-Caveat Lector- from: http://www.codoh.com/trials/triamprosnazis.html Click Here: <A HREF="http://www.codoh.com/trials/triamprosnazis.html">War Crimes: American Prosecution of Nazi Milita�</A> ----- Begin End Notes * Professor, University of Illinois at Chicago, Department of Criminal Justice. (Ph.d., Northwestern; J.D., American; LL.M., Harvard). A portion of this research was undertaken during the author's service as "of counsel" for Bosnia and Hercegovina in its suit against "Yugoslavia (Serbia and Montenegro)" in the International Court of Justice. This article is dedicated with lasting love and devotion to Lidia Janus (June 9, 1958 - January 24, 1991) who lived with humanism, integrity, and passion and who longed for a Poland and a Europe free of perversity, prejudice and hate. Lidia continues to inspire us in death as she did in life. We will never forget . . . 1 . See Matthew Lippman, Nuremberg and American Justice, 5 NOTRE DAME J.L. ETHICS & PUB. POL'Y 951 (1991); Matthew Lippman, Nuremberg: Forty Five Years Later, 7 CONN. J. INT'L L. 1 (1991). 2 . See Matthew Lippman, The Other Nuremberg: American Prosecutions of Nazi War Criminals in Occupied Germany, 3 IND. INT'L & COMP. L. REV. 1 (1992). See also Matthew Lippman, The Nazi Doctors Trial And The International Prohibition On Medical Involvement In Torture, 15 LOY. L.A. INT'L & COMP. L.J. 395 (1993); Matthew Lippman, They Shoot Lawyers Don't They?: Law In The Third Reich And The Global Threat To The Independence Of The Judiciary, 23 CAL. W. INT'L L. J. 257 (1993). 3 . See IV TRIALS OF WAR CRIMINALS BEFORE THE NUERNBERG MILITARY TRIBUNALS UNDER CONTROL COUNCIL LAW No. 10 411 (1950)[hereinafter EINSATZGRUPPEN JUDGMENT]; XI TRIALS OF WAR CRIMINALS BEFORE THE NUERNBERG MILITARY TRIBUNALS UNDER CONTROL COUNCIL LAW No. 10 462 (1950) [hereinafter HIGH COMMAND JUDGMENT]; XI TRIALS OF WAR CRIMINALS BEFORE THE NUERNBERG MILITARY TRIBUNALS UNDER CONTROL COUNCIL LAW No. 10 1230 (1950) [hereinafter HOSTAGE JUDGMENT]. 4 . See generally Matthew Lippman, The Denaturalization Of Nazi War Criminals In The United States: Is Justice Being Served? 7 HOUS. J. INT'L L. 169 (1985); Matthew Lippman, The Drafting of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, 3 B.U. L.J. 1 (1994); Matthew Lippman, The Trial Of Adolf Eichmann And The Protection Of Universal Human Rights Under International Law, 5 HOUS J. INT'L L. 1 (1982). 5 . See ADOLF HITLER, MEIN KAMPF (Ralph Manheim trans., Houghton Miffflin, 1975) (1925). 6 . See id. at 611. 7 . See id. at 3. 8 . See id. at 642-43. 9 . See id. at 662, 666. 10 . See id. at 327, 679. 11 . See id. at 623. 12 . Id. at 654 (emphasis omitted). See also id. at 632. 13 . See id. at 644-45, 652. 14 . See id. at 138. 15 . See id. at 643, 646. 16 . Id. at 646. 17 . Id. at 652 (emphasis omitted). 18 . Id. 19 . Id. Just as our ancestors did not receive the soil on which we live today as a gift from Heaven, but had to fight for it at the risk of their lives, in the future no folkish grace will win soil for us and hence life for our people, but only the might of a victorious sword. Id. at 653. 20 . Id. at 653 (emphasis omitted). 21 . Id. at 138. 22 . Id. at 281. 23 . Id. at 294-95. "If we were to divide mankind into three groups, the founders of culture, the bearers of culture, the destroyers of culture, only the Aryan could be considered as the representative of the first group." Id. at 290. 24 . Id. at 296. 25 . Id. at 302. 26 . Id. at 402 (emphasis omitted). 27 . Treaty Of Peace With Germany (Concluded at Versailles, June 28, 1919) 13 A.J.I.L. 151 (Supp. 1919) (hereinafter Treaty of Versailles). 28 . See id. arts. 159-202. 29 . See id. arts. 203-10. 30 . Opening Statement of the Prosecution, TRIALS OF WAR CRIMINALS BEFORE THE NUERNBERG MILITARY TRIBUNALS UNDER CONTROL COUNCIL LAW NO. 10 61, 65 (1951) [hereinafter HIGH COMMAND MATERIALS]. 31 . Id. at 66. The phrase "'stabbed in the back'" was invoked by Field Marshal von Hindenburg in an appearance before a legislative committee of inquiry in November 1919. Id. 32 . Interoffice Memorandum Of Reich Defense Ministry, 18 January 1927, Concerning Illegality Of Mobilization Measures, supra note 30, at 427, 428 (emphasis omitted). 33 . See Opening Statement of the Prosecution, id. at 70-71. 34 . Id. at 72. 35 . Extracts From "Voelkischer Beobachter" of 2 and 6 February 1933, Concerning Relations Between The Armed Forces And Hitler, supra note 30, at 468, 469. 36 . Id. at 78. "I take this holy oath before God, that I will render unconditional obedience to the Fuehrer of the German Reich and of the German people, Adolf Hitler, and as a brave soldier will be prepared at any time to sacrifice my life for this oath." Extract From "Voelkischer Beobachter" of 3 August 1934, Reporting The Taking Of Oath Of Allegiance To Hitler By Armed Forces, id. at 473. 37 . Quoted in Opening Statement of the Prosecution, id. at 77. 38 . Id. at 74. 39 . Extracts From Article By Reich Minister General Von Blomberg On "The German Conscription," Published In The "Voelkischer Beobachter," 20 March 1935, id. at 473-74. 40 . Extracts From "The Fight Of The Navy Against Versailles, 1919-1935 Dealing Principally With Concealed Rearmament, id. at 432, 455. A secret history of the German Navy noted that "[o]nly when the Fuehrer had created the . . . condition for an effective rearmament, by the coordination of the whole nation and in the fusion of the political, financial, and intellectual forces, could the work of the soldier find its fulfillment." Id. at 433. 41 . Opening Statement of the Prosecution, supra note 30, at 76-77. See Treaty of Versailles, supra note 27, at arts. 42-43. "In case Germany violates in any manner whatever the provisions of Articles 42 and 43, she shall be regarded as committing a hostile act against the Powers signatory of the present Treaty and as calculated to disturb the peace of the world." Id. at art. 44. See also Directive 2 May 1935 Concerning Preparation For The Reoccupation Of The Rhineland, supra note 30, at 474; Extracts From Hitler's Reichstag Speech, 21 May 1935, Published In "Voelkischer Beobachter," 22 May 1935, id. at 476; Order, 2 March 1936, For The Reoccupation Of The Rhineland, id. at 484. On Hitler's birthday, April 20, 1936, he promoted Blomberg to field marshal, the first German to be appointed to this rank since World War I. Fritsch and Goering were made full generals and Raeder was appointed to Generaladmiral. See Extract From Hitler's Speech To Military Leaders On His Birthday, 20 April 1936; Published in "Voelkischer Beobachter," 21 April 1926, id. at 487. 42 . II NAZISM 1919-1945 A HISTORY IN DOCUMENTS AND EYEWITNESS ACCOUNTS 637-638 (J. Noakes & G. Pridham, eds., 1988). 43 . Extracts From Speeches By General Liebmann And Von Blomberg, 15 October 1935, Commemorating The 125th Anniversary Of The War Academy; Published In "Berliner Boersenzeitung," 16 October 1935, supra note 30, at 477, 478. 44 . Extracts From Speech By The Chief Of The General Staff, Lieutenant General Beck, 15 October 1935, Commemorating The 125th Anniversary Of The War Academy; Published In "Berliner Boersenzeitung," 16 October 1935, id. at 483, 484. 45 . Quoted in Noakes & Pridham, supra note 42, at 641. 46 . Id. at 642. 47 . Quoted in id. at 643-44. See also Draft Curriculum for the Academy of Naval Administration of 1938, reprinted in id. at 644. 48 . See Letter From Von Blomberg To Commanders In Chief Of Army, Navy, And Air Force, 24 June 1937, Inclosing A Directive for The Unified Preparation For War By The Armed Forces, supra note 30, at 488. 49 . Notes On Hitler Conference Of 5 November 1937, id. at 505, 506. 50 . Id. at 512. 51 . Opening Statement of the Prosecution, supra at note 30, 80-81. 52 . Id. at 82. 53 . Extract From "Voelkischer Beobachter," 6 February 1938, On Hitler Taking Over Command Of The German Armed Forces, id. at 516-17. The remainder of the order read as follows: The former Chief of the Armed Forces Office will be at the head of the staff of the High Command of the Armed Forces and will be known as 'Chief of the High Command of the Armed Forces.' He will be equal in rank with the Reich Ministers. The High Command of the Armed Forces assumes at the same time the activities of the Reich War Ministry; the Chief of the High Command of the Armed Forces will exercise all functions of the former Reich War Minister under my authority. Id. 54 . Opening Statement of the Prosecution, id. at 83-84. 55 . HIGH COMMAND JUDGMENT, supra note 3, at 501-02. 56 . Id. at 503. 57 . Id. 58 . Opening Statement of the Prosecution, supra note 30, at 82. The officer's Corps opposed the appointment of Reichenau as Commander in Chief of the Army. Hitler compromised and appointed Lieutenant General von Brauchitsch. Von Brauchitsch, however, lost the respect of his peers when he agreed to replace the martyred von Fritsch. Goering gained von Brauchitsch's gratitude by intervening to secure von Fritsch a divorce so as to permit him to remarry. Von Brauchitsch reciprocated by agreeing to accept a large number of modifications in the army leadership. Although promoted, von Brautchitsch was outranked and overshadowed by Goering who had been promoted to field marshall. Id. 59 . See XI TRIALS OF WAR CRIMINALS BEFORE THE NUERNBERG MILITARY TRIBUNALS UNDER CONTROL COUNCIL LAW No. 10 793-95 (1950) [hereinafter HOSTAGE MATERIALS]. The largest field formation in the German Army was known as the "army group" which designated a headquarters controlling two or more armies. Army groups were commanded by either a field marshal or a Generaloberster, ranks which were equivalent to a five-star and four-star general respectively. Below the army group, in descending order, were the corps, the division and smaller units such as regiments, battalions and companies. There were several types of divisions - infantry, armored (Panzer) and motorized (Panzer Grenadier). In southeastern Europe mountain divisions also were formed. See id. The field forces of the German Army were nominally under the OKH, but regularly received direction from the OKW. This frequently was the case in the occupied territories. In these territories, the Germans often appointed a senior "armed forces commander" (Wehrmachtsbefehlshaber) to whom the heads of the army, navy and air force were responsible. The administration of the region was customarily entrusted to an army general designated as "military commander" (Militaerbefehlshaber). The latter was responsible for security and order. See id. at 795-96. The Einsatzgruppen were formed in the spring of 1941 as part of Heinrich Himmler's the security apparatus. These squads functioned in the rear operational areas and were charged with exterminating political "undesirables" and opponents of the Nazi regime. See IV Trials Of War Criminals Before The Nuernberg Military Tribunals Under Control Council Law No. 10 35-38 (1950) [hereinafter EINSATZGRUPPEN MATERIALS]. 60 . For a number of abortive attempts to assassinate and overthrow Hitler, see MATTHEW COOPER, THE GERMAN ARMY 1933-1945 532 (1978). 61 . Id. at 534-36. 62 . See "Schackling Order," reprinted in id. at 542. 63 . Id. at 543. On April 18, Hitler declared, "'[i]f the German people loses the war, it will have proved itself unworthy of me.'" Id. 64 . Id. at 554-556. 65 . See id. at 546. 66 . See CHRISTOPHER R. BROWNING, ORDINARY MEN RESERVE POLICE BATTALION 101 AND THE FINAL SOLUTION IN POLAND XV, XVI (1992). 67 . OMER BARTOV, HITLER'S ARMY SOLDIERS, NAZIS AND WAR IN THE THIRD REICH 28, 61 (1991). 68 . Id. at 71-72. 69 . Id. at 70. The army assimilated the Nazi ideology "with all its social-darwinist, nihilist, expansionist, anti-Bolshevik, and racist attributes." Id. "The army did not simply pretend not to notice the criminal actions of the regime, it positively ordered its own troops to carry them out, and was distressed when breaches of discipline prevented their more efficient execution." Id. 70 . Id. at 152. 71 . Id. 72 . BROWNING, supra note 66, at 142. 73 . Id. at 47-48. 74 . Id. at 71-72. 75 . Id. at 73. 76 . See Shelford Bidwell, Kesselring, in HITLER'S GENERALS 265, 276 (Correlli Barnett ed. 1989). "If the mark of an outstanding man is that he can cope with novel problems, whether of war, management or politics, without any previous experience or special education, by using sheer intellect, then Kesselring was such a man . . . ." Id. at 276. 77 . The Trial Of Albert Kesselring (Brit. Milit Ct., Venice, Italy, 17 February-6th May, 1947), UNITED NATIONS WAR CRIMES COMMISSION, VIII LAW REPORTS OF TRIALS OF WAR CRIMINALS 9 (1949) [hereinafter KESSELRING CASE]. 78 . Id. 79 . See Trial Of General Von Mackensen And General Maelzer (Brit Milit. Ct., Rome, Italy, 18th-30th November, 1945), UNITED NATIONS WAR CRIMES COMMISSION, VIII LAW REPORTS OF TRIALS OF WAR CRIMINALS 1 (1949). On June 17th, 1944, Kesselring issued the first of several orders on partisan warfare. The directive urged that the fight should be carried out with all means at our disposal and with the utmost severity. I will protect any commander who exceeds our usual restraint in the . . . severity of the means he adopts . . . a mistake in the choice of the means to achieve is always better than failure to act or neglect . . . partisans must be attacked and destroyed. KESSELRING CASE, supra note 77, at 10. Over a thousand Italians were arbitrarily executed by Kesselring's troops. Id. at 11. 80 . See KESSELRING CASE, supra note 77, at 12. Bidwell, supra note 76, at 287. Bidwell typifies the tendency to minimize the War Crimes committed by the German military. He notes that Kesselring "was by nature genial. The troops nicknamed him 'Smiling Albert,' and he can be seen in his photographs always wearing a cheerful grin." Id. 81 . See Lippman, Nuremberg: Forty Five Years Later, supra note 1, at 7-12 (1991). 82 . See Case Of Lieutenants Dithmar And Boldt (RGSt July 16, 1921) (Germany), reprinted in 16 A.J.I.L. 708, 721 (1922). Any violation of the law of nations in warfare is . . . a punishable offence, so far as . . . a penalty is attached to the deed. The killing of enemies in war is in accordance with the will of the State that makes war . . . only in so far as such killing is in accordance with the conditions and limitations imposed by the law of nations. The fact that his deed is a violation of international law must be well-known to the doer, apart from acts of carelessness, in which careless ignorance is a sufficient excuse . . . . Id. 83 . Declaration on German Atrocities (October 30, 1943) VI DOCUMENTS ON AMERICAN FOREIGN RELATIONS (July 1943-June 1944) 231, 232 (1945). 84 . Id. 85 . XXII TRIAL OF THE MAJOR WAR CRIMINALS BEFORE THE INTERNATIONAL MILITARY TRIBUNALS 534-89 (1948)(Judgment). The five military officials were Goering, Commander in Chief of the Luftwaffe, id. at 524, 527; Keitel, Chief of the High Command of the Armed Forces, id. at 533, 536; Donitz, Commander in Chief of the German Navy, id. at 556, 561; Raeder, Chief of Naval Command until succeeded by Donitz in 1943, id. at 561, 563; and Jodl, Chief of the Operations Staff of the High Command of the Armed Forces under Keitel, id. at 568, 571. All five the major militarists also were convicted on the aggressive war charge. See id. 86 . Id. at 527. 87 . Id. at 535. 88 . Id. at 522-23. 89 . The United States filed twelve major indictments. See Matthew Lippman, The Other Nuremberg: American Prosecutions of Nazi War Criminals in Occupied Germany, supra note 2. 90 . PUNISHMENT OF PERSONS GUILTY OF WAR CRIMES, CRIMES AGAINST PEACE AND AGAINST HUMANITY, CONTROL COUNCIL LAW No. 10 (December 20, 1945), reprinted in VI TRIALS OF WAR CRIMINALS BEFORE THE NUERNBERG MILITARY TRIBUNALS UNDER CONTROL COUNCIL LAW NO. 10 XVIII (1952). 91 . Id. art. II, para. (1)(2). 1. Each of the following acts is recognized as a crime: (a) Crimes against Peace. Initiation of invasions of other countries and wars of aggression in violation of international laws and treaties, including but not limited to planning, preparation, initiation or waging a war of aggression, or a war of violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing. (b) War Crimes. Atrocities or offenses against persons or property constituting violations of the laws or customs of war, including but not limited to, murder, ill treatment or deportation to slave labor or for any other purpose, of civilian population from occupied territory, murder or ill treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity. (c) Crimes against humanity. Atrocities and offenses, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against any civilian population, or persecutions on political, racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated. (d) Membership in categories of a criminal group or organization declared criminal by the International Military Tribunal. Id. art. II para. (1)(a)-(d). 92 . Id. art. II, para 3. "Such punishment may consist of one or more of the following . . . ." Id. 93 . Id. art. II, para 4(a). "The official position of any person, whether as Head of State or as a responsible official in a Government Department, does not free him from responsibility for a crime or entitle him to mitigation of punishment." Id. 94 . See art. II, para. 4(b). Superior orders may be recognized in mitigation of punishment. Id. 95 . Id. art. II, para. 5. 96 . Id. arts. III-IV. See also ORGANIZATION AND POWERS OF CERTAIN MILITARY TRIBUNALS, ORDINANCE NO. 7 (October 18, 1946) reprinted in IV TRIALS OF WAR CRIMINALS BEFORE THE NUERNBERG MILITARY TRIBUNALS UNDER CONTROL COUNCIL LAW No. 10 XXXIII (1952), amended by ORDINANCE No. 11 reprinted in id. at XXIX (establishing the composition and procedure of United States tribunals). 97 . Keitel, Order Concerning Anti-Band Warfare, 16 December 1942; Letter Of Transmittal And Distribution List, 29 December 1942, supra note 30, at 1166, 1168. 98 . Letter Of Transmittal And "Reichenau Order", Of 10 October 1941, Distributed by XXVIII Army Corps Of The 18th Army, Commanded By Defendant Von Kuechler, id. at 1211, 1212. 99 . Id. 100 . Opening Statement of the Prosecution, Id. at 113. The Commando Order, which had been prepared by defendants Walter Warlimont Chief of the Armed Forces Operations Staff and Rudolf Lehmann, Chief of the Legal Division of the OKW, provided that: For some time our enemies have been using in their warfare methods which are outside the international Geneva Convention. Especially brutal and treacherous is the behavior of the so-called commandos who, as is established, are partially recruited even from ex-convicts in enemy countries. Captured orders reveal that they are directed . . . to shackle prisoners . . . orders have been found in which the killing of prisoners has been required as a standard practice. . . . >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 . . . . Even if these individuals, when found should apparently be prepared to give themselves up, no pardon is to be granted them . . . . If individual members of such commandos . . . 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 Security Service. Any imprisonment under military guard . . . is strictly prohibited, even if this is only intended for a short time. Supra note 30 at 115. The "Commando Order," 18 October 1942, signed by Hitler with a note by the defendant Warlimont concerning distribution of order, XI Trials Of War Criminals Before The Nuernberg Military Tribunals Under Control Council Law No. 10 73-74 (1951) [hereinafter HIGH COMMAND MATERIALS II]. Captured American, British, French, Norwegian and Greek commandos were executed pursuant to this order. Opening Statement of the Prosecution, supra note 30, at 115-116. Russian soldiers who were separated from their units and who were apprehended behind German lines in Russia also were executed. See Letter From XXX Army Corps (Commanded By Defendant Von Salmuth) To Subordinate Units, 7 August 1941, Transcribing Extracts From Army High Command Regulation Concerning Treatment Of Enemy Civilians And Russian Prisoners Of War, 25 July 1941, HIGH COMMAND MATERIALS II, supra note 100, at 66. 101 . See Reich Minister Dr. Goebbels, A Word On The Enemy Air Terror, HIGH COMMAND MATERIALS II, supra note 100, at 166-169. The Reich claimed that the pilots had been deprived of the protections customarily accorded to prisoners of war. Walter Warlimont was primarily responsible for drafting the 1944 order which directed German officers to permit civilians to take punitive action against Allied pilots. You will take immediate steps to ensure . . . that soldiers do not oppose the civilian population . . . by demanding that the enemy flyers be handed over . . . as prisoners, and . . . thus ostensibly siding with, the enemy terror flyers. No fellow German can understand such an attitude on the part of our armed forces. The inhabitants of the occupied territories, too, must not be restrained from taking matters into their own hands because of their justified indignation against the Anglo-American terror flyers, or from giving other expressions of their justified resentment against captured members of the enemy forces . . . . Order By General Schmidt, 11 December 1944, Transmitting Order Of Chief OKW Of 9 July 1944, Concerning Oral Instructions To Be Given To Soldiers Not To Protect Enemy "Terror" Flyers From The German Populace, id. at 179, 180. 102 . Opening Statement of the Prosecution, supra note 30, at 123. 103 . Id. at 124. 104 . The Commissar Order With Distribution List, And Covering Letter By General Von Brauchitsch, Commander In Chief Of The Army, 8 June 1941, Containing Supplements To The Order, id. at 1055, 1056. [I]t is wrong to treat such elements [commissars] with clemency and consideration in accordance with international law. They are a menace to our own safety and to the rapid pacification of the conquered territories. [T]he originators of the Asiatic barbaric methods of fighting are the political commissars. They must be dealt with promptly and with the utmost severity. Id. at 1056. Commissars were identified by the fact that they displayed a red star with an inwoven gold hammer and sickle on their sleeves. The Germans refused to recognize the commissars as lawful combatants who were entitled to prisoner of war status. Suspected commissars were to be brought before officer charged with disciplinary power. After obtaining the concurrence of two other officers that the detainee was a political commissar, the officer was obliged to order the individual's summary execution. See Draft Of Commissar Order, Undated, Prepared According To Directives Of 31 March 1941, And Comment By Defendant Lehmann, 8 May 1941, Id. at 1060, 1061. The executions were to be carried out in camps located in the rear of the front line in order to avoid publicity. See Extract From Activity Report No. 2 Of Panzer Group 3, January-July 1941, Concerning Special Treatment Of Commissars, id. at 1085. 105 . Opening Statement of the Prosecution, id. at 128. 106 . Id. at 129. See Extract From Operational Order No. 8, By Heydrich, Chief Of The Security Police And SD, 17 July 1941, And Enclosures, On Segregation And Treatment Of Certain Categories In PW Camps, supra note 100, at 5-11; Letter Of 26 September 1941, From Heydrich's Office, Enclosing Letter Of Transmittal, Signed By Defendant Reinecke, And Directives For The Treatment Of Soviet Prisoners Of War, 8 September 1941, id. at 11-15. 107 . Opening Statement of the Prosecution, HIGH COMMAND MATERIALS, supra note 30, at 130. 108 . Id. Reports often listed those prisoners who were murdered as having been killed while attempting to escape. A September 14, 1941 report by one of the divisions under the command of defendant Lieutenant General Karl Von Roques recorded that, "'[n]umerous escapes of Russian prisoners of war from rail transports have been reported. Guard Battalion 703 captured 13 and shot them.'" Id. at 131. Conditions in the prisoner of war camps were harsh and severe. See Excerpt >From "Ten-Day Report," From Rear Area Army Group South (Commanded By The Defendant Von Roques) To The High Command Of The Army, 20 December 1941, Concerning PW Deaths In Transit Camps, And Remarks Of PW District Commander, 21 December 1941, On The Plan Concerning The Release Of Ukrainian Prisoners Of War, HIGH COMMAND MATERIALS II, supra note 100, at 31. A December 21, 1941 report from a prisoner of war district under Roques' command estimated that the persistence of existing mortality rates in four camps over the course of the next year would result in the death of between twenty-eight-to-eighty-seven percent of the prisoners. By 1944, nearly two of the five million prisoners in camps under the control of OKH and the OKW had died, not including those who had been summarily executed. See Opening Statement of the Prosecution, supra note 30, at 132. 109 . Opening Statement of the Prosecution, supra note 30, at 118-119. Individuals were prosecuted in the occupied territories and were not subjected to deportation where "it appears probable that death sentences are going to be passed against the offenders . . . and if the trial and the execution of the death sentence can be carried out without delay." Id. at 119. See Night And Fog" Decree Of Hitler, Signed By Keitel, 7 December 1941, Concerning Measures To Be Taken Against Persons Offering Resistance To German Occupation, supra note 100, at 196. 110 . Keitel Letter Of 12 December 1941, Transmitting The First Implementation Decree To The "Night And Fog" Decree, supra note 100, at 198. The so-called "NN" prisoners were incarcerated in death camps such as Dachau where they were starved, abused and tortured. Those acquitted as well as those who had completed their sentence were turned over to the Gestapo and frequently were subjected to additional ill-treatment and typically were summarily shot. Opening Statement of the Prosecution, supra note 30, at 120. In 1944, defendant Rudolf Lehmann, Ministerial Director in the OKW and Chief of the Legal Division, received a communique informing him that due to the large number of executions and cremations of "NN" prisoners that there were doubts whether "'the separation of the ashes of the individual dead is guaranteed.'"Id. at 121. 111 . Opening Statement of the Prosecution, supra note 30, at 134-35. The Barbarossa Order had been drafted by defendants Walter Warlimont and Rudolf Lehmann and distributed on May 15, 1941, five weeks prior to the Nazi invasion of Russia. Id. See Army High Command Draft Of Barbarossa Order, May 1941, Addressed To Army And Army Group Commanders, id. at 1124. 112 . Extracts From Activity Report NO. 2 Of Panzer Group 3, January-July 1941, Concerning Treatment Of Commissars, Partisans, ETC. id. at 1132, 1133. 113 . Opening Statement of the Prosecution, id. at 136. 114 . Covering Letter From 18th Army, 28 September 1941, Transmitting Keitel Order, 12 September 1941, Concerning Jews In The Occupied Territories, id. at 1210, 1211. 115 . Opening Statement of the Prosecution, Id. at 139-141. A typical report was filed by the 454th Security Division from Kiev in October 1941. The Jews of the city were ordered to present themselves at a certain place and time for the purpose of numerical registration and housing in a camp. About 34,000 reported, including women and children. After they had been made to give up their clothing and valuables, all were killed; this took several days. Extract From Activity Report Of 454th Security Division For Period From 1-10 October 1941, id. at 1257, 1258. An order from defendant, Lieutenant General Otto Woehler to his troops in the southern Ukraine noted that "the Jews are trying to buy clothing and canned food from the soldiers. I have ordered these creatures to be arrested. To sum up - the Jews must disappear." Extract Of Teletype From Defendant Woehler To Army Group Southern Ukraine, 31 May 1944, Concerning Treatment Of Jews, id. at 1264. 116 . Extract From Report On Partisan Activities By The Commanding General Of Security Troops And Commander Of Rear Area Army Group North, 1-15 June 1942, Concerning The Shooting Of Gypsies, id. at 1192, 1193. See also Directive >From 281st Security Division To Feldkommandatur 822, 24 March 1943, Concerning The Handing Over Of Gypsies And Jews To The SD, id. at 1194, 1195. 117 . See Extracts From XXVIII Corps Activity Report And Correspondence For Period 7-26 December 1941, Pertaining To Liquidation Of Insane At Markarevskaaja Asylum, id. at 1196-1200. Ironically, German soldiers were prohibited from taking photographs of exterminations or detailing the deaths in letters. Defendant Woehler explained that such accounts "are looked upon as undermining the decency and discipline in the armed forces . . . [and that] [i]t is beneath the dignity of a German soldier to watch such incidents out of curiosity." Copy Of Letter, 22 July 1941, From 11th Army, Signed In Draft By Defendant Woehler, Concerning Photographs And Reports Of Executions, id. at 1209. 118 . Opening Statement of the Prosecution, id. at 145. 119 . Id. at 147-149. 120 . Extracts from the Closing Statement of the Prosecution, supra note 100, at 331, 351-352. 121 . Opening Statement of the Prosecution, supra note 30, at 145-46. 122 . Id. at 146. 123 . Id. 124 . Id. at 147. 125 . Id. 126 . See infra notes 485-514 and accompanying texts. 127 . HIGH COMMAND JUDGMENT, supra note 3, at 695-96. The disposition of the defendants was as follows: Otto Schniewind acquitted; Hugo Sperrle, acquitted; Wilhelm Von Leeb, three years imprisonment; Georg Karl Friedrich-Wilhelm Von Kuechler, twenty years imprisonment; Hermann Hoth, fifteen years imprisonment; Hans Reinhardt, fifteen years imprisonment; Hans Von Salmuth, twenty years imprisonment; Karl Hollidt, five years imprisonment; Hermann Reinecke, life imprisonment; Walter Warlimont, life imprisonment; Otto Woehler, eight years imprisonment; Rudolf Lehmann, seven years imprisonment. None of the defendants was convicted of Crimes against Peace. Id. The members of the Tribunal were Judge John C. Young, formerly Chief Justice of the Supreme Court of the State of Colorado; Judge Winfield B. Hale, Judge of the Court of Appeals of the State of Tennessee; and Judge Justin W. Harding, formerly District Judge of the First Division, Territory of Alaska. HIGH COMMAND MATERIALS, supra note 30, at 8. 128 . HIGH COMMAND JUDGMENT, supra note 3, at 491. 129 . Id. at 489. 130 . Id. The Court noted that although Hitler possessed dictatorial control, that he had to depend upon others to prepare, plan and wage his aggressive wars. Somewhere between the Dictator and Supreme Commander of the Military Forces of the nation and the common soldier is the boundary between the criminal and the excusable participation in the waging of an aggressive war by an individual engaged in it. Control Council Law No. 10 does not definitely draw such a line. Id. at 486. The Tribunal held that two elements were required to constitute criminal liability for involvement in an aggressive war. First, actual knowledge that an aggressive war is intended and that if launched that it will constitute an aggressive war. In addition, the individual who possesses such knowledge must be in a position to shape or influence the policy either by furthering or by hindering or preventing the war effort. "If he . . . does the former, he becomes criminally responsible; if he does the latter to the extent of his ability, then his action shows the lack of criminal intent with respect to such policy." Id. at 488. An individual at the policy-level who acquires knowledge of the illegal nature of such conflicts following the initiation of aggression also is liable to criminal punishment. Id. at 488-89. The defendants claimed that the aggressive war charge was rendered a nullity by the fact that the Soviet Union, one of the signatories of Control Council Law No. 10, had initiated a war of aggression. However, "[u]nder general principles of law, an accused dies not exculpate himself from a crime by showing that another committed a similar crime, either before or after the alleged commission of the crime by the accused." Id. at 482. 131 . Id. at 489. 132 . See id. at 491. 133 . Id. at 491-95. 134 . Id. at 495-96. 135 . Id. at 507-08. The Court observed that an order to violate international common law is void and affords no protection to an individual who acts pursuant to such a directive. It was observed that this is consistent with the purpose of international law which is to direct the actions of the citizen or subject. Id. at 508. The Court conceded that those defendants who received criminal orders were placed in a difficult position. However, servile compliance based upon a fear of disadvantage or punishment does not constitute a justification. The defense of coercion or necessity required a "showing of circumstances such that a reasonable man would apprehend that he was in such imminent physical peril as to deprive him of freedom to choose the right and refrain from the wrong. No such situation has been shown in this case." Id. at 509. 136 . Id. at 510-11. 137 . Id. at 511. Military commanders in the field with far reaching military responsibilities cannot be charged under international law with criminal participation in issuing orders which are not obviously criminal or which they are not shown to have known to be criminal under international law . . . . He, [the field commander], has the right to presume, in the absence of specific knowledge to the contrary, that the legality of such orders has been properly determined before their issuance. He cannot he held criminally responsible for a mere error in judgment as to disputable legal questions. It is therefore considered that to find a field commander criminally responsible for the transmittal of such an order, he must have passed the order to the chain of command and the order must be one that is criminal upon its face, or one which he is shown to have known was criminal. Id. 138 . Id. at 512. 139 . Id. at 513. A chief of staff in the German Army did not possess command authority and an order affixed with his signature did not carry authority for subordinates in the chain of command. A chief of staff customarily signed directives for and by order of his commanding officer. Such orders were presumed to express the desires of the commanding officer. Id. at 514. 140 . Id. at 515. 141 . Id. 142 . Id. 143 . Id. at 520. 144 . Id. at 520-21. 145 . Id. at 525. Innocent individuals were summarily executed under the pretext that they were guerrillas who failed to comply with the requirements of the humanitarian law of war. Id. at 531. 146 . Id. at 523-24. The Commando Order also was considered "criminal on its face. It simply directed the slaughter of . . . troops." Id. at 527. The Night And Fog Decree "was another criminal order from Hitler's brain." Id. The "enforcement of this cruel and brutal order cost the lives of many innocent people and untold suffering and misery to their loved ones." Id. at 528. 147 . Id. at 538-39. 148 . Id. at 539-41. 149 . Id. at 541. 150 . Id. at 543-44. 151 . Id. at 547. 152 . Id. at 547. "[S]ome 40,000 Jewish women and children were liquidated in Riga which at that time was in the Commissariat Ostland, immediately to the rear of the Army Group North." Id. 153 . Id. at 549. 154 . Id. at 549-50. For instance, in October 1939, Wilhem von Leeb, Commander of Army Group North in the Russian campaign, wrote Commander-in-Chief von Brauchitsch that Germany's planned invasion of France likely would lead to protracted trench warfare. He also warned that Russia, the United States and the British Commonwealth might align and assist the French. Roughly three weeks later, von Leeb again wrote von Brauchitsch urging Hitler to accept the partitions of Czechoslovakia and Poland. Id. at 549-51. Von Leeb predicted that this would result in the Fuehrer being "'honored as a prince of peace, not only by the entire German people, but assuredly also by large parts of the world as well.'" Id. at 551. 155 . Id. at 551. 156 . Id. at 553. 157 . Id. We realize the feelings of professional pride, of ambition to succeed in their profession of arms, of fear for their personal safety or of reprisals against their families, their love of country, their soldiers' concept of obedience, and indeed, the ingrained respect of the German for those in authority over him, were factors in their decisions. We are aware of the tendency towards degeneration of "civilized" warfare in the modern concept of "total" war, and of the war madness that engulfs all people of belligerent powers. Id. 158 . Id. at 553-56. The evidence established that criminal orders were executed by units subordinate to von Leeb and that criminal acts were carried out by agencies within his command. But, criminal responsibility was not affixed on the theory of subordination and overall command. "He must be shown both to have had knowledge and to have been connected with such criminal acts, either by way of participation or criminal acquiescence." Id. at 555. 159 . Id. at 557-58. Von Leeb's subordinate units were the 18th Army under von Kuechler, the 16th Army under Busch and the 4th Panzer Group under Hoepner. Id. at 557. "As a practical purpose, what other action was open to him? He could not revoke this order coming as it did from his superiors, even from the head of the state. Had he undertaken to do so, this would have been a flagrant disobedience of orders . . . ." Id. 160 . Id. at 560. But see note reporting the use of prisoners to clear land mines. Id. at 558. 161 . Id. at 559. 162 . Id. at 562. 163 . Id. at 560-61. 164 . Id. at 563. 165 . Id. at 566. 166 . Id. at 567. 167 . Id. 168 . Id. at 577. 169 . Id. at 579. 170 . Id. 171 . Id. at 580. 172 . Id. at 695. 173 . Id. at 581. 174 . Id. at 582. 175 . Id. The German Military Penal Code provided that an officer was not required to carry out an order that was clearly criminal on its face and that a officer who carried out such an order was criminally liable. Id. 176 . Id. at 582. 177 . Id. at 596-97. 178 . Id. at 598. 179 . Id. at 598. 180 . Id. 181 . Id. at 599-602. 182 . Id. at 601-02. 183 . Id. at 606-07. 184 . Id. at 696. 185 . Id. at 614-15. 186 . Id. at 618-19. 187 . Id. at 619. 188 . Id. 189 . Id. 190 . Id. at 619-20. 191 . Id. at 621-22. 192 . Id. at 623. In May 1942, while in command of the 17th Army, von Salmuth distributed an order requiring the registration of all citizens with the exception of Jews, foreigner and Red Army soldiers. Those who failed or were prohibited from registering were to be executed along with those who assisted them in avoiding apprehension. Id. at 625. 193 . Id. at 623. 194 . Id. at 696. 195 . Id. at 630. 196 . Id. at 632. 197 . Id. at 634. 198 . Id. at 636. 199 . Id. at 639. 200 . Id. at 641. 201 . Id. at 644. 202 . Id. at 645. 203 . Id. at 646. 204 . Id. at 648. 205 . Id. at 696. 206 . Id. at 648. 207 . Id. at 651-54. 208 . Id. at 655-56. 209 . Id. at 657. 210 . Id. at 658. 211 . Id. at 659. 212 . Id. at 696. 213 . Id. at 662. 214 . Id. at 665. 215 . Id. at 669. 216 . Id. at 670-71. 217 . Id. at 679. 218 . Id. at 680. 219 . Id. at 683. Rudolf Lehmann was chief of the Legal Department of the OKW and was convicted of involvement in the drafting and refinement of various criminal directives, particularly the Barbarossa Jurisdiction Order: Lehmann became the main factor in determining the final form into which the criminal ideas of Hitler were put . . . he modified those ideas within his own sphere up to a certain point and placed the whole into an effective military order which was transmitted to the troops and carried out. Id. at 693. 220 . Id. at 696. 221 . EINSATZGRUPPEN MATERIALS, supra note 59, at 15-20 (1950). 222 . Id. at 21-22. 223 . Id. at 22. 224 . Id. at 36-37. On the "complete solution" to the "Jewish question" see Letter From Goering To Heydrich Concerning Solution Of Jewish Question, 31 July 1941, id. at 132-133. 225 . Opening Statement Of The Prosecution, id. at 30, 36. Einsatzgruppe A operated in Latvia, Lithuania and Estonia; Eninsatzgruppe B functioned adjacent to Einsatzgruppe A and its operations extended to Moscow; Einsatzgruppe C was stationed in Ukraine; and Einsatzgruppe D was responsible for portions of the Ukraine, the Crimean Peninsula and the Caucasus. See Affidavit Of Otto Ohlendorf, 24 April 1947, Concerning The Organization Of The Einsatzgruppen, id. at 92-93. 226 . Opening Statement For The Prosecution, id. at 34. "We Germans who are the only people in the world who have a decent attitude towards animals will also assume a decent attitude towards these human animals." Id. 227 . Id. Frank wrote in his diary that "'I cannot eliminate all lice and Jews in only a year's time.'" Id. at 35. 228 . Id. at 38-39. The Einsatzgruppen also were assigned to exterminate suspected Bolsheviks who were detained in prisoner-of-war camps. See Extract >From Operational Order NO. 8, 17 July 1941, id. at 123. Those who were killed were executed by firing squads. This method of killing later was replaced by enclosed trucks in which the victims were asphyxiated through the use of lethal gases. Opening Statement Of The Prosecution, Id. at 40-41. Some Jews were killed during pogroms organized by the Germans. See Extracts From Report Of Einsatzgruppe A Covering The period From 23 June 1941 to 15 October 1941, id. at 154, 155-156. [T]he four Einsatzgruppen averaged some 1,350 murders per day during a 2-year period; 1,350 human beings slaughtered on the average day, 7 days a week for more than 100 weeks. That is 337 murders per average day by each group of 500 to 800 men during a 2-year period . . . . They had to be counted, stripped of possessions, shot, and buried . . . . [A]ll of the pitiful possessions taken from the dead had to be salvaged, crated, and shipped to the Reich . . . . Details of all these things had to be recorded and reported. Opening Statement Of The Prosecution, id. at 39. 229 . Opening Statement Of The Prosecution, id. at 45. 230 . See Affidavit Of Otto Ohlendorf, 5 November 1945, Concerning The Extermination Program Of The Einsatzgruppen, id. at 205, 206. 231 . Affidavit Of Walter Blume, 29 June 1947, id. at 139, 140. 232 . Opening Statement Of The Prosecution, id. at 45. 233 . Id. 234 . Affidavit Of Hein Hermann Schubert, 24 February 1947, Concerning The Extermination Of Jews In Russia, id. at 207-08. 235 . Extracts From The Testimony Of Defendant Ohlendorf, id. at 355, 356. 236 . Extracts From Report Of Einsatzgruppe A Covering The Period From 23 June 1941 to 15 October 1941, id. at 154, 161. 237 . Id. at 162. 238 . Secret Memorandum From Kube, General Commissioner Of White Ruthenia, To Gauleiter Lohse, Reich Commissioner Of Ostland, 31 July 1942, Concerning Actions Against Partisans And Liquidation Of Jews In White Ruthenia, id. at 191, 193. 239 . Id. 240 . Extract From Draft Of Memorandum By Einsatzgruppe A, Concerning Liquidation Of Jews, id. at 197. 241 . See Closing Statement Of The Prosecution, 13 February 1948, By Brigadier General Telford Taylor, id. at 369, 377, 381-382. 242 . Opening Statement Of The Prosecution, id. at 42. 243 . EINSATZGRUPPEN JUDGMENT, supra note 3, at 587-89. Defendant Emil Haussmann committed suicide; and defendant Otto Rasch was severed due to Parkinsonism. Id. at 411. The three members of the judicial tribunal were Michael A. Musmanno, Presiding Judge, United States Naval Reserve on Military leave from Court of Common Plea, County of Allegheny, Pennsylvania; John J. Speight, Member of Alabama Bar; and Richard D. Dixon, Judge of Superior Court of North Carolina. EINSATZGRUPPEN MATERIALS, supra note 59, at 6. 244 . EINSATZGRUPPEN JUDGMENT, supra note 3, at 412. 245 . Id. 246 . Id. The International Military Tribunal at Nuremberg estimated that the Einsatzgruppen were responsible for the killing of two million. Id. 247 . Id. at 415. Those to be summarily executed included "Jews, gypsies, insane people, Asiatic inferiors, Communist functions, and asocials." Id. at 416. The Krimchaks were a Turkish speaking minority in Crimea which had migrated from the southern Mediterranean. The Germans determined that they had "Jewish blood" and were to be systematically executed. Id. at 415. These exterminations extended to prisoners of war who were confined in concentration camps. Id. at 441-42. 248 . Id. at 417. 249 . Id. at 419. 250 . Id. 251 . Id. at 419-20. 252 . Id. at 432. 253 . Id. 254 . Id. at 491. 255 . Id. at 439. Despite the brutality of their acts, the defendants were not "untutored aborigines incapable of appreciation of the finer values of life and living." Eight were lawyers and among the others were a dentist, university professor, art expert, opera singer and a former minister. Id. at 500. Numerous witnesses testified as to the defendants' virtue, sensitivity and concern for others. Id. at 501. 256 . Id. at 440. 257 . Id. at 459 (emphasis omitted). "Control Council Law No. 10 is but the codification and systemization of already existing legal principles, rules, and customs." Id. at 458. Thus, "Control Council Law No. 10 is not only in conformity with international law but is in itself a highly significant contribution to written international law." Id. at 460. 258 . Id. at 460. The Tribunal rejected the argument that Russia had ratified Germany's aggression against Poland and thus should be prohibited from assuming the status of a prosecuting power under Control Council Law No. 10. The Tribunal cited the conclusion of the International Military Tribunal at Nuremberg that Germany alone was responsible for precipitating the war in Europe and for committing countless crimes. The onset of the Cold War following the termination of World War II, in the view of the Tribunal, also did not disqualify Russia from serving as a Signatory Power. At any rate, the Tribunal noted that it was concerned with the liability of individuals rather than States. Id. at 456-58. 259 . Id. at 460. 260 . Id. at 461-62. 261 . Id. at 462. 262 . Id. at 462-63. 263 . Id. at 463. The Tribunal offered a hypothetical scenario in which a citizen of Abyssinia travelled to Norway and killed a Norwegian whom he believed posed a threat to his country. If it later was revealed that the Abyssinian killed the wrong person, under the defendants' theory, he would be able to claim exoneration based upon his good faith error. Id. "The fact that this astounding proposition is advanced in all seriousness demonstrates how desperate is the need for a further revaluation of the sacredness of life and for emphasizing the difference between patriotism and murder." Id. 264 . Id. at 464. 265 . Id. at 467. 266 . Id. 267 . Id. The annihilation of the Jews had nothing to do with the defense of Germany, the genocide program was in no way connected with the protection of the Vaterland, it was entirely foreign to the military issue. Thus, taking into consideration all that has been said in this particular phase of the defense, the Tribunal concludes that the argument that the Jews in themselves constituted an aggressive menace to Germany, a menace which called for their liquidation in self-defense, is untenable as being opposed to all facts, all logic and all law. Id. at 469-470. 268 . Id. at 470-71. The obedience of a soldier is not the obedience of an automaton. A soldier is a reasoning agent. He does not respond, and is not expected to respond like a piece of machinery. It is a fallacy of wide-spread consumption that a soldier is required to do everything his superior officer orders him to do . . . . Even if the order refers to a military subject it must be one which the superior is authorized, under the circumstances to give. If every military person were required, regardless of the nature of the command, to obey unconditionally, a sergeant could order the corporal to shoot the lieutenant, the lieutenant could order the sergeant to the shoot the captain, the captain could order the lieutenant to shoot the colonel, and in each instance the executioner would be absolved of blame. The mere statement of such a proposition is its own commentary . . . . Id. at 470. 269 . Id. at 480-81. 270 . Id. at 480. 271 . Id. at 480. No court will punish a man who, with a loaded pistol at his head, is compelled to pull a lethal lever. Nor need the peril be that imminent in order to escape punishment. But were any of the defendants coerced into killing Jews under the threat of being killed themselves if they failed in their homicidal mission? Id. 272 . Id. at 471. 273 . Id. at 480. 274 . Id. at 481-82. 275 . Id. at 482. 276 . Id. at 485. No soldier would be disgraced in asking to be excluded from so one-sided a battle. No soldier could be accused of cowardice in seeking relief from a duty which was, after all, not a soldier's duty. No soldier or officer attempting escape from such a task would be pleading avoidance of a military obligation. He would simply be requesting not to be made an assassin. And if the leaders of the Einsatzgruppen had all indicated their unwillingness to play the assassin's part, this black page in German history would not have been written. Id. at 484-485. 277 . Id. at 475. 278 . Id. at 476. 279 . Id. at 506-09. 280 . Id. at 507. 281 . Id. at 510. 282 . Id. at 511. 283 . Id. at 514. 284 . Id. 285 . Id. at 515. 286 . Id. at 517. 287 . Id. at 518. 288 . Id. 289 . Id. at 517. 290 . Id. at 542-44. 291 . Id. at 547, 549. 292 . Id. at 518. 293 . Id. at 519. 294 . Id. at 529. 295 . Id. at 532. 296 . Id. 297 . HOSTAGE JUDGMENT, supra note 3, at 764-77. The individuals indicted were Wilhelm List, Maximlian von Weichs, Lothar Rendulic, Walter Kuntze, Hermann Foertsch, Franz Boehme, Helmuth Felmy, Hubert Lanz, Ernst Dehner, Ernst von Leyser, Wilhelm Speidel and Kurt von Geitner. Id. at 776-77. 298 . Id. at 765-69. 299 . Id. at 769-72. 300 . Id. at 772-74. 301 . Id. at 774-76. 302 . Extracts from Opening Statement of the Prosecution, HOSTAGE MATERIALS, supra note 59, at 785, 797. The clergy, intellectuals and members of the landed gentry were singled out for these retaliatory killings. Id. at 798. 303 . Id. at 798. Unable to apprehend the persons involved in these attacks, the Nazis characteristically slaughter fifty or a hundred innocent persons. Those who would 'collaborate' with Hitler or try to appease him cannot ignore this ghastly warning. The Nazis might have learned from the last war the impossibility of breaking men's spirit by terrorism. Instead, they develop their 'Lebensraum' and 'new order' by depths of frightfulness which even they have never approached before. These are the acts of desperate men who know in their hearts that they cannot win. Frightfulness can never bring peace to Europe. It only sows the seeds of hatred which will one day bring fearful retribution. Id. at 798-99. 304 . Id. at 799. 305 . Id. at 800. 306 . Id. 307 . Id. 308 . Id. 309 . Id. at 801. 310 . Id. 311 . See Hitler Order, 16 September 1941, Charging Defendants List And Boehme With The Task Of Suppressing The Insurgent Movement In Southeastern Area, id. at 969. 312 . Extracts from Opening Statement of the Prosecution, Id. at 803. 313 . Keitel Order, 16 September 1941, Concerning Suppression Of insurgents In Occupied Territories," id. at 971, 972 (emphasis omitted). 314 . Id. at 972. 315 . Keitel Order Concerning Taking Of Hostages, 28 September 1941, And Letter Of Transmittal Signed By Defendant Foertsch, 4 October 1941, id. at 973. 316 . Order Of Commanding General Serbia, Boehme, 10 October 1941, Directing The Shooting Of 50 And 100 Prisoners Or Hostages For Each German, Or Ethnic German, Soldier Wounded or Killed, id. at 977. 317 . Id. at 977-78. A directive was distributed to the German population: 1. Anyone who supports the insurgents or their accomplices, by means of arms and ammunition, by erecting road blocks, by destroying bridges, by transmitting information, by giving food, by providing transportation, or by any other manner, will be shot. 2. Anyone who carries fire arms, pointed weapons, hand grenades, or other weapons, will be shot. 3. Anyone who conceals arms and ammunition will be shot. 4. The communities - in whose areas arms and ammunition are found, in whose areas road blocks or destroyed bridges are found, without being prevented or immediately averted by you, in whose area other hostile acts occur - will be severely punished by the burning down of houses and shooting of inhabitants. For every killed German soldier, 100 inhabitants will be shot. . . . Beware of heavy penalties! Keep peace! German Proclamation To Serbian Population, October 1941, Announcing The 100: 1 Reprisal Ratio, id. at 979-80. 318 . Order Of Commanding General In Serbia, 4 October 1941, Declaring that 2,100 Concentration Camp Inmates Be Shot For The Killing Of 21 German Soldiers, id. at 976. See also Extracts from Opening Statement of the Prosecution, id. at 805. 319 . Extract From Situation Report U.S.S.R. NO.37, 29 July 1941, Concerning Reprisal Action Against Jews In Belgrade, Id. at 938. 320 . Extracts from Opening Statement of the Prosecution, Id. at 807, 810. 321 . Id. at 809. 322 . Order Of General Boehme, 2 November 1941, Concerning Suppression Of Serbian Resistance, id. at 993, 994. 323 . Draft Of Teletype From Armed Forces Commander Southeast To Commanding General Serbia, 6 February 1942, Requesting Reports On All Reprisal Measure, id. at 999, 1000. ----- Aloha, He'Ping, Om, Shalom, Salaam. Em Hotep, Peace Be, All My Relations. Omnia Bona Bonis, Adieu, Adios, Aloha. Amen. Roads End <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance�not soap-boxing�please! These are sordid matters and 'conspiracy theory'�with its many half-truths, mis- directions and outright frauds�is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. 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