“Persons who are found, without valid authorization, in possession of explosives and military firearms, pistols of all kinds, submachine guns, rifles, et cetera, with ammunition, are liable in future to be shot immediately without trial.”

This order and others analogous to it continued to be executed even after the allied landing in the west of Europe. These orders were even carried out against organized forces in Belgium as well as in France, although the Germans themselves considered these forces as troops to a certain extent. This can be verified by reference to Document F-673, submitted under Exhibit Number RF-392, entitled “Terrorist action against patriots.”

THE PRESIDENT: Perhaps this would be a convenient time to break off.

[A recess was taken.]

THE PRESIDENT: Yes, M. Dubost.

M. DUBOST: The document I have just submitted under Exhibit Number RF-392 is a memorandum to the Wiesbaden Commission. We read the following:

“The action of the German troops, even if we admit the truth of the facts presented by the French, is taking place in the form of combat by far exceeding in scope any purely police action against isolated outlaws. On the enemy side we have organizations which absolutely refuse to accept the sovereignty of the French Government of Vichy and which from the point of view of numbers as well as of armament and command should almost be designated as troops. It has been reiterated that these revolutionary units consider themselves as being a part of the forces fighting against Germany.


“General Eisenhower has described the terrorists who are fighting in France as troops under his command. It is against such troops”—on the original is written in red pencil “unfortunately not only”—“that repressive measures are directed.”

This document shows us that when in action the French Forces of the Interior, as well as all French forces in the western occupied countries, were considered as troops by the German Army.