SIR DAVID MAXWELL-FYFE: Just let us see what you did issue. Would you look at Document D-764, which will be Exhibit GB-299?
Now, that is your executive order, countersigned I think by the Senior Military Judge, putting forward your order based on that decree; and would you look at Paragraphs 4 and 5:
“All legal proceedings now going on in connection with acts of terrorism, sabotage, or other crimes committed by non-German civilians in the occupied territories which imperil the security or readiness for action of the occupying power are to be suspended. Indictments are to be dropped. Sentences already pronounced are not to be carried out. The culprits are to be handed over with a report on the proceedings to the nearest local Security Police and SD office. In the case of death sentences which have already become final, the regulations now in force will continue to apply.
“Crimes affecting German interests but which do not imperil the security or readiness for action of the occupying power do not justify the retention of jurisdiction over non-German civilians in the occupied territories. I authorize the commanders of the occupied territories to draw up new regulations in agreement with the Higher SS and the Police Leader.”
And then you ask them to consider among the first, one handing them over to the SD for forced labor.
That was certainly not mitigation of the order, was it? You were not making it any easier.
KEITEL: There are a few sentences to be added here. This arose out of the daily discussion of these matters which I dealt with later on the same lines as the first decree. I made suitable annotations, and signed them.
SIR DAVID MAXWELL-FYFE: Well, now, that is what you called terrorism and sabotage. Let us look at what happened to people who were guilty of something less than terrorism or sabotage. Look at Document D-763. That will be GB-300. “Non-German civilians...”
KEITEL: Yes.
SIR DAVID MAXWELL-FYFE: “Non-German civilians in the occupied territories who endanger the security or tactical preparedness of the occupying power otherwise than through acts of terrorism and sabotage, are to be handed over to the SD. Section I, Number 3...”—that is the part that says women will be employed on labor and children will be spared—“of the Führer’s order also applies to them.”