“. . . everywhere where the Germans used the so-called actions against ‘bands and bandits’ as a pretext for the annihilation of the civilian population (women, children, and old people), units of the Yugoslav National Army of Liberation and partisan units had actually been involved. . . .
“Being under military command and wearing recognizable military emblems and insignia, they conducted an armed struggle against the fascist occupational forces and, moreover, they were fully recognized by all the Allies. Besides, we will see later on that on some of its documents, the German Command itself unmistakably recognized this fact; but in its attitude towards the Yugoslav warriors it continued unrestrainedly to violate the principles of the international laws of war.”
As an additional confirmation of the report, the form of which is in accordance with the requirements of Article 21 of the Charter concerning the admissibility of evidence, I also submit to the Tribunal Document Number USSR-305. This is an excerpt from the report by the Yugoslav State Commission concerning the determination of crimes committed by the occupational forces and their accomplices. The State Commission reports that there is at its disposal a secret report by Lieutenant General Hoesslin, the officer in command of the 188th Mountain Infantry Reserve Division, numbered 9070/44. The report is of great importance because of the following considerations which I will explain to the Tribunal in the terms of Document Number USSR-305. I quote:
“Although the report refers to our divisions, brigades, and artillery battalions under their proper names and proper numbers—in cases of military engagements—all our army is called in this report by the general name of ‘bandits,’ and for the very simple reason that by so doing they are attempting to divest us of the rights of belligerents, they themselves assuming the right to shoot prisoners of war, to kill the wounded, and to have a pretext for employing repressive measures against the peaceful non-combatant population, allegedly because of their assistance to the ‘bandits.’ Lieutenant General Hoesslin admits that the combat group of Colonel Christel after ‘a night engagement with weak bandit forces’—these are the precise words of the report—‘burnt down Laskovitz, Lazna, and Cepovan, and destroyed a hospital.’
“In General Hoesslin’s report it is further stated that the division, together with the 3rd Brandenburg Regiment and other German army and police units, participated in ‘a free-for-all manhunt for bandits in the neighborhood of Klana’ (Operation Ernst). . . .”
I submit to the Tribunal Exhibit Number USSR-132 (Document Number USSR-132), Page 363 of your document book. This represents an excerpt from the directives issued by Major General Kübler concerning the conduct of troops in action, an extract which was certified by the Yugoslav State Commission. I read these excerpts into the Record:
“Secret; 118th Jäger Division; Abt Ic; Br. B. No. 1418/43 secret; Div. Hqs., 12. 5. 1943.
“Directives for the Conduct of Troops in Action.
“2. Prisoners:
“Anyone having participated openly in the fight against the German Armed Forces and having been taken prisoner is to be shot after interrogation.”