Morning Session

THE PRESIDENT: Please continue.

GEN. ZORYA: Your Honors, yesterday afternoon I dwelt on the fact that Plan Barbarossa had foreseen the necessity of annihilating the Red Army, of excluding the possibility of a retreat into the interior of such Red Army units as were still capable of fighting, and of obtaining, by rapid action, a combat line for the German-fascist invaders which would place the regions of Germany beyond the range of the Soviet Air Force. The final aim, according to Plan Barbarossa, was fortification of the Astrakhan-Archangel Line, the destruction from the air of the Ural industries, the seizure of Leningrad and Kronstadt and, as a decisive finale, the capture of Moscow.

The political aims which determined the military plans were formulated by the Hitlerites in the many documents which were read into the record in this courtroom. But these aims were stated particularly clearly at the meeting in Hitler’s headquarters on 16 July 1941. This document was presented by the United States Prosecution as Document Number L-221. You will find it on Page 141 of the document book. At this meeting Hitler, Göring, Rosenberg, Keitel, and other fascist conspirators were deciding, as they thought, the subsequent fortunes of the Soviet Union.

The Crimea, together with the adjoining regions of the Ukraine, the Baltic regions, the Bialystok Forests and the Kola Peninsula, were declared as “annexed” to Germany. The Volga colonies were also to become a part of the Reich. The Baku area was envisaged as a German military colony. Bessarabia and Odessa were to be handed over to Romania, while Finland was to acquire Eastern Karelia, Leningrad, and the Leningrad region.

As you well know, Your Honors, the Hitlerites always strove to prevent their real piratical aims from receiving publicity. At the same meeting at general headquarters, on 16 July 1941, Hitler, for instance, said that it was most important not to reveal their aims to the whole world, not to complicate their path by unnecessary declarations, and, when offering reasons for their actions, to ascribe them primarily to tactical intentions.

The Defendant Rosenberg stated, 20 June 1941, at a conference on the Eastern question—a record of which was presented by the United States Prosecution as Document Number 1058-PS—that tactics were very important and that political aims would be determined as the occasion arose, when one slogan or another could be given publicity. This particular excerpt from Rosenberg’s declaration you will find on Page 17 of the Russian text of the document, which corresponds to Page 201 in the document book.

Taking this circumstance into consideration, Your Honors, it appears of value for our investigation to refer to some statements by the fascist war criminals which refer to the period when they considered it possible to make public some of their political aims. In 1941-42 the fascist hordes broke through territories of the Soviet Union on an extensive scale and approached Moscow. Battles were waged on the banks of the Volga. The specter of a “Greater Germany” ruling the world appeared as a beacon before the eyes of the Hitlerite conspirators. It would appear that the opportunity had arrived about which Defendant Rosenberg spoke when, from the standpoint of the fascist criminals, it was possible that “certain political slogans could be made public.”

I presented to the Tribunal, under Exhibit Number USSR-58 (Document Number USSR-58), a document from the archives of the Defendant Rosenberg’s office relating to questions of German policy in the occupied regions of the Caucasus. Once again I ask you to refer to this document. I turn to Page 203 in the document book and Page 9 of the Russian text, which is the translation of this document.

Rosenberg, on 27 July 1942, solved the Eastern problem in this fashion, and I quote:

“The Eastern problem consists in bringing the Baltic peoples under the influence of German culture and in preparing widely conceived military frontiers for Germany. The Ukrainian problem consists in securing food supplies for Germany and Europe and supplies of raw materials for the Continent.

“The problem of the Caucasus is primarily a political task, and its solution means the expansion of continental Europe, under German leadership, from the Caucasian isthmus to the Near East.”

On 27 November 1941 the Defendant Ribbentrop made a report on the international situation. The text of this report was published in Number 329-A of the Hamburger Fremdenblatt. I present this report as Exhibit Number USSR-347 (Document Number USSR-347).

Ribbentrop said in this report:

“I should like to summarize the consequences of this defeat of Soviet Russia and of the occupation of the far greater part of European Russia in 1941, as follows:

“First, from a military point of view, England’s last ally on the Continent has thereby ceased to exist as a significant factor. Germany and Italy, with their allies, thus become unassailable in Europe. And powerful forces will be released.

“Second, in the economic field the Axis powers, together with their friends, which means the whole of Europe, have achieved independence from countries overseas. Europe has once and for all been freed from the threat of blockade. The grain and raw materials of European Russia can fully cover the needs of Europe. Its war production will serve Germany’s war economy and that of her allies, as a result of which Europe’s war potential will increase, and increase more powerfully. The organization of this gigantic area is already in full swing.

“Thus, the last two decisive prerequisites for the victory of the Axis and its allies over England have been created.”

I shall take the liberty of presenting another document on this same subject. It is Goebbels’ speech in Munich, published on 19 October 1942 in the main organ of the Nazi Party, the Völkischer Beobachter, South German edition. The text of this speech is presented to the Military Tribunal as Exhibit Number USSR-250 (Document Number USSR-250). That is on Page 205 in the document book. In his address Goebbels said:

“Over and above that, we have captured the most important grain, coal, and iron ore producing regions of the Soviet Union. What the enemy has lost we now possess. And since what the enemy lacks has come to us, it is, according to Adam Riese, of double value. While in the past we were a people without space, this is today no longer the case. Today we have only to give a shape to this space conquered by our soldiers, to organize it, and render it useful to us; and this requires a certain period of time. But if the English were to contend that we have lost the war because we have lost time, then this contention will only prove how completely they have misunderstood the entire situation. Time only works against those who have no space and no raw materials. If we make use of our time to organize the space we have conquered, then time will work not against us, but for us.”

Your Honors, that which Goebbels, the Defendants Ribbentrop, and Rosenberg said about exploiting the space captured by the soldiers, took on, at the OKW, the shape of plans for further aggression.

In this respect the following document—which I now submit to the Tribunal as Exhibit Number USSR-336 (Document Number USSR-336)—is of interest and I ask you to accept this as evidence. This document is a letter from the Staff of the German Navy to the commanding generals of Groups West, North, and South. This document was discovered in German archives by the Allied troops. The letter, which you will find on Page 209 in the document book, is entitled, “Objectives for the Further Conduct of War upon the Termination of the Campaign in the East.” It is numbered 1385/41 and is dated 8 August 1941.

In those days the fascist conspirators considered that victory over the Soviet Union was really only a question of time; and they, therefore, planned for further aggression. This letter which I am about to quote begins with the following words:

“The Naval Operations Staff has just received the draft about further intentions on termination of the campaign in the East.

“The following declarations describe these intentions in broad lines and are only intended for the personal information of the commanding generals and the Chiefs of Staff.”

There follows Part 2, Paragraph P, the eight subparagraphs of which detail the plans to be carried out on the termination of the campaign in the East.

I omit, Your Honors, the first two subparagraphs dealing with the tasks of the so-called pacification of the Occupied Eastern Territories and with the assignment to other fronts of troops which had become available.

Subparagraph 3 details the intentions of the fascist conspirators in North Africa. I quote:

“Strengthening of the Armed Forces in North Africa with a view to rendering possible the capture of Tobruk. In order to guarantee the passage of necessary transports according to plan, attacks by the German Air Force on Malta should be resumed.

“Provided that weather conditions cause no delay and the service of transports is assured as planned, it can be assumed that the campaign against Tobruk will begin in mid-September.”

In August 1941 the Hitlerites intended, with the aid of fascist Spain, to seize Gibraltar during the same year. Subparagraph 4 of Part 2 of the letter just submitted to you envisaged that:

“Plan Felix, that is, the seizure of Gibraltar with the active participation of Spain, must be executed in 1941.”

The Hitlerites planned the execution of an attack against Syria and Palestine in the direction of Egypt. Subparagraph 5 of the above-mentioned letter states as follows:

“If, once the termination of the campaign in the East has been made known, we succeed in bringing Turkey to our side, an attack on Syria and Palestine in the direction of Egypt is foreseen after a minimum period of 85 days for the preparation of the necessary forces and a preliminary securing of the Chersonese passes and an improvement of Anatolian transportation routes through Turkey, with German help.”

Two subparagraphs later, we find, in the same letter, in Subparagraph 8, a possible variation of this plan:

“If, even after the defeat of Soviet Russia, it would still prove impossible to bring Turkey over to our side, a southward thrust through Anatolia would have to be carried out against her will.”

Your Honors, in the plans of fascist aggression Egypt played a large part. It is mentioned in Subparagraphs 6 and 7 of Part 2 of the letter quoted. Subparagraph 6 mentions—I quote word for word:

“An attack on Egypt from Cyrenaica, after the fall of Tobruk could probably not be carried out before the end of 1941 or the beginning of 1942.”

Subparagraph 7 stated:

“If the collapse of Soviet Russia creates the necessary conditions, an advance by a motorized expeditionary force through Transcaucasia, in the direction of the Persian Gulf, and in the direction of Iraq, Syria, and Egypt is envisaged.

“Because of weather conditions, this attack will only become possible at the beginning of 1942.”

This document, which I have just presented to the Tribunal, shows the turn of events intended by the fascist conspirators had the Red Army not put an end to their aggression. The fascist aggressors hoped to destroy the Soviet Union in a lightning war, to seize her wealth, to subjugate the Soviet people, and, by these means, to open for themselves the road to world domination.

Now, Your Honors, I have come to the end of my presentation. In concluding the presentation of documentary evidence regarding the aggression of the fascist conspirators against the Soviet Union, may I ask the Tribunal’s permission to sum up briefly as follows:

1. The criminal intent of attacking the U.S.S.R. for the purpose of plundering the Soviet Union and exploiting its riches for purposes of further German aggression was conceived by the fascist conspirators long before the actual launching of the attack.

2. The military preparations for the attack on the Soviet Union were conducted by the fascist criminals for at least a year and embraced not only Germany, but also satellite countries, particularly Romania, Finland, and Hungary.

3. The execution of the criminal designs of the fascist aggression consisting of the extermination of the peaceful population, the plunder of the Soviet Union, and the wresting of its territories, was planned long before the attack on the Soviet Union.

Fortunately for all freedom-loving nations in the world, the Union of the Soviet Socialist Republics, the Soviet people, and their Red Army completely overthrew all the fiendish plans of the fascist aggressors. The Red Army not only withstood and stopped the fascist aggression; but, together with the armies of its allies, brought Hitler Germany to complete catastrophe and the fascist war criminals to the dock.

I thus end my presentation, Your Honors.

COL. POKROVSKY: Your Honors, my task today is to present to you material on the “Criminal Violation of the Laws and Customs of War in the Treatment of Prisoners of War.”

Before beginning the presentation of evidence relative to the overwhelming guilt of the defendants in regard to the persons who were captured by the German Army, I consider it essential to make a few brief remarks.

As early as the end of the last century, the Hague Convention of 1899 established certain rules regulating the rights and responsibilities of belligerents in regard to prisoners of war. In pursuance of the provisions of the 1899 Convention, a number of states drew up the necessary instructions concerning the treatment of prisoners of war. I would like to cite three or four sentences taken from such instructions:

“The exclusive aim of the prisonership is to prevent the further participation of prisoners in the war.

“A State may do everything necessary for the holding of prisoners, but nothing more. . . .

“Prisoners of war may be employed to perform moderate work in conformity with their social position. . . .

“In any case, such work must not be detrimental to health and must not be of a humiliating nature. It must not contribute directly to military operations against the native country of the prisoners. . . .

“Prisoners of war lose their freedom but retain their rights. In other words, military confinement is not an act of mercy on the part of the captor, but the right of disarmed persons.”

It may surprise you to learn that the instructions cited are those issued by the German General Staff in Volume 18 of the circular published in 1902. The principle of humane treatment of prisoners and wounded servicemen was further developed in the Hague Convention of 1907 and the Geneva Convention of 1929.

Germany’s adherence to these conventions was definitely reflected in the German law regarding wartime courts-martial. I have in mind, particularly, the German law of 17 August 1938, and, in particular, Part “e”, Articles 73 and 75, which contain direct reference to the Convention of 1929. That was at a time when Hitlerite Germany had already begun the execution of her aggressive plans.

As the Tribunal will remember, the 23rd Article of the Hague Convention of 1907 states, “. . . it is forbidden . . . to kill or wound an enemy who, having laid down his arms and possessing no means of defense, has unconditionally surrendered.”

It cannot be said that the brief code of the laws of war, which was, in fact, drawn up at The Hague and Geneva, encompassed the whole range of questions relating to the laws of war. The authors of these documents had, therefore, inserted the following proviso, and I will cite this excerpt:

“Until the opportunity presents itself of issuing a more complete code of the laws of war, the High Contracting Parties”—and I would remind the Tribunal that Germany was one of those contracting parties—“consider it appropriate to affirm that, in cases not provided for in the rules established by them, the population and the belligerents remain safeguarded by the principles of international law insofar as these principles ensue from the customs, laws of humanity, and dictates of public conscience in force between civilized nations.”

I should like to emphasize that in the appendix to the Convention on the Laws and Customs of Land War (Second Peace Conference, 1907), Article 4 of Chapter 2, concerning prisoners of war, states as follows—and you, Sir, will find the quotation on Page 4 of the document book, where it is underlined with red pencil:

“Prisoners of war remain in the custody of the enemy government and not of the individuals or troops which had captured them.

“They must be treated humanely.

“All their personal belongings except arms, horses, and military papers, will remain in their possession.”

It may, therefore, be considered definitely established that the governments of a number of states, including Germany, had unconditionally recognized their obligations to insure conditions under which prisoners of war should not suffer from arbitrary actions on the part of members of the Armed Forces of any state. The natural conclusion presents itself that in cases of violations of this obligation, the responsibility for any crime against a prisoner of war and especially for a definite system of crimes against the dignity, person, health, and life of prisoners of war, must fall on the government of the country which had signed the Convention.

In the light of the facts which I shall submit to you, on the basis of irrefutable documents, Germany’s solemn undertakings in regard to prisoners of war will appear to be nothing but unparalleled and cynical mockery of the very conception of treaties, laws, culture, and humanity.

I present to the Court, as our Exhibit Number USSR-51 (Document Number USSR-51), a note submitted by Vyacheslav Mikhailovich Molotov, People’s Commissar of Foreign Affairs of the U.S.S.R., dated 25 November 1941, concerning the outrageous atrocities committed by the German authorities against Soviet prisoners of war; and I quote several extracts from this note, which you will find on Page 5 of the document presented to you:

“The Soviet Government is in possession of numerous facts testifying to the systematic outrages and atrocities committed by the German authorities against Red Army soldiers and against commanders of the Red Army. Lately these facts have become particularly numerous and have positively cried to high heaven, thereby revealing once again the German war machine and the German Government as a gang of bandits who utterly ignored all codes of international law and all laws of human ethics.

“The Soviet Military Command is aware of numerous cases of the subjection of captured Red Army men, the majority of them wounded, to savage torture, ill-usage, and murder at the hands of the German Military Command and German military units. Captured Red Army men are tortured with bars of red-hot iron; their eyes are gouged out, their feet, hands, fingers, ears, and noses are hacked off, their stomachs ripped open, and they are tied to tanks and torn asunder. Enormities and shameful crimes of this sort are committed by German fascist officers and men along the whole front, wherever they may be and wherever men and commanders of the Red Army fall into their hands.

“For example, in the Ukrainian S.S.R., on the Island of Khortitsa, on the Dnieper, after the German troops were forced to retreat by the Red Army, the bodies of captured Red Army soldiers who had been tortured by the Germans were found. The prisoners’ hands had been cut off, their eyes gouged out, their stomachs ripped open. In a southwesterly direction, in the village of Repki in the Ukraine, after the Germans had retreated from the positions they had occupied, the bodies of Battalion Commander Bobrov, Political Officer Pyatigorsky, and two privates were found. Their arms and legs had been nailed to stakes, and on their bodies five-pointed stars had been cut with red-hot knives. The faces of the dead men were cut and burnt. Near these bodies was found the body of a Red Army man whom the Germans had captured the previous day. His feet were burnt and his ears were cut off. When our units captured the village of Kholmy, on the Northwestern front, the mutilated bodies of Red Army men were found. One of these had been thrown into a bonfire. This was Private Adrei Ossipov of the Kazak S.S.R. At Greigovo Station (Ukrainian S.S.R.), German units captured a small group of Red Army men and kept them without food or drink for several days. A number of the prisoners had their ears slashed off, eyes gouged out, and hands cut off, after which they had been run through with bayonets. In July of this year, at Schumilino Station, German units captured a group of severely wounded Red Army men and put them to death on the spot. In the same month, in the vicinity of the town of Borisov, (Bielorussian S.S.R.), the Hitlerites captured 70 severely wounded Red Army men and poisoned them all with arsenic. In August, near the township of Zabolotye, the Germans captured 17 severely wounded Red Army men on the battlefield. For 3 days they gave them no food. The 17 men, their wounds still bleeding, were then tied to telegraph posts, as a result of which three of them died. The remaining 14 were saved from certain death by the timely arrival of a Soviet tank unit commanded by Senior Lieutenant Rybin. In the village of Lagutino, in the vicinity of Bryansk, the Germans tied a Red Army man to two tanks and tore him to pieces. At a point west of Bryansk, not far from the Collective Farm, ‘Red October,’ 11 charred bodies of men and officers of the Red Army captured by the fascists were found. The arms and back of one of these Red Army men bore traces of torture with a red-hot iron rod.

“There are a number of cases on record where the German Command has driven captured Red Army men in front of their advancing columns, during an attack, on pain of shooting. Such cases in particular have been registered in the vicinity of the Vybor State Farm, in the Leningrad region; in the vicinity of Yelna, in the Smolensk region; in the Gomel region of the Bielorussian S.S.R.; in the Poltava region of the Ukrainian S.S.R., and in a number of other places.

“Wounded and sick Red Army men in hospitals which fell into the hands of the German invaders were also systematically subjected to outrageous indignities, torture, and savage ill-usage. On innumerable occasions defenseless sick and wounded Red Army men in hospitals have been bayonetted or shot by the fascist fiends on the spot. Thus, at Malaya Rudnya, in the Smolensk Region, fascist German units captured a Soviet field hospital and shot the wounded Red Army men, and the male and female hospital attendants. Among the victims were Privates Shalamov and Asimov and Lieutenant Dileyev, who were wounded, and Verya Boiko, a 17 year-old hospital attendant, and others.

“There have been numerous cases of the abuse and violation of woman’s honor when female hospital nurses and hospital workers fell into the hands of the Hitlerite invaders.”

There are many similar facts in the same note. Then it continues:

“Marauding is rife among the men and officers of the Hitler army. When the cold winter weather sets in, marauding assumes a mass character, the Hitlerite robbers stopping at nothing in their quest of war clothing. They not only strip warm clothes and boots from the dead bodies of Soviet soldiers; but divest wounded men of literally all their warm clothing—felt boots, boots, socks, jerseys, quilted jackets, and warm caps—leaving them stark naked. They did not even stop at taking the women’s warm clothing from killed or wounded hospital nurses.

“Red Army prisoners were starved to death; they were left without food for weeks or issued infinitesimal rations of moldy bread or rotten potatoes. Depriving the Soviet prisoners of war of food, the Hitlerites compelled them to rake the garbage cans for remnants of food which the German soldiers had thrown out or, as happened in a number of camps, including the camp at the hamlet of Malaya Korma (Bielorussian S.S.R.), they fling the carcasses of horses over the barbed wire fence to the Soviet prisoners of war. In the Vitebsk camp, in Bielorussia, the Red Army prisoners received almost no food at all for 4 months. When a group of Red Army prisoners sent to the German Command a written request for food to keep them alive, a German officer inquired as to who wrote the statement. Five Red Army men who affirmed that they had written it were shot on the spot.

“Similar cases of unbridled tyranny and brutality are to be observed in other camps, Shitkiv, Demyan, and others.

“The German authorities and the German Government have established a savage regime in the camps for Soviet prisoners of war, with the object of mass extermination of Soviet prisoners of war. The German High Command and the Ministry of Food and Agriculture have issued a regulation establishing a food ration for Soviet prisoners of war far inferior in quantity and quality to that for prisoners of war of other countries. For instance, this ration consists of 6,000 grams of bread and 400 grams of meat per month, which dooms the Soviet prisoners of war to a painful death from starvation.

“While enforcing this disgraceful and obviously unlawful regime for Soviet prisoners of war with inhuman cruelty, the German Government is doing its utmost to conceal from the public the regulation it issued on this question. Thus, in reply to an inquiry made by the Soviet Government, the Swedish Government stated that the information concerning the aforesaid regulation of the German Government published in the European and American press was correct, but that the text of this regulation had not been published and was therefore not available.”

The regulation which had not been available for the Swedish Government in the autumn of 1941 has now become available for the International Military Tribunal.

I assume that a very important circumstance is that these regulations were distributed through two channels: The High Command and the Nazi Party. In such a way, the extermination by starvation of the Soviet prisoners of war captured by the Germans had been planned and carried out both by the German High Command and by the Nazi Party.

I present to the Court these documents which were not available some time ago, as a heavy load on the scale of the Prosecution. On Page 17, Your Honors, you will find the document which has been cited by me. It bears the Document Number D-225 (Exhibit Number USSR-349):

“High Command of the Army, Army Equipment and the Commander-in-Chief of the Replacement Training Army.

“Berlin, 6 August 1941.

“Subject: Food ration of Soviet prisoners of war.

“The Soviet Union did not subscribe to the agreement of 27 July 1929, concerning the treatment of prisoners of war. Consequently we are not obliged to supply Soviet prisoners of war with food corresponding in quantity or quality to the requirements of this regulation. Taking the general food situation into consideration, the following rations for Soviet prisoners of war were established, which rations were considered adequate according to medical findings:

“The ration in the camps for the prisoners of war (not employed on essential work) amounted to:

“1. Bread, 6 kilograms; meat, 400 grams; fat, 440 grams; sugar, 600 grams, for 28 days.

“2. For prisoners doing special work: Bread, 9 kilograms; meat, 600 grams; fat, 520 grams; sugar, 900 grams, for 28 days.”

A similar regulation, headed, “Food Ration for Soviet Prisoners of War,” was sent as secret information by the Chancellery of the Nazi Party on 17 December 1941. I shall quote only one sentence from that Party directive, which you will find on Page 18 of the document book:

“An open discussion of the question regarding the food supply of the prisoners of war either orally or in writing is forbidden because of the possibility of enemy propaganda.”

Furthermore, the authors of the document emphasize that there is no danger of any substantial deterioration of the food supply of “our German people.” I consider that the hint is sufficiently clear. The document was distributed to the High Command of the Army, to the commands of corps areas, to the military authorities in Bohemia and Moravia, and to military commissioners in a number of cities.

The fascist conspirators established particularly low rations for men of the Red Army. On the basis of their own estimates the monthly ration for Soviet prisoners of war was 42 percent in regard to fats, 66 percent in regard to sugar and bread and 0 percent in regard to meat, as compared with the amount of food provided for prisoners of war from other armies fighting against Germany. Moreover, there was a special note in the directive itself. You will find the special note on Page 19 of the document book:

“If the ration for non-Soviet prisoners of war is reduced, the ration for Soviet prisoners of war must be lowered accordingly.”

But even these starvation rations, which could not sustain the life of an adult person, more often than not existed only on paper.

I present another document to the Tribunal as Exhibit Number USSR-177 (Document Number USSR-177). . . .

THE PRESIDENT: Colonel Pokrovsky, I do not think it matters very much, but when you said “0 percent” in regard to meat, when you were dealing with the percentage, was that correct? Because in setting out the amount of food which they were allowed, or were supposed to be allowed, there was 400 grams of meat for ordinary men and 600 grams of meat for other men doing special work, and I do not see how 400 grams can be 0 percent of the ration allowed to other non-Soviet prisoners.

COL. POKROVSKY: You are quite right, Sir. I have the same figures here, but there is no contradiction here at all. I am reporting to the Tribunal now that there were several directives, and the first one appears to be the best for the Soviet prisoners of war. It states that 400 grams of meat was the ration. The next directive, which established the percentage of food supply for the Soviet prisoners of war and others, shows 0 percent. As far as I understand it, if there was not meat for all of the prisoners of war, the Soviet prisoners would not receive any meat at all.

THE PRESIDENT: I see. Then you say that the words “on the basis of their own estimates” are referring to some estimates other than the estimate which you give. It does not matter about that, but I understand you to say that there are other estimates which show they did not give them anything. Please proceed.

COL. POKROVSKY: You are quite right, Sir.

I present to the Tribunal one more document dealing with the same question. That is Exhibit Number USSR-177. You will find it on Page 21 of your document book. This is a record of a conference of the Reich Ministry of Food (REM) under the direction of State Secretary Backe and Ministerial Director Moritz. The document is dated 24 November 1941, 1630 hours. Among those who took part in the conference were representatives of various departments, in particular General Reinecke—probably the Tribunal will remember that it was Reinecke who headed that particular phase of the work dealing with the prisoners of war—and Ministerial Director Mansfeld. The subject under discussion was the supply of food to Russian prisoners of war and civilian workers. I quote—Page 21 of your document book:

“1. Types of food.

“Attempts to produce a special Russian bread have proved that a useful mixture consists of 50 percent rye bran, 20 percent residue of sugar beet, 20 percent cellulose flour and 10 percent flour made of straw or leaves.

“Meat not usually employed for human consumption can never sufficiently satisfy a demand for meat. Russians must, therefore, be fed entirely on horse flesh and on the meat of animals which had not been adequately slaughtered and which, at present, is issued in double quantities on the ration cards.

“With the present technique of fat production, inferior fats no longer exist; the Russian will, therefore, receive good edible fats.”

These derisive words can scarcely pass unnoticed. Russian prisoners of war, who had been receiving “meat not usually employed for human consumption,” were now receiving on their starvation rations only “meat which is today issued in double quantities on ration cards”; and instead of fats they were to get certain substances which can only be used for food because of “the present technique of the fat production.” And these products are called “good edible fats.”

The second part of the document is entitled “Rations.” I quote; the part being cited by me is on Pages 21 and 22 in your document book:

“Since there is a great discrepancy among the estimates of the present experts of the Health Administration, the Reich Office of Public Health, and the Army Medical Inspectorate as to the necessary caloric requirements, a final decision concerning the ration will be made in the course of the week by a smaller circle of experts. Seven days of flour soup as a transition diet and cancellation of the words ‘without work’ are from now on decreed for such Russians as are at present in German camps.

“III. The number of Russians whom the Reich Ministry of Supply can supply with food.”

I should note here that this sentence means, “The number of Russians whom the Reich Ministry of Food (REM) can provide has now been established.”

“State Secretary Backe was noncommittal in answer to persistent questioning by General Reinecke and Ministerial Director Mansfeld.”

It seems to me useful to point out that there is on the document a note in pencil to the effect that:

“It is requested to follow up the matter of the rations because State Secretary Backe is, apparently, beginning to lose his nerve.”

The signature is illegible.

It seems to me that this note vividly discloses the arguments that were going on over establishing a norm. Not by accident does it speak here of the wide discrepancy in the estimates concerning necessary caloric requirements of the experts of the Reich Health Administration and the Army Medical Inspectorate. As the Tribunal will remember, the witness Blaha testified in reply to my questions that almost all prisoners of war who died of starvation in the Dachau Camp were men of the Red Army. I shall submit evidence showing that the Dachau Camp was not an exception in that respect.

On 27 April 1942 the People’s Commissar for Foreign Affairs of the U.S.S.R. was forced to submit a new note. I present this note in our exhibit under Number USSR-51 (Document Number USSR-51). You will find the place I am referring to on Page 13 in your document book where it is marked in red pencil for your convenience. I quote:

“The Soviet Government now has at its disposal many hundreds of new documents confirming the bloody crimes committed against Soviet prisoners of war, dealt with in the note of the Government of the U.S.S.R. dated 25 November 1941.

“It has been incontrovertibly established that the German Command, desiring to take revenge for the defeats inflicted on its army in the last few months, has everywhere introduced the practice of physical extermination of Soviet prisoners of war.

“Along the entire length of the front, from the Arctic to the Black Sea, bodies of slain Soviet war prisoners and tortured war prisoners have been discovered. In almost every case these corpses bear traces of the horrible torture which precedes murder. In dugouts from which Red Army troops have driven the Germans, in fortifications, and also in populated centers, bodies of Soviet prisoners are found who have been murdered after savage torture. Facts like the following, recorded in affidavits signed by eye-witnesses, are being uncovered with increasing frequency.

“On 2 and 6 March 1942, on the Crimean front, in the Lilly region at 66.3, village of Jantora, the bodies of nine Red Army men who had been taken prisoner were found so brutally tortured by the fascists that only two of the corpses could be identified. The nails had been drawn from the fingers of the tortured prisoners of war, their eyes had been gouged out and the right breast of one corpse had been completely cut out; there were traces of torture by fire, numerous knife wounds, and broken jaws.

“In Theodosia scores of bodies of tortured Azerbaijanian Red Army men were found. Among them were Ismail-Zadch Jafarov, whose eyes had been gouged out and ears slashed off by the Hitlerites; Kuli-Zadch Alibekov, whose arms had been dislocated by the Hitlerites, after which he had been bayonetted; Corporal Ali Ogly Islom-Mahmed, whose stomach had been ripped open by the Hitlerites; Mustafa Ogly Asherov, who had been bound to a post with wire and died of his wounds in this position.”

And then, in the same note, is cited:

“In the village of Krasnaperovo, (Smolensk region) attacking units of the Red Army found 29 dead and two naked bodies of captured Red Army men and officers, none of whom had a single bullet wound. All the prisoners had been knifed to death. In the same district, in the village of Babaevo, the Hitlerites placed 58 captive Red Army men and two women ambulance workers in a haystack and then set fire to the hay. When the people who had been doomed to death attempted to escape from the flames, the Germans shot them.

“In the village of Kuleshovka, the Germans captured 16 severely wounded men and officers, stripped the prisoners, tore the dressings from their wounds, tormented them with hunger, stabbed them with bayonets, broke their arms, tore open their wounds, and subjected them to other tortures, after which those who were still alive were locked up in a house, which was then set on fire.

“In the village of Strenevo of the Kalinin region, the Germans locked 50 wounded captive Red Army men in a school building and burnt them to death.

“In the town of Volokolamsk the invaders forbade Red Army men who had been locked on the fifth floor of house Number 3/6 Proleterskaja Street to leave the house when a fire broke out. Those who attempted to leave or to jump from the windows were shot. Sixty prisoners perished in the flames or were killed by bullets.

“In the village of Popovka (Tula region), the Germans drove 140 captive Red Army men into a barn and set fire to it. Ninety five perished in the flames. Six kilometers from Pegostye Station, in the Leningrad region, the Germans, in the course of their retreat, under pressure of the Red Army troops, used explosive bullets to kill over 150 Soviet war prisoners after frightful beatings and savage torture. On most of the bodies the ears had been slashed off, the eyes gouged out, and the fingers chopped off, while several had had one or both hands hacked off and their tongues torn out. Stars had been cut out on the backs of three Red Army men. Not long before the liberation of the town of Kondrovo, Smolensk region, by units of the Red Army in December 1941, the Germans executed over 200 Red Army prisoners of war whom they had taken through the city, naked and barefoot, to the outskirts, shooting on the spot those who were exhausted and unable to walk any further, as well as those local citizens who gave them bread on their way through the city.”

THE PRESIDENT: We will adjourn now for 10 minutes.

[A recess was taken.]

COL. POKROVSKY: In their desire to exterminate as many Soviet prisoners of war as possible, the Nazi conspirators excelled themselves by inventing newer and ever newer methods of extermination. The note states:

“Of late a number of new cases have been established in which the German Command made use of Soviet war prisoners for clearing mine fields and for other hazardous work. Thus, in the district of the villages of Bolshaja and Malaja Vloya, for 4 days the Germans drove scores of prisoners lined up in close ranks, back and forth over a mine field. Every day several prisoners were blown to pieces by mines. Provision is made for this method of killing prisoners in the orders of the German Command. Order Number 109 to the 203rd Infantry Regiment states:

“ ‘General Field Marshal Rundstedt, Commander-in-Chief of the Army, has ordered that apart from military operations, the search for mines and the clearing of mine fields be done by Russian prisoners, with a view to sparing German blood. This also refers to German mines.’ ”

The marauding mentioned in the previous note is regarded not only as something possible, but is proclaimed as obligatory to all the soldiers of the German Army. The People’s Commissar refers to the following documents issued by the German Command, in stressing the fact that this marauding, done in wintertime, doomed the Red Army men to freeze to death:

“An order of the Staff of the 88th Regiment of the 34th German Infantry Division, headed ‘Situation with Respect to Clothing,’ imposed: ‘Boots should be removed from Russian prisoners of war without hesitation.’

“That this order is not an accidental one is seen from the fact that even before the perfidious attack on the U.S.S.R., the German Command provided for recourse to this system of supplying its troops.

“Among the documents of the 234th Infantry Regiment of the 56th Division, a circular was found numbered 121/4 and dated 6 June 1941, bearing the heading, ‘On the Principles of Supply in the Eastern Areas.’ This circular states on Page 8:

“ ‘You must not count on being furnished clothing. Therefore it is particularly important to remove serviceable boots from prisoners of war and to make immediate use of all suitable clothing, underwear, socks, et cetera.’ ”

The note points out:

“The Germans, with a view to exterminating Soviet prisoners of war, deprived them of food, condemned them to slow starvation and in some cases used a bad quality food. Soviet authorities have in their possession Order Number 202 of the Staff of the above mentioned 88th Regiment, which states:

“ ‘Carcasses of horses will serve as food for Russian prisoners of war. Such points where carcasses of horses have been dumped are designated by signs. They can be found along the highways in Malo-Yaroslavets and in the villages of Romanovo and Beloussovo.’

“Order Number 166/41 to the 60th Motorized Infantry Division is quite outspoken in demanding the mass murder of Soviet prisoners of war. This order states:

“ ‘Russian soldiers and noncommissioned officers are extremely courageous in battle. Even small isolated units are always ready to attack. Therefore no humane attitude towards the prisoners is permissible. The destruction of the enemy by fire or by cold steel must be continued until he is rendered completely harmless. . . .’

“The regulations issued by the German Command on the treatment of Soviet war prisoners, under Number 1/3058, contain the following instructions:

“ ‘At the slightest sign of insubordination energetic and direct action must be taken. Arms must be used ruthlessly. Bludgeons, canes, and whips must not be used. Leniency, even towards obedient and hard-working prisoners only indicates weakness and must not be indulged in.’ ”—from Point 2.

“ ‘At work the distance to the prisoner must always be such as to permit of immediate recourse to arms.’ ”—from Point 3.

“All this proved to be insufficient. The Order of the High Command of the German Army, dated 14 January 1942 and issued in the name of Hitler as Commander-in-Chief, states”—Paragraph 2:

“ ‘All clemency or humaneness towards prisoners of war is strictly condemned. A German soldier must always make his prisoner feel his superiority. . . . Every delay in resorting to arms against a war prisoner harbors danger. The Commander-in-Chief of the Army hopes that these directions will be fully carried out.’

“The Soviet Government continues to receive reliable information on the condition of captive Red Army men in the German-occupied territories of the U.S.S.R. as well as in the German rear, and in the German-occupied European countries. This information testifies to the further deterioration of the regime instituted for captive Red Army men, and that they are particularly bad off in comparison with the war prisoners of other countries. It further testifies to the mass dying of Soviet prisoners of war from starvation and illness, from foul indignities and bloody cruelty systematically applied to the Red Army men by the Hitlerite authorities who have long since violated the most elementary requirements of international law and human ethics.”

The note specially stresses the fact that the inhuman atrocities and the cruelty perpetrated by the German fascist gangsters against the Soviet war prisoners exceed the atrocities of Genghis Dhenghis-Khan, Baty, and Mamay.

In spite of that the note, which you will find on Page 14 of the document book, states:

“. . . In spite of all that, the Soviet Government, true to the principles of humanity and respect for its international obligations, has no intention, even in the given circumstances, of applying retaliatory repressive measures against German prisoners of war, and continues, as heretofore, to observe the obligations undertaken by the Soviet Union with regard to the regime for war prisoners specified by the Hague Convention of 1907, which was likewise signed but so perfidiously violated in every one of its points by Germany.”

Later I shall quote a document written by a group of German prisoners of war. The authors of the document, on one hand, by a series of new facts, have added to the number of atrocities committed by the conspirators against the Soviet war prisoners; and on the other hand, they have confirmed that the Soviet Command is true to the principle of humanity in its attitude towards the German captives.

The military victory of the democratic powers opened the innermost secrets of Hitler’s archives. Along with a large number of documents that raise the curtain on the criminal plans of the conspirators, we have also obtained a wide opportunity of interrogating living witnesses. A whole series of questions become finally clear as, and when, the witnesses’ depositions are being cross-checked with the documentary archives. Much new evidence has also been received by us on the subject of the crimes against the prisoners of war.

Some information with regard to the criminal Hitlerite practice of exterminating the Soviet prisoners of war appeared as of 27 April 1942, in the official communication of V. M. Molotov, People’s Commissar for Foreign Affairs in the U.S.S.R.

I shall here prove that this crime was part of the general conspiracy and was planned in advance of the aggressive war against the Soviet Union. The Tribunal will see that the regime for war prisoners was really the sum total of diverse methods for their extermination. Let us turn to the testimony of the witnesses.

The former Chief of Staff of the OKH, Franz Halder, interrogated on 31 October 1945, testified—I submit to the Tribunal an excerpt from this document, Exhibit Number USSR-341 (Document Number USSR-341):

“Witness: ‘Prior to the attack on Russia, the Führer called a conference of all the commanders and persons connected with the Supreme Command on the question of the forthcoming attack on Russia. I cannot recall the exact date of this conference. I no longer know whether it took place before or after the invasion of Yugoslavia. At this conference the Führer stated that the methods used in the war against the Russians will have to be different from those used in the war against the West.’ ”

I beg your pardon, I have forgotten to tell you that the place which I quoted from was on Page 24 of your document book.

“Investigating Officer: ‘What else did he say?’

“Witness: ‘He said that the struggle between Russia and Germany is a Russian struggle. He stated that since the Russians were not signatories to the Hague Convention, the treatment of their prisoners of war does not have to follow the articles of the Convention.’ ”

DR. NELTE: Your Honor, Generaloberst Halder is in the military prison here at Nuremberg, and he is a very important witness not only to the testimony at hand but also in general. And I believe, according to our principles, which have been formulated by the High Tribunal in connection with Article 21 of the Charter, it might be important to hear this witness personally rather than use written testimony; and I ask the Tribunal to decide this question.

THE PRESIDENT: Colonel Pokrovsky, did you wish to make any answer to Dr. Nelte’s request?

COL. POKROVSKY: With the permission of the Tribunal, I will submit to him my consideration in this case.

The testimony of Halder is of importance to us in one respect only, namely, that he states the fact of a special conference called by Hitler before the war; a conference at which the question of the treatment of Russian prisoners of war attracted particular attention. This fact also finds confirmation in other testimonies which were submitted by us to this Tribunal; and, therefore, I think that there is no reason and no need for examining this witness, since this interrogation may cause further delay as it will refer to this question only and the German Defense Counsel may ask unnecessary questions. In case the German Defense Counsel would consider it advisable to request the Tribunal to bring witness Halder here for cross-examination, it should be proper for the Defense to submit to the Tribunal, in accordance with established procedure, an application and explain for what reason it wants to cross-examine Witness Halder. The Tribunal would then have occasion to discuss this application and to grant it should they deem it proper to do so.

That is all I wanted to point out concerning this question.

[There was a pause in the proceedings while the Judges conferred.]

THE PRESIDENT: The Tribunal considers that if the interrogation of General Halder is to be used, and it has been used, that General Halder must be brought for cross-examination, provided it is true that he is in Nuremberg.

When a witness is called he is liable to cross-examination and the only reason for allowing interrogations to be used is on account of the difficulty of bringing witnesses to Nuremberg. Therefore, if an interrogation is allowed to be used and the witness is in Nuremberg, the witness must be produced for cross-examination. I mean, of course, at a time which is convenient to Counsel.

Colonel Pokrovsky, if this witness, General Halder, is in Nuremberg, you will have him brought here at a time which is convenient to you during the presentation of your case.

COL. POKROVSKY: With the permission of the Court, we will finally find out where Halder is at the present time and, if he is really in Nuremberg, he will be produced as a witness.

THE PRESIDENT: Very well.

COL. POKROVSKY: We must here note a common fascist lie. Hitler was intentionally misrepresenting facts. That the Soviet Union had pledged to follow the statutes of the Hague Convention is generally known. Even the criminal code of the Soviet Union provides for the defense of the rights of prisoners of war, in accordance with international law, and those guilty of violations are considered criminally responsible. The note of the People’s Commissar for Foreign Affairs in the U.S.S.R., Mr. V. M. Molotov, on 27 April 1942, once again mentions the obligations of the Hague Convention which the Soviet Union had pledged to follow. To that note I have already referred.

Continuing, I shall again quote from Halder’s deposition concerning Hitler’s speech. You will find it on Page 24:

“Furthermore, he”—Hitler—“said that in view of the political level of the Russian troops”—at this point several dots follow in the original—“to be brief—he said that the so-called commissars should not be considered prisoners of war.”

It is impossible not to remark here that, owing to the superior political consciousness of the Red Army soldiers, the Hitlerites saw a commissar or a communist in almost every prisoner of war. Then there is recorded the following question of the investigating officer and the reply to it:

“Investigating Officer: ‘Did the Führer say anything about an order which should be issued on the subject?’

“Witness: ‘What I have just said was his order. He said that he wanted it carried out even if no written order followed.’ ”

After Halder’s deposition, in the document book on your table, there is an extract from the deposition of the former Deputy Chief of the Operations Section of OKW headquarters, General Warlimont, dated 12 November 1945. He was testifying on oath before Lieutenant Colonel Hinkel of the American Army. This document is the result of work accomplished by our American colleagues. The American Prosecution has kindly placed this document at our disposal, which we in turn submit to the Tribunal as Exhibit Number USSR-263(a) (Document Number USSR-263(a)). I think the Defense Counsel wishes to submit another request to the Tribunal. I therefore cede my place.

DR. NELTE: Mr. President! Regarding General Warlimont, we have the same reasons which I just mentioned regarding Generaloberst Halder. General Warlimont is also present in Nuremberg and is at your disposal for examination in the court. Concerning the importance. . . .

THE PRESIDENT: What do you want to request now?

DR. NELTE: My application consists in the request to disallow the use of the document which the Soviet Prosecutor has just wished to read out loud, and to direct that the witness, Warlimont, now present in Nuremberg, be called as a witness.

THE PRESIDENT: The Tribunal has just ruled that the interrogation of General Halder may be used, but if it is used—and it is being used—he must be submitted for cross-examination by counsel for the defendants. What more do you want?

DR. NELTE: I am not speaking about Generaloberst Halder but about General Warlimont.

THE PRESIDENT: I thought we had already ruled upon General Warlimont; that he had to be called—that is, only yesterday or the day before.

DR. NELTE: I believe that this ruling has escaped the memory of the Soviet Prosecutor, otherwise he would not be reading this document out loud but would be introducing General Warlimont to the Court in person.

THE PRESIDENT: I think the ruling of the Tribunal was that the Prosecutor should be entitled to use the interrogation, but if he did so, he must submit the witness for cross-examination. Therefore, the Soviet Prosecutor is entitled to read the interrogation and General Warlimont will then be produced for the purpose of cross-examination.

DR. NELTE: Is he obliged to do this or may he use his own discretion?

THE PRESIDENT: I suppose he might use his own discretion and call the witness if he wanted to and not put in the interrogation.

You see, Dr. Nelte, the position of the Tribunal is this. If the prosecuting counsel chooses to call the witness and not to use the interrogation, of course, he calls the witness, examines the witness, and the witness is liable to cross-examination by Defense Counsel. If, on the other hand, the prosecuting counsel wishes to use the interrogation, which he already has, he can do so; but if the witness is available in or near Nuremberg, he must still be produced for cross-examination.

The discretion which Counsel for the Prosecution has is as to whether they use an interrogation which they already have or call the witness. But in either case, the witness, if he is here, must be produced for cross-examination.

DR. NELTE: The witnesses, Generaloberst Halder and General Warlimont, are both in Nuremberg and at our disposal. I merely wish to know whether the date when he is to be presented depends on the discretion of the Chief Prosecutor. We are interested in the possibility of holding the cross-examination when the Prosecution has read out the written statement.

THE PRESIDENT: I thought that was a matter you might settle with the prosecuting counsel as to whether you wish to cross-examine him directly after the interrogation has been presented or after a short delay. If I were to say that he is to be cross-examined immediately after the interrogation has been put in probably Defense Counsel would say he wanted time to consider the interrogation. But you can surely settle that with Colonel Pokrovsky.

DR. NELTE: Then I will deal with Colonel Pokrovsky on this matter. Thank you.

COL. POKROVSKY: I take the liberty of starting from the point where I broke off. We now present to the Tribunal Exhibit Number USSR-263(a), consisting of the minutes of the interrogation, under oath, of the witness, Warlimont, given to Lieutenant Colonel Hinkel of the American Army. I do not intend to read this document into the record in full. Warlimont, in many cases, repeats Halder. The important thing is that he confirms two facts in their entirety:

(1) That it was Hitler who conducted the meeting of which we were informed by Halder’s testimony. (2) That, even before the war, Hitler had issued a directive to shoot prisoners of war; pointing out that special units were to be created for this purpose and that the SD would follow the Army.

Warlimont further testified—I quote, and Your Honors will find the excerpt which I quote on Page 26:

“He”—that is Hitler—“further said that he did not expect the officer corps to understand his orders, but he demanded that they obey his orders unconditionally.”

We have some more testimonies, those of Lieutenant General of the German Army, Kurt von Österreich. He was the former Commander of the Prisoner of War Section of the Danzig Military District. He personally handed his testimonies to the representatives of the Red Army on 29 December 1945. His testimonies, registered as Exhibit Number USSR-151 (Document Number USSR-151), are contained in your document book. I shall read certain excerpts into the record:

“I began my work as Commander of the Prisoner of War Section at the headquarters of Military District XX (Danzig) on 1 February 1941.

“Prior to that I was the commanding officer of the 207th Infantry Division, located in France.

“It was towards March 1941 that I was summoned to Berlin to attend a secret meeting at the headquarters of the OKW. This conference was conducted by Lieutenant General Reinecke, then Chief of Headquarters’ Prisoner of War Section.

“Over 20 chiefs of the district prisoner of war sections from various regions attended this conference, as well as several staff officers of the headquarters. I cannot, at present, remember the names of these officers.

“General Reinecke told us, as a great secret, that a tentative invasion of the Soviet territory had been planned for the beginning of summer 1941 and that in this connection the OKW had elaborated essential measures, including the preparation of camps for Russian prisoners of war expected after the beginning of operations on the Eastern front.”

I omit 3 paragraphs and shall go on to several details of greater importance:

“On this occasion he ordered us to construct open air camps surrounded only by barbed wire in such cases where there would be no time to construct roofed-in barracks for the Russian prisoners.

“Moreover, Reinecke gave us instructions as to the treatment of Russian prisoners of war, directing us to shoot without any warning those prisoners who might attempt to escape.”

In my opinion, the next two long paragraphs can be omitted in order to save time.

“After some time”—I pass on to Page 28 of your document book—“I received a directive from the headquarters of the OKW confirming Reinecke’s instructions to shoot without any warning all Russian prisoners attempting to escape. I do not now remember who signed this directive.”

The witness further testifies how he was called, either towards the end of 1941 or the beginning of 1942 to a conference in Berlin of the military district chiefs on prisoner-of-war affairs. The conference was conducted by Major General Von Graevenitz. The question under discussion was what to do with those Russian prisoners of war who were unable to work as the result of wounds or exhaustion. I think it might be useful to quote a few lines. They are on Page 29 in your document book:

“On the proposal of General Von Graevenitz this question was discussed by several officers present, including doctors, who stated that such prisoners of war unable to work should be concentrated in one place—either in camp or in hospital—and killed by poisoning. As a result of this discussion General Von Graevenitz ordered us to murder war prisoners incapable of work, using for this purpose the camp medical personnel.”

The witness asserts that when he arrived on duty in the Ukraine in the summer of 1942, he learned there, as he says—you will find these two lines on Page 29, “A method of murdering Russian prisoners of war by poisoning is already adopted there.”

The witness quotes actual figures, actual facts connected with this crime. I think it important to note a reference to this fact quoted on the fourth page of the Russian text, third paragraph from the top, on Page 29 of your document book:

“When I was in the Ukraine I received from headquarters a top-secret order signed by Himmler, directing that, as from August 1942, Russian war prisoners must be branded with a special mark.

“Russian war prisoners were kept in concentration camps under severe conditions, were poorly fed, subjected to moral outrages, and died of hunger and disease.”

Österreich names facts which confirm this testimony. The following episode is revealingly characteristic. I quote the second paragraph of the fifth page; it is on Page 31 in your document book:

“In the beginning of 1942 when an echelon of Russian war prisoners was being moved from the Ukraine to the city of Torun, approximately 75 people died there, the corpses of whom were not taken away but left in the railway car together with the living. . . . About 100 prisoners of war who could not bear these conditions and tried to escape were shot.”

These and similar cases are known to the witness. He enumerates them, but I do not think it is necessary to cite all of them to the Tribunal. They are all alike.

THE PRESIDENT: Please, proceed.

COL. POKROVSKY: Thank you. I thought the members of the Tribunal were deliberating. I, therefore, interrupted my report. Thank you.

Österreich also speaks about directives which provide for the shooting of all political commissars of the Red Army, Communists, and Jews. Such an arrangement practically opened the way for the extermination of any Soviet prisoner of war under the pretext that he was suspected of belonging to the Communist Party or if he looked like a Jew.

In rounding up General Österreich’s testimony it is necessary to quote a sentence mentioned, as I believe, by the Commander-in-Chief, General Field Marshal Von Reichenau, in “The Conduct of the Army in the East.” I submit this document to the Tribunal as our Exhibit Number USSR-12 (Document Number USSR-12). This quotation is on Page 33 in your document book, “Supplying the civilian population and the prisoners of war with food is a misunderstood humanitarian act as well as . . .” I submit to the Military Tribunal this despicable directive of Hitler’s Field Marshal and request it be accepted as evidence. This document is registered under Number USSR-12.

Three of Hitler’s high-ranking officers confirmed that even at the beginning of the war, at a special conference. . . .

THE PRESIDENT: Could you tell us if this order was issued by Field Marshal Von Reichenau? By the general himself?

COL. POKROVSKY: The order is signed by General Field Marshal Von Reichenau.

THE PRESIDENT: Was it captured or what?

COL. POKROVSKY: This document was one of the trophies captured by the Russian Army.

THE PRESIDENT: By the Russian Army?

COL. POKROVSKY: By the Russian Army.

THE PRESIDENT: Thank you.

COL. POKROVSKY: Three of Hitler’s high-ranking officers have confirmed that already at the beginning of the war the question of exterminating Soviet prisoners of war was settled during a special conference. They—the witnesses—differ slightly in detail, but the fact itself has been quite definitely established. The sentence which I quoted from the directive of Field Marshal Reichenau also confirms that even the supply of food to the soldiers of the Red Army taken prisoner by the Germans was considered as “unnecessary humanity.”

It is useful perhaps to submit to you Document Number 884-PS (Exhibit USSR-351). It bears the signature of Warlimont and a postscript by the Defendant Jodl. The document was drawn up at the Führer’s headquarters on 12 May 1941. It said, “OKH had submitted the draft of a directive dealing with the treatment of responsible political workers and similar persons.” You have this quotation on Page 35 in the document book, as well as the two following excerpts which I am going to quote.

The draft foresaw the “removal” of persons of this category. The decision whether a prisoner of war falls into the group “to be removed” is up to the officer. The document states; “By an officer with authority to impose punishment for breach of discipline.” Thus, any junior officer was endowed with powers of life and death over any captured Red Army soldier, regardless of his rank or service. Paragraph 3 of this document states:

“Political commissars of the army are not recognized as prisoners of war and are to be liquidated, at the latest, in the transient prisoner-of-war camps. No evacuation to the rear areas.”

The Defendant Jodl added the, for him, characteristic postscript—you will find it on Page 37 of the document book:

“We must reckon with possible reprisals against German airmen. It would, therefore, be better to consider all these measures in the nature of reprisals.”

General Österreich’s testimony concerning the existence of the order to brand Soviet prisoners of war is fully confirmed. I submit to the Tribunal, as Exhibit Number USSR-15 (Document Number USSR-15), Order Number 14-802/42, given by the Chief of Gendarmerie of the Vice Governor in the Region of Styria. It is stated in the order that it is a question of disclosing the order of the Chief of Police. The first paragraph of the order of the chief of the regular police states—the paragraph quoted is on Page 38 of the document book:

“1. Soviet prisoners of war are to be branded with a special and lasting mark.

“2. The brand is to consist of an acute angle of about 45 degrees with a 1-centimeter length of side, pointing downwards on the left buttock, at about a hand’s width from the rectum. This brand is to be made with the lancets available in all military units. Indian ink is to be used as coloring matter.”

The third paragraph underlines that, “Branding is not a sanitary precaution.”

It is stated in Paragraph 5 that, together with all Soviet prisoners of war now entering the regions of the Baltic States, the Ukraine, and the province of the Governor General commanded by the German Armed Forces, all the remaining prisoners of war in the area of the Supreme Army Command (OKW) up to September 1942 are to be subjected to branding.

The same directive was issued to the presidents of the regional labor offices and the Reich Inspectors for Allocation of Labor. In this Document Number 1191-PS, Page 40 of the document book, it is stated that the order of the OKW, dated 10 July 1942, was brought to the attention of the presidents of regional labor offices and to the Reich Inspectors for Allocation of Labor.

Our documents numbered USSR-121, 122, and 123 are excerpts taken from orders issued by the German military authorities, such as regimental and divisional commanders, and confirm that the prisoners of war, in order to “spare German blood,” were forced to clear mine fields and carry on work which endangered their lives. Order Number 16641 of the 60th German Infantry Division states, in explanation of the bestial treatment of the Soviet warriors:

“Russian soldiers and noncommissioned officers are very brave in battle. Even a small isolated unit will always attack. In this connection a humane attitude towards the prisoners is not permissible.”

This quotation is on Page 44 in the document book.

THE PRESIDENT: We have had that already, have we not, or an almost identical one?

COL. POKROVSKY: You are right, Sir, I quoted this excerpt as a part of the note of the Commissar of Foreign Affairs, Molotov; and now I quote it as part of a special German document. I consider that it is an unprecedented event in history when, instead of respecting an enemy for his military valor, the senior officers of Hitler’s army, in reply to such military valor, ordered their subordinates to treat this same enemy ruthlessly and inhumanly.

In the document submitted to you as Number 3257-PS (Exhibit Number USSR-352), there is a sentence directly relating to my theme. It has been read into the record. Document 3257-PS is a secret report of the Armament Inspector in the Ukraine, dated 2 December 1941, and addressed to the Chief of Armament Section of the OKW. It states—the excerpt quoted is at the end of Page 45 and the beginning of Page 46 of your document book:

“Living conditions, food, clothing conditions, and the health of the prisoners of war are bad; mortality is very high. We may reckon on the fact that during this winter people will perish at the rate of tens and even hundreds of thousands.”

I submit a document under Document Number D-339 (Exhibit USSR-350). The chief camp and factory physician, Jäger, having inspected the camp in Naeggerath Street, informed the medical department of the Central Administration of Camps, in a top-secret medical report on 2 September 1944—you will find the excerpt quoted on Page 47 of your document book—as follows:

“The prisoner-of-war camp in Naeggerath Street is in an atrocious condition. The men live in dustbins, in kennels, in ovens no longer used, and in huts made by themselves. Food is barely sufficient. Krupp is responsible for shelter and the food supply. Medicine and bandages were so scarce that in many cases medical treatment was completely impossible. The blame for this appalling state of affairs rests on the permanent camp.”

In the files of the Defendant Rosenberg was found, among other documents, one numbered Document 081-PS (Exhibit USSR-353). As far as we can understand, it is a letter from Rosenberg to Keitel, dated 28 February 1942, on the subject of the prisoners of war. A copy found in Rosenberg’s files is unsigned, but there is no doubt that such a letter was either addressed to Keitel or prepared for dispatch to the chief of the Armed Forces. The letter states that the fate of the Soviet prisoners of war in Germany is a tragedy on an enormous scale.

I will now read into the record the second sentence of the fifth paragraph of the Russian text—you will find it on Page 48 of the document book:

“Out of 3,600,000. . . .”

THE PRESIDENT: I think the United States read this letter, did they not?

COL. POKROVSKY: The document has been partially read, but I would ask permission to read part of a short excerpt a second time, since it is of importance to my further report. It will, quite literally, only take a minute and a half of our time.

THE PRESIDENT: Colonel Pokrovsky, we have been preventing other prosecuting counsel from reading documents which have already been read and we are directed by the Charter to conduct an expeditious trial; and I do not really see how it can be expeditious if documents are read more than once.

COL. POKROVSKY: This document, which is already known to the Tribunal, presents a very clear picture of what happened in the camp. The author of this letter states that attempts had been made by the population to supply the prisoners with food but that in most cases the attempts were foiled by the energetic opposition of the camp commanders.

There is no reason to suspect the author of that letter of piling on the agony, or of having any liking for the Soviet people. On the contrary, there is every reason to state that the question has not yet been fully elucidated. This document, addressed by one defendant to another, enables us to imagine the acts that took place in the camps for Soviet prisoners of war.

I began by presenting to you documents of German origin, and this with a definite aim in view. After you have been informed of the attitude of the Hitlerites themselves towards the Soviet prisoners of war and as soon as you have learned however briefly, what the camps for the Soviet prisoners looked like from the words of the Hitlerites themselves, it will be easier for you to estimate the probative value of the documents of non-German origin.

I stop, because it seems to me the Tribunal wants to adjourn.

THE PRESIDENT: Perhaps that would be a convenient time to adjourn.

[The Tribunal recessed until 1400 hours.]