COL. PHILLIMORE: Did it also occur to you that they would be shot without trial?
WAGNER: Yes, that can be concluded from the order.
COL. PHILLIMORE: And what do you mean by saying that it only referred to those not captured by the Wehrmacht? Would you look at Paragraph 3.
“From now on all enemies on so-called Commando missions in Europe or Africa, challenged by German troops, even if they are to all appearances soldiers in uniform or demolition troops, whether armed or unarmed, in battle or in flight, are to be slaughtered to the last man. It does not make any difference whether they landed from ships or airplanes for their actions of whether they were dropped by parachutes. Even if these individuals when found should apparently seem to give themselves up, no pardon is to be granted them on principle. In each individual case full information is to be sent to the OKW for publication in the OKW communiqué.”
Are you saying it did not refer to men captured by the military forces?
WAGNER: Yes, I maintain that statement. There is nothing in the entire paragraph which says these men who were captured by the Wehrmacht were to be turned over to the SD. That was the question.
COL. PHILLIMORE: Now, read on in the last paragraph.
“If individual members of such Commandos, such as agents, saboteurs, et cetera, fall into the hands of the military forces by some other means, for example through the Police in occupied territories, they are to be handed over immediately to the SD.”
WAGNER: Yes. It is expressly stated here that only those people are to be turned over to the SD who are not captured by the Wehrmacht but by the Police; in that case the Wehrmacht could not take them over.
COL. PHILLIMORE: Indeed it is not. That capture by the Police is given as one possible instance. But you know, you know in practice, do you not, that there were several instances where Commandos were captured by the Navy and handed over to the SD under this order? Do you not know that?