general effect is a report dated 5 June 1943 by the German General Commissioner for Minsk (R-135). This report describes an anti-partisan operation in which 4,500 "enemies" were killed, 5,000 suspected partisans were killed, and 59 Germans were killed. The cooperation in this adventure by the German Army is shown in the following excerpt:

"The above mentioned figures show, that we have to count with a strong annihilation of the population. The fact that only 492 rifles were found on the 4,500 enemy dead, demonstrates that the numerous peasants from the country were also among the enemy dead. The battalion Direwanger is particularly known to have destroyed numerous human lives. Among the 5,000 partisan suspects who were shot, are numerous women and children.

"Units of the troops [Wehmannschaften] also took part in the action, by order of SS Lt. General [Obergruppenfuehrer] von dem Bach. SA Colonel [Standartenfuehrer] Kunze led the troops [Wehrmannschaften], who included also 90 members of my authority and of the district-commissarate Minsk-Stadt. Our men returned yesterday from the action without any losses. I refuse the use of officials and Reich- Employees of the General Commissarate in the rear areas. The men who work for me have not been classified as essential, after all in order to fight the partisans actively in the place of the Armed Forces and the Police.

"Of the troops [Wehrmannschaften], one railroad employee had been wounded (shot through the lung). The political effect of this large scale action on the peaceful population had

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been disastrous, because of the numerous executions of women and children. The town BEGOMIE was cleared by the Armed Forces and the Police in December. The population of Begomie was predominantly favorable to us. Begomie, which has been fortified as a strong point by the partisans, has been destroyed by German Air Attacks during the fighting." (R-135)

The SS Obergruppenfuehrer von dem Bach referred to in this quotation is mentioned in Himmler's speech to a gathering of SS generals at Posen on 4 October 1943 (1919-PS). In this speech Himmler announced the appointment of von dem Bach to be Chief of all anti-partisan units:

"In the meantime I have also set up the department of Chief of the Anti-partisan Units" [Bandenkampf- Verbunde]. Our comrade SS-Obergruppenfuehrer von dem Bach is Chief of the anti-partisan 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 against this enemy struggle, which is a decidedly political one. Except where the units which had been supplied and which we had formed for this purpose were taken from us to fill in gaps at the front, we have been very successful.

"It is notable that, by setting up this department we have gained (p. 58) for the SS in turn a division, a corps, an army, and the next step, which is the High Command of an army or even of a group -- if you wish to call it that." (1919-PS)

The report of Einsatzgruppe A, (180) covering the period up to 1 October 1941, makes clear beyond doubt the participation of the German military leaders and Armed Forces in these extermination policies:

"Action-Group A, after preparing their vehicles for action proceeded to their area of concentration as ordered on 23 June 1941, the second day of the campaign in the East. Army Group North consisting of the 16th and 18th Armies and Panzer-Group 4 had left the day before. Our task was to hurriedly establish personal contact with the commanders of the Armies and with the commander of the army of the rear area. It must be stressed from the beginning that cooperation with the Armed Forces was generally good, in some cases, for instance with Panzer-Group 4 under Col. Gen. Hoeppner, it was very close, almost cordial. Misunderstand-

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ings which cropped up with some authorities in the first days, were cleared up mainly through personal discussions."

*******

"Similarly, native anti-Semitic forces were induced to start pogroms against Jews during the first hours after capture, though this inducement proved to be very difficult. Following out orders, the Security Police was determined to solve the Jewish question with all possible means and most decisively. But it was desirable that the Security Police should not put in an immediate appearance, at least in the beginning, since the extraordinarily harsh measures were apt to stir even German circles. It had to be shown to the world that the native population itself took the first action by way of natural reaction against the suppression by Jews during several decades and against the terror exercised by the Communists during the preceding period."

*******

"After the failure of purely military activities such as the placing of sentries and combing through the newly occupied territories with whole divisions, even the Armed Forces had to look out for new methods. The Action-Group undertook to search for new methods. Soon therefore the Armed Forces adopted the experiences of the Security Police and their methods of combatting the partisans. For details I refer to the numerous reports concerning the struggle against the partisans."

*******

"1. Instigation of self-cleansing actions.

"Considering that the population of the Baltic countries had suffered very heavily under the government of Bolshevism and Jewry while they were incorporated in the USSR, it was to be expected that after the liberation from that foreign government, they (i.e., the population themselves) would render harmless most of the enemies left behind after the retreat of the Red Army. It was the duty of the Security Police to set in motion these self-cleansing movements and to direct them into the correct channels in order to accomplish the purpose of the cleansing operations as quickly as possible. It was no less important in view of the future to establish the unshakable and provable fact that the liberated population themselves took the most severe measures against the Bolshevist and Jewish enemy quite on their own, so that the direction by German authorities could not be found out.

"In Lithuania this was achieved for the first time by parti-

[Page 385]

san activities in Kowno. To our surprise it was not easy at first to set in motion an extensive pogrom against Jews. KLIMATIS, the leader of the partisan unit, mentioned above, who was used for this purpose primarily, succeeded in starting a pogrom on the basis of advice given to him by a small advanced detachment acting in Kowno, and in such a way that no German order or German instigation was noticed from the outside. During the first pogrom in the night from 25. to 26.6 the Lithuanian partisans did away with more than 1,500 Jews, set fire to several Synagogues or destroyed them by other means and burned down a Jewish dwelling district consisting of about 60 houses. During the following nights about 2,300 Jews were made harmless in a similar way. In other parts of Lithuania similar actions followed the example of Kowno, though smaller and extending to the Communists who had been left behind.

"These self-cleansing actions went smoothly because the Army authorities who had been informed showed understanding for this procedure. From the beginning it was obvious that only the first days after the occupation would offer the opportunity for carrying out pogroms. After the disarmament of the partisans the self-cleansing actions ceased necessarily.

"It proved much more difficult to set in motion similar cleansing actions in Latvia. Essentially the reason was that the whole of the national stratum of leaders had been assassinated or destroyed by the Soviets, especially in Riga. It was possible though through similar influences on the Latvian auxiliary to set in motion a pogrom against Jews also in Riga. During this pogrom all synagogues were destroyed and about 400 Jews were killed. As the population of Riga quieted down quickly, further pogroms were not convenient."

*******

"5. Other jobs of the Security Police.

"1. Occasionally the conditions prevailing in the lunatic asylums necessitated operations of the Security Police. Many institutions had been robbed by the retreating Russians of their whole food supply. Often the guard and nursing personnel had fled. The inmates of several institutions broke out and became a danger to the general security; therefore

in Aglona (Lithuania) - 544 lunatics
in Mariampol (Lithuania) - 109 lunatics and
in Magutowo (near Luga) - 95 lunatics
were liquidated."

*******

[Page 386]

"When it was decided to extend the German operations to Leningrad and also to extend the activities of Action Group A to this town, I gave orders on 18 July 1941 to parts of Action Detachments 2 and 3 and to the Staff of the Group to advance to Novosselje, in order to prepare these activities and to be able to advance as early as possible into the area around Leningrad and into the city itself. The advance of the forces of Action Group A which were intended to be used for Leningrad, was effected in agreement with and on the express wish of Panzer-Group 4."

"Action detachment of Action Group A of the Security Police participated from the beginning in the fight against the nuisance created by partisans. Close collaboration with the Armed Forces and the exchange of experiences which were collected in the fight against partisans, brought about a thorough knowledge of the origin, organization, strength, equipment and system used by the Red partisans as time went on." (L-180).

Certain affidavits, furnished by responsible officials in both the Wehrmacht and the SS, fill in much of the background for the documents quoted above. An affidavit (3710-PS) by Walter Schellenberg who, at the time under discussion, was an important official in the RSHA, states:

"In the middle of May 1941, as far as I remember, the Chief of Amt 4 of the RSHA (SS-Brigadefuehrer Mueller), in the name of the Chief of the RSHA (SS-Gruppenfuehrer Heydrich), held discussions with the Generalquartiermeister of the Army (General Wagner) about questions connected with the operations of the SIPO and SD within the bounds of the Field Army during the imminent campaign against Russia. Wagner could come to no agreement with Mueller and therefore asked Heydrich to send another representative. I was at that time Chief of Section E in Amt 4 of the RSHA under Chief of Amt Mueller and was sent by Heydrich to Wagner because of my experience in matters of protocol for the purpose of drawing up the final agreement. According to the instructions given to me, I was supposed to make sure that this agreement would provide that the responsible headquarters in the Army would be firmly obligated to give complete support to all activities of the Combat Groups and Combat Commandos of the SIPO and SD. I discussed the problem of this mutual relationship in great detail with Wagner. In accordance with this discussion I then presented him

[Page 387]

with the completed draft of an agreement, which met with his full approval. This draft of an agreement was the basis for a final discussion between Wagner and Heydrich towards the end of May 1941.

"The contents of this agreement, as far as I remember, were substantially as follows. Its basis was the Fuehrer's command, mentioned at the very beginning of the agreement, that the SIPO and SD should operate within the combat elements of the Field Army, with the mission of utterly smashing all resistance in conquered front-line areas as well as in conquered rear supply zones by every means and as quickly as possible. The various areas were then set down in which the SIPO and SD were to be active and operating. The individual Combat Groups were then assigned to the army groups which were to take part in the campaign and the individual Combat Commandos to the respective armies which were to take part in the campaign.

"The Combat Groups and Combat Commandos were to operate in detail:

"1. In front-line areas: in complete subordination to the Field Army, tactically, functionally and administratively;

"2. In rear operational areas: in merely administrative subordination to the Field Army, but under command and functional control of the RSHA;

"3. In rear Army areas: arrangement as in 2;

"4. In areas of the civil administration in the East: same as in the Reich.

"The tactical and functional authority and responsibility of front-line headquarters of the Field Army over the Combat Commandos found no limitation in the agreement and therefore needed no further clarification.

"The agreement made it clear that the administrative subordination embraced not only disciplinary subordination but also the obligation for rear headquarters of the Field Army to support the Combat Groups and Combat Commandos in matters of supply (gasoline, rations, etc.) as well as in the use of the communications network.

"This agreement was signed by Heydrich and Wagner in my presence. Wagner signed it either 'acting for' or 'by order of' the OKH.

"After Wagner and Heydrich had affixed their signatures, both of them asked me to leave the room for half an hour. Just while leaving I heard how they both wanted to discuss in complete privacy the Fuehrer's command, which was ap-

[Page 388]

parently known in advance by each of them personally, and its far-reaching implications. After the half hour was over I was called in once more just to say goodbye.

"Today I read the 'Operational and Situational Report No. 6 of the Combat Groups of the SIPO and SD in the USSR (covering the period from 1 October 1941 to 31 October 1941),' as well as the 'Comprehensive Report of Combat Group A up to 15 October 1941.' The whole substance of these reports shows that the prime mission of the Combat Groups and Combat Commandos of the SIPO and SD was to undertake and carry out mass executions of Jews, Communists and other elements of resistance. It is also clear from the above-cited 'Comprehensive Report,' which embraces no more than the first four months of these operations, that the cooperation of the respective Oberbefehlshabers with Combat Group A was 'in general good and in individual instances, for instance that of Panzergruppe 4 under Colonel General Hoeppner, very close, in fact almost cordial' (page 1). From an inclosure to this same report, bearing the title 'Summary of the Number of Executed Persons,' particularly from the figures arranged according to the successively conquered areas, it is evident that the SIPO and SD operated in front-line areas so as fully to carry out their prime function of conducting mass executions of all elements of resistance even from the very beginning of the advance against Russia. I acknowledge the reliability and authenticity of both of the above cited reports. Therefore I must today express my firm conviction that the Oberbefehlshabers of the army groups and armies which were to take part in the Russian campaign were accurately informed through the normal OKH channels of communication about the extensive future mission of the Combat Groups and Combat Commandos of the SIPO and SD as including planned mass executions of Jews, Communists and all other elements of resistance.

"In the beginning of June 1941 all of the Ic counter- intelligence officers, and, as far as I remember, all of the Ic officers of all army groups, armies, army corps and some of the divisions which were to take part in the coming Russian campaign were called in by Wagner, together with Heydrich and the Chief of the Amt for Counter-Intelligence Abroad in the OKW (Admiral Canaris) for a general conference in the OKW Building at Berlin. The responsible leaders of the Combat Groups and Combat Commandos of the SIPO and SD were for the most part likewise present. I was also there.

[Page 389]

The essential substance and purpose of this meeting was to outline the military strategy against Russia and to announce the above-mentioned details of the written agreement reached by Wagner and Heydrich.

"This group of Ic counter-intelligence officers and Ic officers remained at Berlin a few days longer and was carefully instructed in several additional conferences, at which I was not present, about further details of the coming Russian campaign. I assume that these discussions were concerned with the exact delineation of the Fuehrer's command 'to smash utterly all resistance in occupied areas by every means and as quickly as possible,' including even planned mass executions of all elements of resistance. Otherwise the cooperation between the Field Army and the Combat Groups, which in the above-cited documents is clearly revealed as existing but a few weeks thereafter, could not in my opinion have been forthcoming. In any event there is hardly any reason to doubt that these Ic counter-intelligence officers, immediately upon their return from Berlin, accurately informed their own superiors, including all Oberbefehlshabers of the army groups and armies which were to march against Russia, about the full extent of the agreement."

"(signed) Walter Schellenberg
"26 November 1945" (3710-PS)

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