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Timeline 2nd Edition Stephen Tonge Digital Instant
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Author(s): Stephen Tonge, Grainne Henry, Tim Nyhan, Maire de Buitleir
ISBN(s): 9781845366117, 1845366115
Edition: 2
File Details: PDF, 17.19 MB
Year: 2014
Language: english
Exploring the Variety of Random
Documents with Different Content
SIXTY-FIFTH DAY
Friday, 22 February 1946
Morning Session
MARSHAL: May it please the Court: The Defendant Fritzsche will
be absent until further notice on account of illness.
MR. COUNSELLOR RAGINSKY: May it please Your Honors, may I
begin the submission of evidence to prove the charge that the
defendants are guilty of the destruction of towns and villages and of
the perpetration of other kinds of destruction. This charge is laid
down in Section C of Count Three of the Indictment.
We shall present evidence proving that the destruction of cities
and towns was brought about neither by the hazards of war nor by
military expediencies. We shall submit evidence that this deliberate
destruction was carried out in accordance with the thoroughly
elaborated plans of the Hitlerite Government and orders of the
German military command; that the destruction of towns and cities,
of industry and transportation was an integral part of the conspiracy
which aimed at enslaving the peoples of Europe and other countries,
and establishing a world hegemony of Hitlerite Germany.
Wherever the German fascist invaders appeared, they brought
death and destruction. In the flames of the fires were lost the most
valuable machines devised by the genius of mankind; factories and
dwellings giving work and shelter to millions were blown up. People
themselves perished, especially old men, women, and children, left
without a roof over their heads or any means of existence.
With particular ruthlessness the Hitlerites annihilated and
destroyed the towns and cities in the territories of the Soviet Union
which they temporarily occupied, where, acting on direct orders of
the German High Command, they created a desert zone.
As proof, I read into the record an excerpt from the document
which had been submitted to the Tribunal as Exhibit Number USSR-
51(2) (Document Number USSR-51(2)). This excerpt the Members of
the Tribunal will find on Page 3 of the document book. I quote:
“An order recently seized near the town of Verkhovye, Orel
region, issued to the 512th German Infantry Regiment and
signed by Colonel Schittnig, stated with unparalleled
brazenness:
“ ‘A zone which, in view of the circumstances, is to be
evacuated, upon withdrawal of the troops should present a
desert zone. In order to carry out a complete destruction,
all the houses shall be burned. To this end they should first
be filled with straw, particularly stone houses. Structures of
stone are to be blown up, particularly cellars. Measures for
the creation of desert zones . . . are to be prepared
beforehand and carried out ruthlessly and in their entirety.’ ”
So runs the order to the 512th German Infantry Regiment.
“In razing our towns and villages, the German command
demands of its troops that a desert zone be created in all
Soviet localities from which the invaders are successfully
expelled by the Red Army.”
This order to the 512th Regiment, which is mentioned in the
document I just quoted, is submitted as Exhibit Number USSR-168
(Document Number USSR-168).
THE PRESIDENT: Do you know the date of it?
MR. COUNSELLOR RAGINSKY: The date of this order is 10
December 1941. From this document it is clear that the German
military command underwrote a ruthless and complete destruction of
inhabited localities and that this destruction was planned and
prepared in advance.
A large number of documents and facts concerning this question
are in the possession of the Soviet Prosecution. I shall limit myself to
reading into the record an excerpt from the verdict of the regional
military court in the case of the German war criminals Lieutenant
General Bernhardt and Major General Hamann. I submit this verdict
to the Tribunal as Exhibit Number USSR-90 (Document Number
USSR-90).
The military court established that the generals, Bernhardt and
Hamann, had acted in accordance with the common plans and
directives of the High Command of the German Army and that they
—I quote a short excerpt from the verdict which Your Honors will
find on Pages 24 and 25 of the document book:
“. . . had carried out a planned destruction of towns and
inhabited localities, determined in advance, along with the
destruction of industrial buildings, hospitals, sanatoria,
educational institutions, museums, and other cultural
educational institutions, as well as dwellings. The latter
were blown up without any previous warning to the Soviet
citizens living in them, with the result that people as well
perished.”
As in the case of the destruction of inhabited localities, plants,
and factories, power-stations and mines were also destroyed with
premeditation.
For confirmation I shall draw the attention of the Tribunal to the
report of the Extraordinary State Commission of the Soviet Union
which was submitted to the Tribunal as Exhibit Number USSR-2
(Document Number USSR-2). This document is on Page 28 of the
document book.
In this report is quoted the secret directive of the leader of the
department of economics (Wirtschaftsoffizier) of Army Group South
of 2 September 1943, under Number 1/313/43, which ordered army
leaders and leaders of the economics detachments to carry out a
thorough annihilation of industrial institutions, emphasizing
particularly that “. . . the destruction must be carried out not at the
last moment when the troops may be engaged in combat or in
retreat, but ahead of time.”
The note by V. M. Molotov, the People’s Commissar for Foreign
Affairs of the U.S.S.R. of 27 April 1942, deals with the orders of the
German Supreme Command and with the manner in which these
orders were executed. This note was submitted to the Tribunal as
Exhibit Number USSR-51(3) (Document Number USSR-51(3)).
I shall now quote several excerpts from Part II of the note just
mentioned, which is entitled, “The Devastation of Cities and Towns,”
excerpts which were not read into the record before. These excerpts
will be found on Pages 6, the reverse side, and 7 of the document
book which is in the hands of the Tribunal. I read:
“By direct order of its High Command the German fascist
Army has subjected Soviet towns and villages to
unparalleled devastation upon seizure and in the course of
the army’s occupation.”
I omit the end of Page 4 and the beginning of Page 5 of my
report.
THE PRESIDENT: I do not think you ought to omit the first four
lines of Page 5.
MR. COUNSELLOR RAGINSKY: I omitted it inasmuch as I read
this document into the record yesterday, but if the Tribunal wishes—I
shall gladly do it.
THE PRESIDENT: If you read it yesterday, do not read it again. I
do not remember. Was it read yesterday?
MR. COUNSELLOR RAGINSKY: Yes, I read this into the record
yesterday.
THE PRESIDENT: Very well.
I am told that—and I think—that you did not read those lines
“from 10 October 1941” at the top of Page 5. I think you had better
read them. I am referring to the order of 10 October 1941, which is
set out in your exposé.
MR. COUNSELLOR RAGINSKY: This is the excerpt from the order
given to the 6th German Army, on 10 October 1941, signed by Von
Reichenau. This document is presented to the Tribunal as Exhibit
Number USSR-12 (Document Number USSR-12). I quote:
“The troops have an interest in extinguishing fires only
inasmuch as military quarters have to be conserved.
Otherwise the disappearance . . . also of buildings, is within
the limits of the fight of extermination.
“At the end of 1941 and the beginning of 1942 the German
command issued a number of orders instructing German
army units to destroy, in the course of their retreat under
the pressure of the Red Army, everything that had
remained unscathed during the occupation. Thousands of
villages and hamlets, whole city blocks, and even entire
cities are reduced to ashes, blown up, or razed to the
ground by the retreating German fascist army. The
organized destruction of Soviet towns and villages has
become a special branch of the criminal activity of the
German invaders on Soviet territory; special instructions
and detailed orders of the German command are devoted
to methods of devastating Soviet populated centers; special
detachments, trained in this criminal profession, are set up
for this purpose. Here are some of the many facts which
are at the disposal of the Soviet Government:”
Once again I refer to the order addressed to the 512th Infantry
Regiment already presented to the Tribunal as Exhibit Number USSR-
168 (Document Number USSR-168).
“This order . . . is an exposition, consisting of seven typed
pages of the most precisely detailed plan for the methodical
destruction of village after village, from 10 December to 14
December inclusive, in the regiment’s area. This order,
which follows a model used throughout the German Army,
states:
“ ‘Preparations for the destruction of populated centers
must be carried out in such a way that:
“ ‘(a) No suspicions whatever be aroused among the civilian
population prior to its announcement;
“ ‘(b) The destruction should begin and be carried out in a
single blow at the appointed time. On the day in question
particularly strict watch must be kept to see that no
civilians leave this place, especially after the destruction has
been announced.’
“An order of the commander of the 98th German Infantry
Division, dated 24 December 1941, after listing 16 Soviet
villages designated to be burned down, states:
“ ‘Available stocks of hay, straw, foodstuffs, et cetera, are to
be burned. All the stoves in dwelling houses are to be
wrecked by placing hand grenades in them, thus making
further use of them impossible. This order under no
circumstances is to fall into the hands of the enemy.’ ”
The following order of 3 January 1942, issued by Hitler, is of the
same nature. The order states:
“ ‘Cling to every populated center; do not retreat a single
step; defend yourself to the last soldier, to the last grenade.
That is the requirement of the present moment. Every point
occupied by us must be turned into a base, which must not
be surrendered under any circumstances, even if outflanked
by the enemy. If, however, the given point must be
abandoned on superior orders, it is imperative that
everything be razed to the ground, the stoves blown
up. . . .
“ ‘(Signed): Adolf Hitler.’
“Hitler felt no embarrassment about publicly admitting that
the devastation of Soviet towns and villages was carried out
by his Army. In his speech. . .”
THE PRESIDENT: That order of 3 January 1942, signed by Hitler,
is that in the official Soviet State report? Where did it come from?
MR. COUNSELLOR RAGINSKY: This order is incorporated in the
note of People’s Commissar for Foreign Affairs Molotov. I quote an
excerpt from it, a document which was presented to the Tribunal as
Exhibit Number USSR-51(3).
THE PRESIDENT: That is Mr. Molotov’s report?
MR. COUNSELLOR RAGINSKY: Yes, this is a note of the Foreign
Commissar, Molotov.
THE PRESIDENT: All right.
MR. COUNSELLOR RAGINSKY: “. . . In his speech of 30
January 1942, Hitler stated:
“ ‘In those places where the Russians have succeeded in
making a break-through and where they thought that they
would once again be in possession of populated centers,
these populated centers no longer exist; they are but a
heap of ruins.’ ”
While retreating from the Kuban under the thrust of the Red
Army, the German High Command worked out a detailed plan of
operations which bore the code name of “Movement Krimhild,” and a
considerable part of this plan, a whole section, in fact, is devoted to
the demolition plan. I omit one paragraph of my report.
This plan is mentioned in a two-page secret document
transmitted by telegraph to the chiefs of the higher staffs. The
document is signed by Hitler and has the following heading on the
first page: “Top secret (A) 2371; 17 copies.” The document which we
submit to the Tribunal as Exhibit Number USSR-115 is the 17th copy
of the Hitler order. This document is listed as Document Number C-
177; in your document book it is contained on Pages 31 to 33. I
shall read into the record the second point of this document:
“2. Demolitions in case of retreat.
“(a) All structures, quartering facilities, roads,
constructions, dams, et cetera, which may be useful to the
adversary have to be thoroughly destroyed.
“(b) All railroads and field railways are to be either removed
or completely destroyed.
“(c) All constructed corduroy roads must be torn up and
rendered useless.
“(d) All oil wells in the Kuban bridgehead must be entirely
destroyed.
“(e) The harbor of Novorossiysk will be so demolished and
obstructed as to render it useless to the Russian fleet for a
long time.
“(f) Extensive sowing of mines, delayed-action mines, et
cetera, also come under the heading of destruction.
“(g) The enemy must take over a completely useless,
uninhabitable desert land where mine detonation will occur
for months hence.”
Many other documents bear witness of similar orders, but I want
to draw the attention of the Tribunal to just two of them. I refer to
an entry in the diary of the Defendant Frank which dealt with this
subject in particular, as well as a directive issued by the commanding
general of 118th German Jäger Division which operated in
Yugoslavia.
In Frank’s diary, which has already been submitted to the
Tribunal, there is the following entry for 17 April 1944, contained in
the volume which was started on 1 March 1944 and ended on 31
May 1944, entitled, “The Business Meeting at Kraków on 12 April
1944.” Your Honors will find the quotation on Page 45 of the
document book. I read:
“It is important that the troops be given an order to leave
only scorched earth to the Russians. In cases when it
becomes necessary to withdraw from a certain area, no
distinction should be made between the territory of the
Government General and any other territory.”
May I remind the Tribunal that according to Exhibit Number
USSR-132 (Document Number USSR-132), which is a secret
instruction issued to the 118th German Jäger Division with the
signature of Major General Kübler and was captured in June 1944 by
units of the Yugoslav People’s Liberation Army, the troops were to
treat the population “ruthlessly with cruel firmness” and to destroy
the inhabited localities which were abandoned.
May it please Your Honors, in concluding this part of my report I
deem it necessary to draw your attention to another circumstance.
The destruction of peaceful towns and villages was not only planned,
not only carried out deliberately and with exceptional ruthlessness,
but was executed by special detachments created by the German
High Command for that very purpose. By way of evidence I shall
quote several excerpts not yet read into the record from official
Soviet Government documents.
In the note of 27 April 1942 is stated—I quote an excerpt which
is on Page 9 of your document book:
“The special detachments set up by the German Command
for the purpose of setting fire to Soviet populated centers
and for the mass extermination of the civilian population
during the retreat of the Hitlerite Army, are perpetrating
their sanguinary deeds with the cold-bloodedness of
professional criminals. Thus, for instance before their
retreat from the village of Bolshekrepinskaya, Rostov
region, the Germans sent down the streets of the village
special flame-throwing machines which burned 1,167
buildings, one after the other. The large, flourishing village
was turned into flaming bonfires which consumed the
dwellings, the hospital, the school, and various other public
buildings. At the same time machine gunners, without any
warning, shot at inhabitants who approached their burning
houses; some of the residents were bound, sprayed with
gasoline and thrown into the burning buildings.”
I omit part of Page 9 of my report and pass on to the next, to the
last paragraph on that page of my report. The report of the
Extraordinary State Commission of the Soviet Union which was
presented to the Tribunal as Exhibit Number USSR-46 (Document
Number USSR-46) states:
“In their insane fury against the Soviet people, which was
caused by defeats suffered at the front, the commanding
general of the 2d German Panzer Army, General Schmidt,
and the commander of the Orel administrative region and
military commander of that city, Major General Hamann,
had created special demolition commandos for the
destruction of towns, villages, and collective farms of the
Orel region. These commandos, plunderers, and arsonists
destroyed everything in the path of their retreat. They
destroyed cultural monuments and works of art of the
Russian people, burned down cities, towns, and villages.”
In the document submitted to the Tribunal as Exhibit Number
USSR-279 (Document Number USSR-279), the following facts are
described—I read:
“In Viazma and Gjatsk, the commanding generals—Major
General Merker of the 35th Infantry Division, Major General
Schäfer of the 252d Infantry Division, and Major General
Roppert of the 7th Infantry Division—organized special
incendiary and demolition commandos to set on fire and
blow up dwellings, schools, theaters, clubs, museums,
libraries, hospitals, churches, stores, and industrial plants,
so that only ashes and ruins would be left in the wake of
their retreat.”
In the document which is presented to the Tribunal as Exhibit
Number USSR-2 (Document Number USSR-2) there are several
depositions of German prisoners of war. I shall quote one of these
depositions. I read at the end of the page:
“Herman Verholtz, a private first class, from the 597th
Infantry Regiment of the 306th Division of the German
Army, deposes as follows:
“ ‘As a member of a demolition squad I took part in setting
fire to and blowing up government buildings and dwellings
on First Line, the main street of Stalino. My job was to
place the explosives, which I then ignited and thus blew up
the buildings. Altogether I participated in the demolition of
five large houses and in the burning of several others.’ ”
Your Honors, one could go on with the same kind of quotations. I
repeat that scores of them are contained in the documents and
depositions which we presented to the Tribunal, but I consider that
there is no necessity to do that. What has already been read into the
record permits us to conclude that the premeditated and deliberate
devastations which were carried out by the Hitlerites in the occupied
territories were really a system and not individual acts, and that
those devastations were not perpetrated only at the hand of
individual officers and soldiers of the German Army, but that these
devastations were carried out on the orders of the German Supreme
Command. Therefore, I omit Page 11 of my report, and I begin with
Page 12.
In the criminal plans of the fascist conspirators, the devastation
of the capitals of the Soviet Union, Yugoslavia, and Poland occupied
a particular place. Among these plans the destruction of Moscow and
Leningrad received special attention.
Intoxicated by the first military successes, the Hitlerites
elaborated insane plans for the destruction of the greatest cultural
and industrial centers dear to the Soviet people. For this purpose
they prepared special task forces. They even hurried to advertise
their “decision” to refuse the capitulation of the cities which never
even took place.
It is necessary to note that such expressions as “raze to the
ground” or “wipe from the face of the earth” were used quite
frequently by the Hitlerite conspirators. These were not only threats
but criminal acts as well. As we shall see from the subsequent
presentation, in some places they did succeed in razing flourishing
towns and villages to the ground.
I omit one paragraph of my report.
I shall now present two documents which reveal the intentions of
the Hitlerite conspirators.
The first document is a secret directive of the naval staff,
numbered I-a 1601/41, dated 22 September 1941. It is entitled,
“The Future of the City of Petersburg.” (Document Number C-124,
Exhibit Number USSR-113). Therefore, as we are in possession of
the original of this document, which was distributed in several
copies, I believe that it does not have to be read into the record.
With your permission, Mr. President, I shall remind the Tribunal of
the contents of this directive. In this directive it is stated, “The
Führer has decided to wipe the city of Petersburg from the face of
the earth,” that it is planned to blockade the city securely, to subject
it to artillery bombardment of all calibers, and by means of constant
bombing from the air to raze Leningrad to the ground. It is also
decreed in the order that should there be a request for capitulation,
such request should be turned down by the Germans. Finally, it is
stated in this document that this directive emanates not only from
the naval staff, but also from the OKW.
I omit Page 13 of my report and begin with the last paragraph of
the page.
The second document, bearing the number Document C-123,
presented to the Court as Exhibit Number USSR-114, is also a top
secret order of the Supreme Command of the Armed Forces, dated 7
October 1941, Number 44/1675/41, and signed by the Defendant
Jodl. This document, Your Honors, is to be found on Pages 69 and
70 in the document book. I read into the record the text of this
document, or rather a few excerpts from this letter on Page 14 of my
presentation. I read the first paragraph of the letter:
“The Führer has again decided that a capitulation of
Leningrad or, later, of Moscow is not to be accepted even if
it is offered by the enemy.”
And further the last but one paragraph of this page:
“Therefore, no German soldier is to enter these cities. By
our fire we must force all who try to leave the city through
our lines to turn back. The exodus of the population
through the smaller, unguarded gaps toward the interior of
Russia is only to be welcomed. Before the cities are taken,
they are to be weakened by artillery fire and air attacks,
and their population should be caused to flee.
“We cannot take the responsibility of endangering our
soldiers’ lives in order to save Russian cities from fire, nor
that of feeding the population of these cities at the expense
of the German homeland. . . .
“All commanding officers shall be informed of this will of the
Führer.”
The Hitlerite conspirators began to put their criminal ideas about
the destruction of Leningrad into effect with unprecedented ferocity.
In the report of the Leningrad city commission for the investigation
of the atrocities of the German fascist invaders, the monstrous
crimes of the Hitlerites are described in detail.
This document had been presented to the Court as Exhibit
Number USSR-85. I shall read into the record only a general
summary of the data presented on Page 1 of the report, which is on
Page 71 of the document book. I read:
“As a result of the barbarous activities of the German fascist
invaders in Leningrad and its suburbs, 8,961 household and
annexed buildings, sheds, baths, et cetera, with a total
volume of 5,192,427 cubic meters were completely
destroyed, and 5,869 buildings with a total volume of
14,308,288 cubic meters were partially destroyed.
Completely destroyed were 20,627 dwellings, with a total
volume of 25,429,780 cubic meters, and 8,788 buildings,
with a total volume of 10,081,035 cubic meters were
partially demolished. Six buildings dedicated to religious
cults were completely, and 66 such buildings partially,
destroyed. The Hitlerites destroyed, ruined, and damaged
various kinds of institutions valued at more than 718 million
rubles, as well as more than 1,043 million rubles’ worth of
industrial equipment and agricultural machinery and
implements.”
This document establishes that the Hitlerites bombed and
shelled, methodically and according to plan, day and night, streets,
dwelling houses, theaters, museums, hospitals, kindergartens,
military hospitals, schools, institutes, and streetcars, and ruined
most valuable monuments of culture and art. Many thousands of
bombs and shells hammered the historical buildings of Leningrad,
and at its quays, gardens, and parks.
I omit the end of Page 16.
In conclusion, I shall permit myself to quote one of the many
German depositions which are quoted in the document, namely
paragraph 4 on Page 14. Your Honors will find this deposition I am
quoting on Page 84 of the document book. I quote:
“Sergeant Fritz Köpke, commanding Number 2 gun of the
2d battery of the 2d Detachment of the 910th Artillery
Regiment stated:
“ ‘For the bombardment of Leningrad, there was in the
batteries a special stock of munitions supplied over and
above the limit to an unlimited amount. . . .
“ ‘All the gun crews know that the bombardments of
Leningrad were aimed at ruining the town and annihilating
its civilian population. They therefore regarded with irony
the bulletins of the German Supreme Command which
spoke of shelling the “military objectives” of Leningrad.’ ”
The Hitlerite conspirators aimed at the complete destruction of
the Yugoslav capital, Belgrade.
I remind you of Document Number 1746-PS, presented to the
Tribunal on 7 December 1945; it is an order by Hitler, dated 27
March 1941, dealing with the attack on Yugoslavia. It is known that
this order, entitled “Instruction Number 25,” gives in detail the
military strategy for the attack and, besides, decrees that all the
Yugoslav Air Force ground installations and the city of Belgrade shall
be destroyed by means of continuous day and night air raids.
I omit the first paragraph of Page 18 of my report, inasmuch as
the facts which are mentioned in this paragraph have been read into
the record on 11 February. I shall read a few excerpts from Pages 22
and 23 of the official report of the Yugoslav Government. This
corresponds to Pages 111 and 112 in your document book. I read:
“The planned and systematic execution of these crimes,
based on the orders of the Government of the Reich and of
the OKW, is confirmed by the fact that the destruction of
inhabited localities and of the population did not cease even
at the time of the retreat of the German troops from
Yugoslavia.
“Typical for thousands of such cases is the destruction of
Belgrade and extermination of its citizens in October 1944.
“The fights for the liberation of Belgrade lasted from 15 to
20 October 1944. Even before the fighting started, the
Germans prepared a plan for the systematic destruction of
the city. They sent into the city a large number of specially
trained units whose duties consisted of mining houses and
killing the population. Though, because of the swift
advance of the Red Army and of the Yugoslav National
Liberation Forces, they failed to carry out their task as
ordered by the German commanders, they succeeded in
destroying a large number of houses in the southern part of
the city and in killing a considerable number of its
inhabitants.
“To a still greater extent, this happened in the northern part
of the city, on the Rivers Sava and Danube. The Germans
went from house to house, herded the inhabitants,
unclothed and unshod, into the streets, sprayed
inflammable chemical explosives into every apartment, and
set fire to all the buildings. If a house happened to be
made of a very solid material, they mined it. They fired at
the inhabitants, killing defenseless people; in several large
houses the inhabitants were locked in, and were destroyed
by fire and by mine explosions. The entire damage thus
caused in the city of Belgrade totals the sum of
1,127,129,069 dinars at prewar value.”
Thus, the destruction of Belgrade was prescribed by Hitler’s order
of 27 March 1941 and was carried out on direct orders of the
Defendant Göring; in October 1944 it was carried out by the same
methods as those employed by the Hitlerites in the occupied
territories of the U.S.S.R.
I shall now present evidence of the intentional and unexampled
destruction by the Hitlerites of the capital of the Polish nation,
Warsaw.
I shall quote three documents which reveal the criminal
intentions of the fascist conspirators to raze this city. As the first
document, Exhibit Number USSR-128 (Document Number USSR-
128), I present to the Tribunal a telegram Number 13265, addressed
to the Defendant Frank, and signed by the Governor of the Warsaw
District, Dr. Fischer. This document can be found on Page 148 of the
document book. I read into the record the text of this telegram:
“To the Governor General and Reich Minister, Dr. Frank, at
Kraków.
“Warsaw, Number 13265; 11. X. 44; 10.40, HE.
“Subject: New Policy with Regard to Poland.
“As a result of the visit of SS Obergruppenführer Von dem
Bach to the Reichsführer SS, I wish to inform you of the
following:
“. . . 2) Obergruppenführer Von dem Bach again received
an order to pacify Warsaw—that is, to raze Warsaw to the
ground while the war is still on, if there is nothing against
this from the military point of view (construction of
fortresses). Prior to destruction, all raw materials, textiles,
and furniture should be taken out of Warsaw. The main role
in performing this task should be assumed by the civilian
administration.
“I am informing you of these facts because this new order
of the Führer regarding the destruction of Warsaw is of the
greatest importance for the future policy toward Poland.
“The Governor of the Warsaw District, temporarily at
Sochaczew, signed: Dr. Fischer.”
Von dem Bach, mentioned in the telegram just read into the
record, is already known to you, Your Honors; he testified in the
afternoon session of the Tribunal on 7 January.
How SS Obergruppenführer Von dem Bach carried out Hitler’s
order regarding the destruction of Warsaw can be seen from the
written evidence given by him on oath on 28 January 1946, during
his interrogation by the Public Prosecutor of the Polish Republic, M.
Savitzky.
I present to the Court the original record of the interrogation in
German, duly signed by Von dem Bach. I shall read two extracts
from this record. . .
[Dr. Seidl approached the lectern.]
THE PRESIDENT: We will hear the objection.
DR. ALFRED SEIDL (Counsel for Defendant Frank): I object to
the reading of the interrogation of the witness Von dem Bach-
Zelewski. The witness was heard before the Court, and it would have
been possible at that time to hear the witness about the matter of
the interrogation right here before the Court.
Should the Soviet Prosecution not wish to forgo the presentation
of this material, then I request that the witness, Von dem Bach-
Zelewski, who is still here in Nuremberg, be summoned before the
Tribunal again, so that the Defense may have an opportunity to
cross-examine the witness.
THE PRESIDENT: General Raginsky, do you want to say anything?
MR. COUNSELLOR RAGINSKY: Mr. President, this record of the
interrogation of Von dem Bach-Zelewski was given under oath, and it
was presented to the Soviet Delegation by the representatives of the
Polish Government. The record of the interrogation is formulated
according to the laws of procedure and was given under oath.
Therefore, we consider it imperative and possible to present it to the
Tribunal without calling Von dem Bach-Zelewski for a second
interrogation before the Tribunal. If the Tribunal decides that the
testimony of Bach-Zelewski cannot be read into the record without
his being called again before the Tribunal, then, in the interests of
expediting the Trial, and in order not to protract the presentation of
our evidence, we agree not to read this testimony into the record
inasmuch as evidence regarding these facts is contained in other
documents which I shall later present to the Tribunal.
THE PRESIDENT: May I ask you then, General: If the evidence
given before the Polish Commission is the same as the evidence
which Bach-Zelewski gave in court, it would be cumulative; if it is
different, then surely the defendants’ counsel ought to have the
opportunity of cross-examining him upon it.
MR. COUNSELLOR RAGINSKY: The testimony which was given by
Bach-Zelewski to the prosecutor of the Polish Republic is
supplementary. Bach-Zelewski was not examined before the Tribunal
about the devastations.
THE PRESIDENT: General Raginsky, the Tribunal understood you
to say that you would be prepared to withdraw this evidence in view
of the fact that the witness had given evidence already and the
Tribunal considers that that is the proper course to take. So then the
evidence will be withdrawn and struck from the record so far as it
has been put on the record.
I think this would be a good time to adjourn.
[A recess was taken.]