KEITEL: I can state only the following, which is true and sincere. In wartime one makes many plans and considers various possibilities which are not and cannot be carried out in the face of the hard facts of reality; and therefore it is not permissible to regard such papers afterwards from an historical point of view, as representing throughout the will and intention of the operational and strategic war leadership.
GEN. RUDENKO: I agree with you that from an historical point of view this document is at present of no importance whatsoever. But taken in conjunction with the plan of the German General Staff at a time when this Staff thought it was going to defeat the Soviet Union, the document does acquire a very different meaning. However, I shall not examine you any further about this document, for the time being.
I now pass on to the subject of atrocities and of your attitude towards these crimes. Your counsel, Dr. Nelte, has already handed you the principal documents of the Prosecution on the subject of atrocities. I do not therefore intend either to submit them again or to enter into any detailed argument on the subject. I shall merely examine you on the basic principles of these documents which were submitted by your counsel when he interrogated you.
I shall first of all refer to a document entitled, “Directive on the Introduction of Military Jurisdiction in Region Barbarossa and on the Adoption of Special Military Measures.” Do you remember that document? It was drawn up on 13 May 1941 more than a month before the outbreak of war against the Soviet Union. Do you remember that in that document, drawn up before the war, instructions were given that suspect elements should immediately be brought before an officer and that he would decide whether they were to be shot? Do you remember that directive? Did you sign the document?
KEITEL: Yes, I have never denied that. But I have given the necessary explanations as to how the document came into being and who was its originator.
THE PRESIDENT: What is the number of the document?
GEN. RUDENKO: Document C-50, dated 13 May 1941.
THE PRESIDENT: Very well.
GEN. RUDENKO: [To the defendant]: Although you declare that you have already elucidated the matter to your counsel, I am nevertheless obliged to put this question to you in a slightly different form: Did you consider that an officer had a right to shoot people without trial or investigation?
KEITEL: In the German Army there have always been courts-martial for our own soldiers as well as for our enemies, which could always be set up, consisting of one officer and one or two soldiers all three of whom would act as judges. That is what we call a court-martial (Standgericht); the only requisite is always that an officer must preside at this court. But as a matter of principle I have to repeat the statement which I have made yesterday...