SIR DAVID MAXWELL-FYFE: I would like you to try, because you have had time to consider it; do you think that Keitel’s order of December 1942 had come to your attention before you issued your own order of 17 June 1944? Perhaps you would like to see your own order, would you?
KESSELRING: It was read out to me; but in November, then again in December, and subsequently in January, I requested that I should be heard once more on these questions and these orders, as I had certain doubts about the issuing of these orders, the distribution, the persons to whom they were sent, and the date.
SIR DAVID MAXWELL-FYFE: Well, I will pass you the orders, Witness, because you ought to see them and recall them to your recollection. I do not think they have been put in before. Let us take first Defendant Keitel’s order of 16 December 1942.
[The document was submitted to the witness.]
I hope I have passed you the right document. Does it read—I will read it very slowly.
“The Führer has therefore ordered that:
“1. The enemy employs, in partisan warfare, communist-trained fanatics who do not hesitate to commit any atrocity. It is more than ever a question of life and death. This fight has nothing to do with soldierly gallantry or principles of the Geneva Convention. If the fight against the partisans in the East, as well as in the Balkans, is not waged with the most brutal means, we will shortly reach the point where the available forces are insufficient to control this area.
“It is therefore not only justified, but it is the duty of the troops to use all means without restriction, even against women and children, as long as it insures success. Any consideration for the partisans is a crime against the German people.”
Do you remember that order?
KESSELRING: Yes.