DR. EXNER: He probably refers to the fact that we were not allowed to present this Wehrmacht communiqué; but he can give us the contents of it briefly.
THE PRESIDENT: Well, it may be a question of translation, but if he means simply that no evidence has been given by the Prosecution on the subject, of course, there is no objection to his saying that; but when he says that the Prosecution does not want him to put forward or does not want him to answer the document, that is a most improper statement to make.
DR. EXNER: Yes, I understand.
[Turning to the defendant.] Perhaps you can tell us briefly the contents of this Wehrmacht communiqué of 7 October 1942. I believe you have it in your own document book.
THE PRESIDENT: No, but, Dr. Exner, that is not quite what I mean. What the defendant has said was that the Prosecution does not want him to deal with this subject.
DR. EXNER: Yes.
THE PRESIDENT: Now, if that is the remark that is made, that is an improper remark to make. The Prosecution have no communication with the Defense upon this subject, presumably, except that they have put it forward in the evidence in this case.
DR. EXNER: [Turning to the defendant.] Did you understand? You must not say that you are not allowed to touch upon this subject. Perhaps you will give us an explanation of what you meant?
JODL: This communiqué is in direct connection with the Commando Order. Only the last paragraph of this Wehrmacht communiqué is important. It was written by the Führer himself, as Field Marshal Keitel has already stated, and Professor Jahrreiss read it here before the Tribunal. It is the sentence which reads:
“...in future all terror and sabotage troops of the British and their accomplices who do not act like soldiers but like bandits will be treated as such by the German troops and will be ruthlessly eliminated in battle wherever they appear.”