GÖRING: When a plan for mobilization is laid, provision must be made for certain eventualities. From his experience, the Führer believed that a serious threat would immediately arise in the East, and in this document measures are laid down for dealing with any action by the resistance, and fighting behind the lines. It was therefore a precautionary order in case of such happenings. Such measures have to be taken always and at all times.
GEN. RUDENKO: And the officers were given the right to shoot civilians without bringing them to trial?
GÖRING: An officer could hold a court martial on the spot, but, according to this paragraph, he could also, if he thought fit and had evidence that the opponent was making attacks from the rear, have him shot on the spot. That has always been done.
GEN. RUDENKO: You think that the officer can hold a court martial on the spot?
GÖRING: That is laid down in the articles of war. Every officer commanding an independent unit can hold a court martial at any time.
GEN. RUDENKO: But you do agree that there is no question of any court here? It states that he alone can decide what to do with the civilian.
GÖRING: He could act alone or through a court martial, which was on the spot. All he needed to do was to call just two more people, and he could reach a decision, in 2 or 5 minutes if evidence of the attack was given.
GEN. RUDENKO: In 5 minutes or 2 minutes, you say, and then he could shoot the person?
GÖRING: If I catch a man in the act of shooting at my troops from a house in the rear, then the matter can be settled very swiftly by a court martial. But where there is no evidence at all, you cannot do that. Here, however, we are dealing with an immediate attack and with the means of putting an end to it.
GEN. RUDENKO: Defendant Göring, let us leave this question. I would only like to point out once more that this directive was issued by the High Command of the Armed Forces on 13 May 1941, and that this order gives an officer the right to shoot a man without a trial. I suppose you will not deny this. Let us go on.