On the 15th of February 1940 in a secret report addressed to the Defendant Göring, the OKW justifies the taking of hostages, as proved by the excerpt from Document Number 1585-PS which I propose to read to you. This document is dated Berlin, 15 February 1940. It bears the heading: “Supreme Command of the Armed Forces. Secret. To the Reich Minister for Aviation and Supreme Commander of the Air Force.”

“Subject: Arrest of Hostages.


“According to the opinion of the OKW, the arrest of hostages is justified in all cases in which the security of the troops and the carrying out of their orders demand it. In most cases it will be necessary to have recourse to it in case of resistance or an untrustworthy attitude on the part of the population of an occupied territory, provided that the troops are in combat or that a situation exists which renders other means of restoring security insufficient . . . .


“In selecting hostages it must be borne in mind that their arrest shall take place only if the refractory sections of the population are anxious for the hostages to remain alive. The hostages shall therefore be chosen from sections of the population from which a hostile attitude may be expected. The arrest of hostages shall be carried out among persons whose fate, we may suppose, will influence the insurgents.”

This document is filed by the French Delegation as Exhibit Number RF-267.

To my knowledge, Göring never raised any objection to this thesis. Here is one more paragraph from an order, Document Number F-508 (Exhibit Number RF-268), from the Commander-in-Chief of the Army in France, administrative section, signed “Stroccius,” 12 September 1940. Three months after the beginning of the occupation, the hostages are defined therein as follows:

“Hostages are inhabitants of a country who guarantee with their lives the impeccable attitude of the population. The responsibility for their fate is thus placed in the hands of their compatriots. Therefore, the population must be publicly threatened that the hostages will be held responsible for hostile acts of individuals. Only French citizens may be taken as hostages. The hostages can be held responsible only for actions committed after their arrest and after the public proclamation.”

This ordinance cancels 5 directives prior to 12 September 1940. This question was the subject of numerous texts, and two General Staff ordinances, dated, as indicated at the head of the Document Number F-510 (Exhibit Number RF-269), 2 November 1940 and 13 February 1941: