KEITEL: That is explained by the form of summary court-martial. It is not left to the discretion of the individual; jurisdiction of summary court-martial was provided.
SIR DAVID MAXWELL-FYFE: Just look at the way it is put, Defendant. I suggest to you that it is quite clear. One sentence states: “If handing over to the SD is impossible, owing to the military situation and the state of communications, other effective measures are to be taken ruthlessly and independently.”
Then, the next sentence: “There are, naturally”—look at the word “naturally.” I suppose that it was “natürlich” in German. Is that correct?
KEITEL: I have not the word “natürlich” here. Two words, so far as I can make out, have been inserted.
SIR DAVID MAXWELL-FYFE: But it says: “There are, naturally, no objections to passing and executing death sentences by summary court-martial procedure.” What you are saying is that, of course, there is no objection to a summary court, but you are telling him, in addition to that, that he is to take effective measures ruthlessly and independently. If General Christiansen had shot these railway men out of hand, after getting that letter from you, neither you nor any other superior could have blamed him for it, could you?
KEITEL: According to the last sentence, he was obliged to carry out summary court-martial procedure. It says: “There are no objections to the executing of this sentence by summary court-martial under such circumstances.” That is how I meant it.
SIR DAVID MAXWELL-FYFE: But what did you mean by “effective measures to be taken ruthlessly and independently”? What did you mean by that, if it was only an ordinary summary court procedure?
KEITEL: Not apart from summary court procedure, but by means of the same. That is what the last sentence means. It is already unusual to appoint a summary court-martial in such cases.
SIR DAVID MAXWELL-FYFE: Yes, even on your basis, to use a military summary court to shoot railway men who will not work is going rather far even for you, is it not? It is going rather far, isn’t it?
KEITEL: That was a very severe measure, yes.