JODL: I believe I have already stated that. I studied international law very carefully in its bearing on my orders. I do not wish to detain the Court with the knowledge I gathered from these regulations, for it is only incomplete, but I should like to conclude by saying that owing to the fact that there were no regulations governing air warfare, deplorable confusion in definition arose—for instance between rebellion and legal war force; between franc-tireur, bandit, and scout; between spy and scout; demolition crews and saboteurs. Any time with the help of aircraft a rebellion might be converted into a legal war; and a legal war, on the other hand, might become a state of rebellion. That is the effect that parachute troops and the furnishing of supplies by air have had on international law.
DR. EXNER: In this connection, I should like to submit the affidavit of Lehmann, Exhibit AJ-10 (Document Number Jodl-63). This document has not been submitted to the Court because it was only yesterday that the Prosecution declared itself in agreement with the use of this affidavit. I believe it is the affidavit of the Judge Advocate General, Dr. Lehmann. If the Tribunal will declare this affidavit admissible, I can perhaps merely refer to it...
THE PRESIDENT: Where is it?
DR. EXNER: I submit it herewith but it has not been translated yet, as we received permission for it only yesterday in Court.
MR. ROBERTS: As Sir David said yesterday there is no objection to the affidavit, although there was no actual order granting the affidavit of Lehmann. My Lord, it is very short, especially the copy I had, and I think there is no reason to object to it.
DR. EXNER: Then, in order to save time, I shall just refer to it; and I beg the Tribunal to read these statements of Dr. Lehmann. They seem to me to be significant, as after all it is the highest jurist in the German Wehrmacht, Judge Advocate General Lehmann, who is giving information here.
THE PRESIDENT: You had better give it an exhibit number.
DR. EXNER: Yes, AJ-10 was the exhibit number I gave it, Your Honor.
THE PRESIDENT: Yes.
DR. EXNER: This gentleman mentions legal discussions, which he had occasion to carry on with Jodl, and he gives us Jodl’s attitude toward legal questions.