Chapter 20

“For the first time in history we have to fight on only one front, the other front is at present free. But no one can know how long that will remain so. I have doubted for a long time whether I should strike in the east and then in the west. Basically I did not organize the armed forces in order not to strike. The decision to strike was always in me. Earlier or later I wanted to solve the problem. Under pressure it was decided that the east was to be attacked first. If the Polish war was won so quickly, it was due to the superiority of our armed forces. The most glorious appearance in history. Unexpectedlysmall expenditures of men and material. Now the eastern front is held by only a few divisions. It is a situation which we viewed previously as unachievable. Now the situation is as follows: The opponent in the west lies behind his fortifications. There is no possibility of coming to grips with him. The decisive question is: how long can we endure this situation.”*            *            *            *            *            *“Everything is determined by the fact that the moment is favorable now; in 6 months it might not be so anymore.”*            *            *            *            *            *“England cannot live without its imports. We can feed ourselves. The permanent sowing of mines on the English coasts will bring England to her knees. However, this can only occur if we have occupied Belgium and Holland. It is a difficult decision for me. None has ever achieved what I have achieved. My life is of no importance in all this. I have led the German people to a great height, even if the world does hate us now. I am setting this work on a gamble. I have to choose between victory or destruction. I choose victory. Greatest historical choice, to be compared with the decision of Friedrich the Great before the first Silesian war. Prussia owes its rise to the heroism of one man. Even there the closest advisers were disposed to capitulation. Everything depended on Friedrich the Great. Even the decisions of Bismarck in 1866 and 1870 were no less great. My decision is unchangeable. I shall attack France and England at the most favorable and quickest moment. Breach of the neutrality of Belgium and Holland is meaningless. No one will question that when we have won. We shall not bring about the breach of neutrality as idiotically as it was in 1914. If we do not break the neutrality, then England and France will. Without attack the war is not to be ended victoriously. I consider it as possible to end the war only by means of an attack. The question as to whether the attack will be successful no one can answer. Everything depends upon the favorable instant”. (789-PS)

“For the first time in history we have to fight on only one front, the other front is at present free. But no one can know how long that will remain so. I have doubted for a long time whether I should strike in the east and then in the west. Basically I did not organize the armed forces in order not to strike. The decision to strike was always in me. Earlier or later I wanted to solve the problem. Under pressure it was decided that the east was to be attacked first. If the Polish war was won so quickly, it was due to the superiority of our armed forces. The most glorious appearance in history. Unexpectedlysmall expenditures of men and material. Now the eastern front is held by only a few divisions. It is a situation which we viewed previously as unachievable. Now the situation is as follows: The opponent in the west lies behind his fortifications. There is no possibility of coming to grips with him. The decisive question is: how long can we endure this situation.”

*            *            *            *            *            *

“Everything is determined by the fact that the moment is favorable now; in 6 months it might not be so anymore.”

*            *            *            *            *            *

“England cannot live without its imports. We can feed ourselves. The permanent sowing of mines on the English coasts will bring England to her knees. However, this can only occur if we have occupied Belgium and Holland. It is a difficult decision for me. None has ever achieved what I have achieved. My life is of no importance in all this. I have led the German people to a great height, even if the world does hate us now. I am setting this work on a gamble. I have to choose between victory or destruction. I choose victory. Greatest historical choice, to be compared with the decision of Friedrich the Great before the first Silesian war. Prussia owes its rise to the heroism of one man. Even there the closest advisers were disposed to capitulation. Everything depended on Friedrich the Great. Even the decisions of Bismarck in 1866 and 1870 were no less great. My decision is unchangeable. I shall attack France and England at the most favorable and quickest moment. Breach of the neutrality of Belgium and Holland is meaningless. No one will question that when we have won. We shall not bring about the breach of neutrality as idiotically as it was in 1914. If we do not break the neutrality, then England and France will. Without attack the war is not to be ended victoriously. I consider it as possible to end the war only by means of an attack. The question as to whether the attack will be successful no one can answer. Everything depends upon the favorable instant”. (789-PS)

Thereafter the winter of 1939-40 passed quietly—the winter of “phony war”. The General Staff and High Command Group all knew what the plan was; they had all been told. It was to attack ruthlessly at the first opportunity, to smash the French and English forces, to pay no heed to treaties with, or the neutrality of, the Low Countries.

“Breaking of the neutrality of Belgium and Holland is meaningless.No one will question that when we have won.” (789-PS)

“Breaking of the neutrality of Belgium and Holland is meaningless.No one will question that when we have won.” (789-PS)

That is what Hitler told theOberbefehlshaber. The generals and admirals agreed and went forward with their plans.

The military leaders may contend that all the steps in this march of conquest were conceived by Hitler, and that the military leaders embarked on them with reluctance and misgivings. Or they may be restrained by pride from taking so undignified and degrading a position as to suggest that German military leadership, the bearers of the tradition of Schlieffen, Moltke, Spee and Hindenburg, was cowed and coerced into war and plans of which they did not approve by a gang of political adventurers. But whether they make the argument or not, it is utterly without foundation.

Hitler’s utterances in October (L-79) and November (789-PS) 1939 are full of plans against France, England, and the Low Countries but contain no suggestion of an attack on Scandinavia. Indeed, Hitler’s memorandum of 9 October 1939 (L-52) to the four service chiefs affirmatively indicates that he saw no reason to disturb the situation to the North:

“The Northern States—Providing no completely unforeseen factors appear, their neutrality in the future is also to be assumed. The continuance of trade with these countries appears possible even in a war of long duration.” (L-52)

“The Northern States—Providing no completely unforeseen factors appear, their neutrality in the future is also to be assumed. The continuance of trade with these countries appears possible even in a war of long duration.” (L-52)

But a week previous, on 3 October 1939, Raeder had caused a questionnaire to be circulated within the Naval War Staff, seeking comments on the advantages which might be gained from a naval standpoint by securing bases in Norway and Denmark (C-122). Raeder was stimulated to circulate this questionnaire by a letter from another Admiral named Carls, who pointed out the importance of an occupation of the Norwegian coast by Germany (C-66). (Rolf Carls later attained the rank of Admiral of the Fleet, and commanded Naval Group North from January 1940 to February 1943. In that capacity he is a member of the General Staff and High Command Group as defined in the Indictment.)

Doenitz, at that time Flag Officer Submarines, on 9 October 1939, replied to the questionnaire that from his standpoint Trondheim and Narvik met his requirements, that Trondheim was preferable, and proposed the establishment of a U-boat base there (C-5). Raeder’s visit to Hitler the next day and certain subsequent events are described as follows (L-323):

“Entry in the War Diary of the C-in-C of the Navy (Naval War Staff) on ‘Weseruebung’.1. 10 October 1939. First reference of the C-in-C of the Navy (Naval War Staff), when visiting the Fuehrer, to the significance of Norway for seaand air warfare. The Fuehrer intends to give the matter consideration.“12 December 1939. Fuehrer received Q & H.“Subsequent instructions to the Supreme Command of the Armed Forces to make mental preparations. The C-in-C of the Navy is having an essay prepared, which will be ready in January. With reference to this essay,Kapitan zur seeKrancke is working on ‘Weseruebung’, and OKW.“During the time which followed, H maintained contact with the Chief of Staff of the C-in-C of the Navy. His aim was to develop the Party Q with a view to making it capable of making a coup, and to give the Supreme Command of the Navy information on political developments in Norway and military questions. In general he pressed for a speeding-up of preparations, but considered that it was first necessary to expand the organization. The support which had been promised him in the form of money and coal was set in motion only very slowly and came in small quantities, and he repeatedly complained about this. It was not until the end of March that Q considered the coup [Aktion] so urgent that the expansion of his organization could not wait. The military advice of H was passed on to the OKW.” (L-323)

“Entry in the War Diary of the C-in-C of the Navy (Naval War Staff) on ‘Weseruebung’.1. 10 October 1939. First reference of the C-in-C of the Navy (Naval War Staff), when visiting the Fuehrer, to the significance of Norway for seaand air warfare. The Fuehrer intends to give the matter consideration.

“12 December 1939. Fuehrer received Q & H.

“Subsequent instructions to the Supreme Command of the Armed Forces to make mental preparations. The C-in-C of the Navy is having an essay prepared, which will be ready in January. With reference to this essay,Kapitan zur seeKrancke is working on ‘Weseruebung’, and OKW.

“During the time which followed, H maintained contact with the Chief of Staff of the C-in-C of the Navy. His aim was to develop the Party Q with a view to making it capable of making a coup, and to give the Supreme Command of the Navy information on political developments in Norway and military questions. In general he pressed for a speeding-up of preparations, but considered that it was first necessary to expand the organization. The support which had been promised him in the form of money and coal was set in motion only very slowly and came in small quantities, and he repeatedly complained about this. It was not until the end of March that Q considered the coup [Aktion] so urgent that the expansion of his organization could not wait. The military advice of H was passed on to the OKW.” (L-323)

On 12 December the Naval War Staff discussed the Norwegian project with Hitler at a meeting which Keitel and Jodl also attended (C-64). In the meantime, illustrating the close link between the service chiefs and the Nazi politicians, Raeder was in touch with Rosenberg on the possibilities of using Quisling (C-65). As result of all this, on Hitler’s instructions Keitel issued an OKW directive on 27 January 1940. The directive related that Hitler had commissioned Keitel to take charge of preparation for the Norway operation, to which he then gave the code name “Weseruebung.” On 1 March 1940 Hitler issued the directive setting forth the general plan for the invasion of Norway and Denmark (C-174). The invasion itself took place on 9 April 1940. The directive was initialled by Admiral Kurt Fricke who at that time was head of the Operations Division of the Naval War Staff, and who at the end of 1941 became Chief of the Naval War Staff. In that capacity he too is a member of the Group as defined in the Indictment.

So, as these documents make clear, the plan to invade Norway and Denmark was not conceived in Nazi Party circles or forced on the military leaders. On the contrary it was conceived in the naval part of the General Staff and High Command Group, and Hitler was persuaded to take up the idea. Treaties and neutralitymeant just as little to the General Staff and High Command Group as to the Nazis. Launching aggressive war against inoffensive neighboring states gave the generals and admirals no qualms.

As for the Low Countries, neither Hitler nor the military leaders were disturbed about Treaty considerations. At the conferences between Hitler and the principal military leaders in May 1939 (L-79), when the intention to attack Poland was announced, Hitler in discussing the possibility of war with England said:

“The Dutch and Belgian air bases must be occupied by armed force. Declarations of neutrality will be ignored”. (L-79)

“The Dutch and Belgian air bases must be occupied by armed force. Declarations of neutrality will be ignored”. (L-79)

And in the speech to theOberbefehlshaberin November 1939 (789-PS), after the Polish victory, Hitler made clear his intention to attack France and England by first invading the Low Countries. “No one will question that when we have won,” he said.

Accordingly, the winter of 1939-40 and the early spring of 1940 was a period of intensive planning in German military circles. The major attack in the West through the Low Countries, and the attack on Norway and Denmark had to be planned. Jodl’s diary for the period 1 February to 26 May 1940 (1809-PS) contains many entries reflecting the course of this planning. These entries show that during February and early March there was considerable doubt in German military circles as to whether the attack on Norway and Denmark should precede or follow the attack on the Low Countries; and that at some points there even was doubt as to whether all these attacks were necessary from a military standpoint. But there is not a single entry which reflects any hesitancy, from a moral angle, on the part of Jodl or any of the people he mentions to overrun these neutral countries.

On 1 February 1940, General Jeschonnek (Chief of the Air Staff and a member of the Group as defined in the Indictment) visited Jodl and suggested that it might be wise to attack only Holland, on the ground that Holland alone would “be a tremendous improvement in conducting aerial warfare”. On 6 February, Jodl conferred with Jeschonnek, Warlimont, and Col. von Waldau, and what Jodl calls a “new idea” was proposed at this meeting: that the Germans should “carry out actions H (Holland) and Weser exercise (Norway and Denmark) only and guarantee Belgium’s neutrality for the duration of the war” (1809-PS). The German Air Force may have felt that occupation of Holland alone would give them sufficient scope for air bases for attacks on England, and that if Belgium’s neutrality were preserved the bases in Holland would be immune from attack by the French and the British armies in France. If, to meet this situation, the Frenchand British attacked through Belgium, the violation of neutrality would be on the other foot. But whether or not the “new idea” made sense from a military angle, it appears to be a most extraordinary notion from a diplomatic angle. It was a proposal to violate, without any substantial excuse, the neutrality of three neighboring small countries, and simultaneously to guarantee the neutrality of a fourth. What value the Belgians might have attributed to a guarantee of neutrality offered under such circumstances it is difficult to imagine and in fact the “new idea” projected at this meeting of military leaders is an extraordinary combination of cynicism and naivete.

In the meantime, as Jodl’s diary shows, on 5 February 1940 the “special staff” for the Norway invasion met for the first time and got its instructions from Keitel (1809-PS). On 21 February Hitler put General von Falkenhorst (who subsequently became anOberbefehlshaberand a member of the Group) in command of the Norway undertaking; and Jodl’s diary records that “Falkenhorst accepts gladly” (1809-PS). On 26 February Hitler was still in doubt whether to go first into Norway or the Low Countries, but on 3 March, he decided to do Norway first and the Low Countries a short time thereafter. This decision proved final. Norway and Denmark were invaded on 9 April and the success of the venture was certain by the first of May; the invasion of the Low Countries took place 10 days thereafter.

France and the Low Countries fell, Italy joined the war on the side of Germany, and the African campaign began. In the meantime, Goering’s Air Force hammered at England unsuccessfully, and the planned invasion of Britain (“OperationSeeloewe”) never came to pass. In October 1940 Italy attacked Greece and was fought to better than a standstill. The Italo-Greek stalemate and the uncertain attitude of Yugoslavia were embarrassing to Germany, particularly because the attack on the Soviet Union was being planned in the winter of 1940-41, and Germany felt she could not risk an uncertain situation at her rear in the Balkans.

Accordingly, it was decided to end the Greek situation by coming to Italy’s aid, and the Yugoslavian coup d’etat of 26 March 1940 brought about the final German decision to crush Yugoslavia also. The aggressive nature of the German attacks on Greece and Yugoslavia are demonstrated in444-PS;1541-PS;C-167;1746-PS. The decisions were made, and the Armed Forces drew up the plans and executed the attacks. The onslaught was particularly ruthless against Yugoslavia for the special purpose of frightening Turkey and Greece. The final deployment instructions were issued by Brauchitsch (R-95):

“1. The political situation in the Balkans having changed by reason of the Yugoslav military revolt, Yugoslavia has to be considered as an enemy even should it make declarations of loyalty at first.“The Fuehrer and Supreme Commander has decided therefore to destroy Yugoslavia as quickly as possible* * *”*            *            *            *            *            *“5.Timetable for the operations.a. On 5th April as soon as sufficient forces of the Air Forces are available and weather permitting, the Air Forces shall attack continuously by day and night the Yugoslav ground organization and Belgrade.” (R-95)

“1. The political situation in the Balkans having changed by reason of the Yugoslav military revolt, Yugoslavia has to be considered as an enemy even should it make declarations of loyalty at first.

“The Fuehrer and Supreme Commander has decided therefore to destroy Yugoslavia as quickly as possible* * *”

*            *            *            *            *            *

“5.Timetable for the operations.a. On 5th April as soon as sufficient forces of the Air Forces are available and weather permitting, the Air Forces shall attack continuously by day and night the Yugoslav ground organization and Belgrade.” (R-95)

(e)The Soviet Union.It is quite possible that some members of the General Staff and High Command Group opposed “Barbarossa,” the German attack on the Soviet Union, as unnecessary and unwise from a military standpoint. Raeder so indicated in a memorandum he wrote on 10 January 1944 (C-66):

“1. At this time the Fuehrer had made known his ‘unalterable decision’ to conduct the Eastern campaign in spite of all remonstrances. After that, further warnings, if no new situation had arisen, were found to be completely useless. As Chief of Naval War Staff, I was never convinced of the ‘compelling necessity’ for Barbarossa.”*            *            *            *            *            *“The Fuehrer very early had the idea of one day settling accounts with Russia, doubtless his general ideological attitude played an essential part in this. In 1937-38 he once stated that he intended to eliminate the Russians as a Baltic power; they would then have to be diverted in the direction of the Persian Gulf. The advance of the Russians against Finland and the Baltic States in 1939-40 probably further strengthened him in this idea.“The fear that control of the air over the Channel in the autumn of 1940 could no longer be attained—a realization which the Fuehrer, no doubt, gained earlier than the Naval War Staff, who were not so fully informed of the true results of air raids on England (our own losses)—surely caused the Fuehrer, as far back as August and September, to consider whether—even prior to victory in the West—an Eastern campaign would be feasible with the object of first eliminating our last serious opponent on the Continent. The Fuehrer did not openly express this fear, however, until well into September.”*            *            *            *            *            *“7. As no other course is possible, I have submitted to compulsion. If, in doing so, a difference of opinion arises between 1 SKL and myself, it is perhaps because the arguments the Fuehrer used on such occasion (dinner speech in the middle of July to the Officers in Command) to justify a step he had planned, usually had a greater effect on people not belonging to the ‘inner circle,’ than on those who often heard this type of reasoning.“Many remarks and plans indicate that the Fuehrer calculated on the final ending of the Eastern campaign in the autumn of 1941, whereas the Supreme Command of the Army (General Staff) was very skeptical.” (C-66)

“1. At this time the Fuehrer had made known his ‘unalterable decision’ to conduct the Eastern campaign in spite of all remonstrances. After that, further warnings, if no new situation had arisen, were found to be completely useless. As Chief of Naval War Staff, I was never convinced of the ‘compelling necessity’ for Barbarossa.”

*            *            *            *            *            *

“The Fuehrer very early had the idea of one day settling accounts with Russia, doubtless his general ideological attitude played an essential part in this. In 1937-38 he once stated that he intended to eliminate the Russians as a Baltic power; they would then have to be diverted in the direction of the Persian Gulf. The advance of the Russians against Finland and the Baltic States in 1939-40 probably further strengthened him in this idea.

“The fear that control of the air over the Channel in the autumn of 1940 could no longer be attained—a realization which the Fuehrer, no doubt, gained earlier than the Naval War Staff, who were not so fully informed of the true results of air raids on England (our own losses)—surely caused the Fuehrer, as far back as August and September, to consider whether—even prior to victory in the West—an Eastern campaign would be feasible with the object of first eliminating our last serious opponent on the Continent. The Fuehrer did not openly express this fear, however, until well into September.”

*            *            *            *            *            *

“7. As no other course is possible, I have submitted to compulsion. If, in doing so, a difference of opinion arises between 1 SKL and myself, it is perhaps because the arguments the Fuehrer used on such occasion (dinner speech in the middle of July to the Officers in Command) to justify a step he had planned, usually had a greater effect on people not belonging to the ‘inner circle,’ than on those who often heard this type of reasoning.

“Many remarks and plans indicate that the Fuehrer calculated on the final ending of the Eastern campaign in the autumn of 1941, whereas the Supreme Command of the Army (General Staff) was very skeptical.” (C-66)

But the passage last quoted indicates that the other members of the General Staff favored “Barbarossa”. Raeder’s memorandum actually says substantially what Blomberg’s affidavit (3704-PS) says; that some of the generals lost confidence in the power of Hitler’s judgment, but that the generals failed as a group to take any definite stand against him although a few tried and suffered thereby. Certainly the High Command Group took no stand against Hitler on “Barbarossa” and the events of 1941 and 1942 do not suggest that the High Command embarked on the Soviet war tentatively or with reservations, but rather with ruthless determination backed by careful planning. The plans themselves have already been cited. (446-PS;C-35;872-PS;C-78;447-PS)

(f)Nature of the General Staff and High Command Group Responsibility for Aggression.The nature of the accusation against this Group for plotting and launching wars of aggression must be clearly understood. They are not accused on the ground that they are soldiers. They are not accused because they did the usual things a soldier is expected to do, such as make military plans and command troops.

It is among the normal duties of a diplomat to engage in negotiations and conferences; to write notes and side memoires to the government to which he is accredited; and to cultivate good will toward the country he represents. Ribbentrop is not indicted for doing these things. It is the usual function of a politician to weigh and determine matters of national policy and to draft regulations and decrees and make speeches. Hess, Frick, and the other politician-defendants are not indicted for doing these things. It is an innocent and respectable business to be a locksmith but it is none the less a crime if the locksmith turns his talents to picking the locks of neighbors and looting their homes. And that is the nature of the charge against all the defendants, and against the General Staff and High Command Group as well. The chargeis that in performing the functions of diplomats, politicians, soldiers, sailors, or whatever they happened to be, they conspired to and did plan, prepare, initiate, and wage wars of aggression and in violation of Treaties.

The Charter (Article 6(a)) declares that wars of aggression and wars in violation of international treaties, agreements, and assurances are crimes against peace. It is no defense for those who commit such crimes to plead that they practice a particular profession, whether it is arms or the law. It is perfectly legal for military men to prepare military plans to meet national contingencies, to carry out such plans and engage in war if in so doing they do not knowingly plan and wage illegal wars.

There might well be individual cases where drawing the line between legal and illegal conduct would involve some difficulties. That is not an uncommon situation in the legal field. But there can be no doubt as to the criminality of the General Staff and High Command Group, nor as to the guilt of the five defendants who are members of the Group. The evidence is clear that these defendants, and the leaders of the Group, and most of the members of the Group, were fully advised in advance of the aggressive and illegal war plans, and carried them out with full knowledge that the wars were aggressive and in violation of treaties.

In the case of defendants Goering, Keitel, and Jodl, the evidence is voluminous and their participation in aggressive plans and wars is constant. The same is true of the defendant Raeder, and his individual responsibility for the aggressive and savage attack on Norway and Denmark is especially clear. The evidence so far offered against Doenitz is less voluminous, for the reason that he was younger and not one of the top group until later in the war, but his knowing participation in and advocacy of the Norwegian venture is clear.

Numerous other members of the General Staff and High Command Group, including its other leaders, participated knowingly and willfully in these illegal plans and wars. Brauchitsch, the Commander-in-Chief of the Army, and his Chief of Staff, Halder; Warlimont the deputy to Jodl and chief repository of plans—in the nature of things these men knew all that was going on, and participated fully, as the evidence has shown. Reichenau and Sperrle helped to bully Schuschnigg; Reichenau and von Schobert, together with Goering, were immediately sent for by Hitler when Schuschnigg ordered the plebiscite. At later date, Blaskowitz as anOberbefehlshaberin the field knowingly prepared for the attack on Poland; Field Marshal List educated the Bulgarians for their role during the attacks on Yugoslavia and Greece; von Falkenhorst“gladly” accepted the assignment to command the invasion of Norway and Denmark. On the air side, Jeschonnek had proposed that Germany attack Norway, Denmark, and Holland, and simultaneously assured Belgium that there was nothing to fear. On the naval side, Admiral Carls foresaw at an early date that German policy was leading to a general European war, and at a later date the attack on Norway and Denmark was his brainchild; Krancke was one of the chief planners of this attack; Schniewindt was in the inner circle for the attack on Poland; Fricke certified the final orders for “Weseruebung” and a few months later proposed that Germany annex Belgium and northern France and reduce the Netherlands and Scandinavia to vassalage. Most of these 19 officers were at the time members of the Group, and the few who were not subsequently became members. At the final planning and reporting conference for “Barbarossa,” 17 additional members were present. At the two meetings with Hitler, at which the aggressive plans and the contempt for treaties were fully disclosed, the entire group was present.

The military defendants may perhaps argue that military men are pure technicians, bound to do whatever the political leaders order them to do. Such a suggestion must fail, on any test of reason or logic. It amounts to saying that military men are a race apart from and different from the ordinary run of human beings—men above and beyond the moral and legal requirements that apply to others; men incapable of exercising moral judgment on their own behalf.

It stands to reason that the crime of planning and waging aggressive warfare is committed most consciously, deliberately, and culpably by a nation’s leaders—the leaders in all the major fields of activity necessary to and closely involved in the waging of war. It is committed by the principal propagandists and publicists who whip up the necessary beliefs and enthusiasms among the people as a whole, so that the people will acquiesce and join in attacking and slaughtering the peoples of other nations. It is committed by the political leaders who purport to represent and execute the national will. It is committed by the diplomats who handle the nation’s foreign policy and endeavor to create a favorable diplomatic setting for successful warfare, and by the chief ministers who adapt the machinery of government to the needs of a nation at war. It is committed by the principal industrial and financial leaders who shape the national economy and marshall the productive resources for the needs of an aggressive war program. It is no less committed by the military leaders who knowingly plan aggressive war, mobilize the men and equipment of the attacking forces, and execute the actual onslaught.

In the nature of things, planning and executing aggressive war is accomplished by agreement and consultation among all these types of leaders. If the leaders in any notably important field of activity stand aside, resist, or fail to cooperate in launching and executing an aggressive war program, the program will at the very least be seriously obstructed, and probably its successful accomplishment will be impossible. That is why the principal leaders in all these fields of activity share responsibility for the crime, and the military leaders no less than the others. Leadership in the military field, as in any other field, calls for moral wisdom as well as technical astuteness.

The responsible military leaders of any nation can hardly be heard to say that their role is that of a mere janitor, custodian, or pilot of the war machine which is under their command, and that they bear no responsibility whatsoever for the use to which that machine is put. Such a view would degrade and render ignoble the profession of arms. The prevalence of such a view would be particularly unfortunate today, when the military leaders control forces infinitely more powerful and destructive than ever before. Should the military leaders be declared exempt from the declaration in the Charter that planning and waging aggressive war is a crime, it would be a crippling if not fatal blow to the efficacy of that declaration.

The American prosecution here representing the United Nations believes that the profession of arms is a distinguished and noble profession. It believes that the practice of that profession by its leaders calls for the highest degree of integrity and moral wisdom no less than for technical skill. It believes that in consulting and planning with leaders in other national fields of activity, the military leaders will act and counsel in accordance with International Law and the dictates of the public conscience. Otherwise, the military resources of the nation will be used, not in accordance with the laws of modern civilization, but with the law of the jungle. The military leaders share responsibility with other leaders of a nation.

Obviously the military leaders are not the final and exclusive arbiters, and the German military leaders do not bear exclusive responsibility for the aggressive wars which were waged. If the leading German diplomats and industrialists and other leaders had not been infected with similar criminal purposes, the German military leaders might not have had their way. But the German military leaders conspired with others to undermine and destroy the conscience of the German nation. The German military leaders wanted to aggrandize Germany and if necessary to resort to warfor that purpose. As the Chief Prosecutor for the United States said in his opening statement, “the German military leaders are here before you because they, along with others, mastered Germany and drove it to war.”

(2)War Crimes and Crimes Against Humanity.It is proposed to show that members of the General Staff and High Command Group, including the five defendants who are members of the Group, ordered and directed the commission of War Crimes and Crimes against Humanity, as defined in the Indictment. It is also proposed to show, in certain instances, the actual commission of war crimes by members of the German Armed Forces, as a result of these orders, or as a result of other orders or arrangements made by members of the General Staff and High Command Group, which controlled the German Armed Forces and bears responsibility for war crimes committed by them.

It is not proposed, however, to make a full showing of war crimes committed by the German Armed Forces. The full presentation of this evidence is to be made, pursuant to agreement among the Chief Prosecutors, by the French and Soviet delegations.

It will be shown that the General Staff and High Command became wedded to a policy of terror. In some cases, where the evidence of this policy is in documentary form, the activating papers which were signed by, initialed by, and circulated among the members of the Group will be presented. In other instances, where the actual crimes were committed by others than members of the German Armed Forces (where, for example prisoners of war or civilians were handed over to and mistreated or murdered by the SS or SD), it will be shown that members of the Group were well aware that they were assisting in the commission of war crimes. It will be shown that many crimes committed by the SS or SD were committed with the knowledge and necessary support of the General Staff and High Command, and that frequently members of the German Armed Forces acted in conjunction with the SS and SD in carrying out tasks then known by such respectable-sounding terms as “pacification,” “cleansing,” and “elimination of insecure elements.”

(a)Murder of Commandos, Paratroopers, and Members of Military Missions.This story starts with an order issued by Hitler on 18 October 1942 (498-PS). The order began with a recital that allied commandos were using methods of warfare alleged to be outside the scope of the Geneva Conventions, and thereafter proceeded to specify the methods of warfare which German troops should use against allied commandos, and the disposition whichshould be made of captured commandos. This order reads as follows:

“1.For some time our enemies have been using in their warfare methods which are outside the international Geneva Conventions. Especially brutal and treacherous is the behavior of the so-called commandos, who, as is established, are partially recruited even from freed criminals in enemy countries. From captured orders it is divulged that they are directed not only to shackle prisoners, but also to kill defenseless prisoners on the spot at the moment in which they believe that the latter as prisoners represent a burden in the further pursuit of their purposes or could otherwise be a hindrance. Finally, orders have been found in which the killing of prisoners has been demanded in principle.“2.For this reason it was already announced in an addendum to the Armed Forces report of 7 October 1942, that in the future, Germany, in the face of these sabotage troops of the British and their accomplices, will resort to the same procedure, i.e., that they will be ruthlessly mowed down by the German troops in combat, wherever they may appear.“3.I therefore order:From now on all enemies on so-called Commando missions in Europe or Africa challenged by German troops, even if they are to all appearances soldiers in uniform or demolition troops, whether armed or unarmed, in battle or in flight, are to be slaughtered to the last man. It does not make any difference whether they are landed from ships and aeroplanes for their actions, or whether they are dropped by parachute. Even if these individuals, when found, should apparently be prepared to give themselves up, no pardon is to be granted them on principle. In each individual case full information is to be sent to the OKW for publication in the Report of the Military Forces.“4.If individual members of such commandos, such as agents, saboteurs, etc. fall into the hands of the military forces by some other means, through the police in occupied territories for instance, they are to be handed over immediately to the SD. Any imprisonment under military guard, in PW stockades for instance, etc., is strictly prohibited, even if this is only intended for a short time.“5.This order does not apply to the treatment of any enemy soldiers who in the course of normal hostilities (large-scale offensive actions, landing operations and airborne operations), are captured in open battle or give themselves up. Nor does this order apply to enemy soldiers falling into our hands after battles at sea, or enemy soldiers trying to save their lives by parachute after battles.“6.I will hold responsible under Military Law, for failing to carry out this order, all commanders and officers who either have neglected their duty of instructing the troops about this order, or acted against this order where it was to be executed.“(S)  Adolf Hitler”  (498-PS).

“1.For some time our enemies have been using in their warfare methods which are outside the international Geneva Conventions. Especially brutal and treacherous is the behavior of the so-called commandos, who, as is established, are partially recruited even from freed criminals in enemy countries. From captured orders it is divulged that they are directed not only to shackle prisoners, but also to kill defenseless prisoners on the spot at the moment in which they believe that the latter as prisoners represent a burden in the further pursuit of their purposes or could otherwise be a hindrance. Finally, orders have been found in which the killing of prisoners has been demanded in principle.

For some time our enemies have been using in their warfare methods which are outside the international Geneva Conventions. Especially brutal and treacherous is the behavior of the so-called commandos, who, as is established, are partially recruited even from freed criminals in enemy countries. From captured orders it is divulged that they are directed not only to shackle prisoners, but also to kill defenseless prisoners on the spot at the moment in which they believe that the latter as prisoners represent a burden in the further pursuit of their purposes or could otherwise be a hindrance. Finally, orders have been found in which the killing of prisoners has been demanded in principle.

“2.For this reason it was already announced in an addendum to the Armed Forces report of 7 October 1942, that in the future, Germany, in the face of these sabotage troops of the British and their accomplices, will resort to the same procedure, i.e., that they will be ruthlessly mowed down by the German troops in combat, wherever they may appear.

For this reason it was already announced in an addendum to the Armed Forces report of 7 October 1942, that in the future, Germany, in the face of these sabotage troops of the British and their accomplices, will resort to the same procedure, i.e., that they will be ruthlessly mowed down by the German troops in combat, wherever they may appear.

“3.I therefore order:From now on all enemies on so-called Commando missions in Europe or Africa challenged by German troops, even if they are to all appearances soldiers in uniform or demolition troops, whether armed or unarmed, in battle or in flight, are to be slaughtered to the last man. It does not make any difference whether they are landed from ships and aeroplanes for their actions, or whether they are dropped by parachute. Even if these individuals, when found, should apparently be prepared to give themselves up, no pardon is to be granted them on principle. In each individual case full information is to be sent to the OKW for publication in the Report of the Military Forces.

I therefore order:From now on all enemies on so-called Commando missions in Europe or Africa challenged by German troops, even if they are to all appearances soldiers in uniform or demolition troops, whether armed or unarmed, in battle or in flight, are to be slaughtered to the last man. It does not make any difference whether they are landed from ships and aeroplanes for their actions, or whether they are dropped by parachute. Even if these individuals, when found, should apparently be prepared to give themselves up, no pardon is to be granted them on principle. In each individual case full information is to be sent to the OKW for publication in the Report of the Military Forces.

“4.If individual members of such commandos, such as agents, saboteurs, etc. fall into the hands of the military forces by some other means, through the police in occupied territories for instance, they are to be handed over immediately to the SD. Any imprisonment under military guard, in PW stockades for instance, etc., is strictly prohibited, even if this is only intended for a short time.

If individual members of such commandos, such as agents, saboteurs, etc. fall into the hands of the military forces by some other means, through the police in occupied territories for instance, they are to be handed over immediately to the SD. Any imprisonment under military guard, in PW stockades for instance, etc., is strictly prohibited, even if this is only intended for a short time.

“5.This order does not apply to the treatment of any enemy soldiers who in the course of normal hostilities (large-scale offensive actions, landing operations and airborne operations), are captured in open battle or give themselves up. Nor does this order apply to enemy soldiers falling into our hands after battles at sea, or enemy soldiers trying to save their lives by parachute after battles.

This order does not apply to the treatment of any enemy soldiers who in the course of normal hostilities (large-scale offensive actions, landing operations and airborne operations), are captured in open battle or give themselves up. Nor does this order apply to enemy soldiers falling into our hands after battles at sea, or enemy soldiers trying to save their lives by parachute after battles.

“6.I will hold responsible under Military Law, for failing to carry out this order, all commanders and officers who either have neglected their duty of instructing the troops about this order, or acted against this order where it was to be executed.

I will hold responsible under Military Law, for failing to carry out this order, all commanders and officers who either have neglected their duty of instructing the troops about this order, or acted against this order where it was to be executed.

“(S)  Adolf Hitler”  (498-PS).

This order was issued by the OKW in twelve copies, and the distribution included the three supreme commands and the principal field commands. (498-PS)

On the same day Hitler issued a supplementary order (503-PS) for the purpose of explaining the reasons for the issuance of the basic order. In this explanation, Hitler pointed out that allied commando operations had been extraordinarily successful in the destruction of rear communications, intimidation of laborers, and destruction of important war plants in occupied areas. Among other things Hitler stated in this explanation:

“Added to the decree concerning the destruction of terror and sabotage troops (OKW/WFst No. 003830/42 Top Secret of 18 October 1942) a supplementary order of the Fuehrer is enclosed.“This order is 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 ofthe 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 theLuftwaffeof 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 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 accordingto rules of the Geneva Convention. It must under all circumstances be ruthlessly exterminated.“The report on this subject appearing in the Armed Forces communique 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. Hitler”  (503-PS).

“Added to the decree concerning the destruction of terror and sabotage troops (OKW/WFst No. 003830/42 Top Secret of 18 October 1942) a supplementary order of the Fuehrer is enclosed.

“This order is 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 ofthe Armed Forces

“The Chief of the High Command ofthe Armed Forces

“The Chief of the High Command ofthe Armed Forces

“The Chief of the High Command of

the Armed Forces

“By order of“Jodl”

“By order of“Jodl”

“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 theLuftwaffeof 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 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 accordingto rules of the Geneva Convention. It must under all circumstances be ruthlessly exterminated.

“The report on this subject appearing in the Armed Forces communique 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. Hitler”  (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 section 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 abovethe Regimental and corresponding staffs of the other services must be withdrawn and destroyed.” (C-179)

“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 section 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 abovethe 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 situation, reference is made to figure6of the Fuehrer order of October 18, 42 (Appendix to Volume No. 1 SKL 1 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 EastandWest 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 evenafterthey 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 receiveinstructions 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)

“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 situation, reference is made to figure6of the Fuehrer order of October 18, 42 (Appendix to Volume No. 1 SKL 1 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 EastandWest 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 evenafterthey 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 receiveinstructions 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 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 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)

“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 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:

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