DR. EXNER: The first order is addressed to the troops; the second is an explanatory order addressed to the commanders-in-chief. The first order threatens enemy soldiers with death if they engage in bandit-like warfare; and it refers to the Wehrmacht communiqué in this connection.
Can you first explain the connection between the Commando Order and the Wehrmacht communiqué of 7 October ’42?
JODL: May I ask the Tribunal to permit me, as an exception, to go into greater detail. Very much depends on this order; not my person, my own person does not matter in this Trial, but the honor of German soldiers and German officers whom I represent here is in question.
The Commando Order is inseparably linked with the announcement in the Wehrmacht communiqué of 7 October 1942, for this announcement in the Wehrmacht communiqué heralded the actual Commando Order.
DR. EXNER: And who was responsible for this announcement in the Wehrmacht communiqué? Who wrote it?
JODL: This Wehrmacht communiqué of 7 October 1942—it was really a supplement to the communiqué—emanated in the main from me. It deals with the denial of a report by the British Ministry of War, a matter which I will not discuss further, for it is a very delicate point. The Prosecution especially does not wish it to be brought up.
DR. EXNER: But this supplement...
THE PRESIDENT: Dr. Exner, we do not know—at least I have not seen the document of 7 October 1942, and the Prosecution has made no objection to any answer to any English documents as far as we know.
DR. EXNER: I wished to submit this document but objections were raised.
THE PRESIDENT: What does the defendant mean by saying that the Prosecution does not wish him to present it or to answer it?