[A recess was taken.]
THE PRESIDENT: The Tribunal have considered the questions which Dr. Laternser proposed to put to the witness and have also considered the objections made by General Rudenko and Mr. Justice Jackson, and they hold the questions are inadmissible.
DR. LATERNSER: Mr. President, I assume that I am allowed to put the following question.
[Turning to the witness.] Witness, did you either not punish at all or deal more leniently with violations of international law by your own men when violations of this law by the other side were reported to you?
THE PRESIDENT: That seems to me to be putting in one question what before you put in two.
DR. LATERNSER: Mr. President, this question is not meant to cause the witness to give instances of violations of international law by the other side. From the answer, I merely want to ascertain the fundamental attitude of the witness, namely whether he, as commander-in-chief, dealt most severely with violations of international law by his own men even if violations on the other side were reported to him. I withdraw the question.
THE PRESIDENT: The Tribunal would see no objection in your asking the witness whether he was anxious to avoid violations of international law; if you wish to put that question to him there will be no objection to that question. The question which you have suggested putting is really identical with the questions you put before.
DR. LATERNSER: Witness, during this Trial severe accusations have been made because of atrocities committed by German soldiers. Was not every soldier sufficiently enlightened and instructed about the regulations of international law?
KESSELRING: I answer this question in the affirmative. The many talks given by me and the commanders under me always contained such admonitions and instructions.
DR. LATERNSER: Did you, as commander of an army group, spare art treasures and churches as far as possible?